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HomeMy WebLinkAbout2000-373ORDINANCE NO c c -373 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF AMARILLO STREET SIDEWALK, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2560 — AMARILLO STREET SIDEWALK AWARDED TO SENECA CONTRACTING, IN THE AMOUNT OF $22,237) 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 ordinances, 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 CONTRACTOR AMOUNT 2560 Seneca Contracting $ 22,237 SECTION 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 IV That upon acceptance and approval of the above competitive sealed 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 PASSED AND APPROVED this the /% W\ day of ©C'l &r 2000 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY CITY ATTORNEY 10 M �&� 16 m 4, EULINE BROCK, MAYOR BID 2560 — Amafl110 Sldo6Ik 9' AtIC WORKS CONTRACTUAL ORDINANCE 10 00 ATTACHMENT TABULATION SHEET . - - Loll] AMARILLO STREET SIDEWALK No, I Qty, I ERCRI TIQN VENDOR VENDOR VENDOR Seneca Lands Whizcon Utilities Contracting Construction Principle Place of Business Denton, TX Denton, TX Arlington, TX TOTAL BASE BID $22,237 00 $34,618 80 $23,685 55 1 Bid Bond Yes Yes Yes CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this --iZ—day of October A D , 2000, by and between City of Denton of the County of Denton and State of Texas, acting through Michael W.J= thereunto duly authorized so to do, hereinafter termed "OWNER," and of the City of Denton _, County of Denton and State of 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 2560 Amarillo Street Sidewalk in the amount of 1,t227 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 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, 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 tune 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 C-%.el ATTEST &//Ce.,Agn;/Ot i,T APPROVED AS TO FORM CITY (SEAL) Gr—mEcA CooTILACTIM& CORP, CONTRACTOR P-O, Bok 1410 DENTOnj ?k '7(oZOZ-14-10 MAILING ADDRESS CA-3 94-0-565-1I4-`7 PHONE NUMBER 940--992-0950 FAX NUMBER BY ' TITLE P2t 5)O E NT 14A2QY M LoTWP-tbGE PRINTED NAME (SEAL) Bond # SA3826 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Seneca Contracting whose address is P 0 Box 1470. 9513 F. McKmneYenton, TX 7622-1470 hereinafter called Principal, and Uni. ed States Fidelity & Guaranty Company a corporation organized and existing under the laws of the State of Texas 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 Tw n y Two Thousand Two Hundred Thirty Seven and no/100 DOLLARS ($22 237 ) 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 2000-373, with the City of Denton, the Owner, dated the 17 _ day of October AD 2000, a copy of which is hereto attached and made a part hereof, for Bid # 2560 - Amarillo Street Sidewalk. 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 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4_ copies, each one of which shall be deemed an original, this the _LZ_day of October , 2000 ATTEST BY "� 777 SECRETARY PRINCIPAL SENEGA Cow-rP M Tluy COP-P, BY Az6r�_7Z? PRESIDEIqT ATTEST SURETY United States Fidelity & Guaranty Company BY BY - ---- ATTORNEY-IN-FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is STREET ADDRESS 8610 King George Drive, Dallas, TX 75233 (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person's name ) PB-2 Bond # SA3826 PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That Seneca Contracting , whose address is P O Box 1470 2513 Fact McKinney, Denton TX 76702-1470 hereinafter called Principal, and to t d Statei Fidelity & Guaranty Company a corporation organized and existing under the laws of the State of Texas , 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 Twenty Two Thousand Two Hundred Thirty Seven and no/100 DOLLARS ($2Z237-) 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 2000-373, with the City of Denton, the Owner, dated the 17 day of October AD 2000, a copy of which is hereto attached and made a part hereof, for Bid 2560 - Amarillo Street Sidewalk, 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, the terms of the Contract, or to the Work to be Specifications, Drawings, etc PB-3 extension of time, alteration or addition to performed thereunder, or to the Plans, This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 17 day of October , 2000 ATTEST BY 7 '! SECRETARY PRINCIPAL ,5rA1EL,y C' V744cd/tiG �vlLp BY /44 r 72% PRESIDENT ATTEST SURETY 01 United States Fidelity& GuarantyCompany BY 'lD.l- kLB -- 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 Jeff Trenthem / Maxon -Mahoney -Turner Inc STREET ADDRESS 8610 King George Drive, Dallas, TX 75233 (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person Is name ) 7he&Phul Power of Attorney No POWER OF ATTORNEY Seaboard Surety Company St Paul Fire and Marine Insurance Company St Paul Guardian Insurance Company St Paul Mercury Insurance Company 20290 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc Certificate No KNOW ALL MEN BY ITHLSE PRESENTS That Seaboard Surely Company is a corporation duly org inized under the laws of the State of New York anti it' it St Paul Fire and Marine, Insurance Company St Paul Guardian Insurance Company and St Paul Mercury Insurance Company are emporations duly orgamled under the law+ of the State of Minnesota and that United States Fidelity and Guaranty Company n a corporation duly org mized under the laws of the State at Mary] aid rid that Fidelity and Guaranty Insurance Company is a corporation duly organized undu the law+ of the State of lows and that Fidelity and Guaranty lisLu Inn Unduwuters Inc n a epipomtion duly organized under the laws of the State of Wisconsin (herein tallechvely tailed the Companies ) rid that the Comp Imes do hereby make constitute Ind] appoint Donal Boley, Steve Deal and Stacl Gross Wichita Falls Texas of the City of State then true and lawlul Auornoy(+) In Fact each an their separate capacity it more than one n named above to sign its name as surety to and to exLcUte seal and Icknowledge any and all bond, undert ikutlp contracts and other written instruments In the nature thereof on behalf of the Compaanes in their business of guaranteomg the tidelity of persons guaranlecml, the performanw of wnuact� and executing or guaranteeing bonds and undertakmgs rp(tred or p�lnntcd in any actions or proceedings allowed by law S�lst December 1999 IN WITNESS WHEREOF the Companies have caused this mstrumegtcrylPb Si e�. �qa sealedtlh�tt day at -- vb � ^W� Seaboard Surety Company Yt�, �kpnited Stales Fidelity and Guaranty Complain, St Paul Fire and Marine Ins r, Coin s -tk Fidelity and Guaranty Insurance Company St Paul Guardian Insurapar ' Fidelity and Guaranty Insurance Underwriters, Inc 9t Pau.-.---, Insurance o� StaflY 1 6 OEM IMf4y p� ",44 ♦ o f pnronss NWRPoPAIfD IOHN r PHINNCY V,,, Pn.+nlua 'y EAL f�38AL�R 1a86 .p 1977 is ,xs` 'AIa4'" pa AA,.I1 ll R C' State of Maryland MICHAPLR MCKIRBCN A»nun Seuwry City of B dumore this _ 1st day m of December 1999 betole e the undel+ignul offlcu Pcnonally ippeaILd John I Phuulcy and Mich iel R McKibben, who acknowledged themselves to be the Vice President and Assistant SCLl etary Icspu,tively of Seaboard Surety Company St Plot Fuc old Marne Insurance Company St Paul Guardian Insurance Company St Paul Mercury lnsmanLL Company Unn,d States Fidelity and Guar anty Company F ldut nd Guiranty Iowrsnce Company and Fidelity and Guaranty Insurance Underwriters Inc and that the seats Afixed to the forcgoanb ❑ramment are the COIPolatc +c d+ of said Comp cues and that they as such being authorized so to do executed the foregoing instrument for the purposes thueui contamod by +Ignmg tho n uric+ of the corpor coons by thcros@Ives as duly authorized officers In Witness Whereof,l hereunto set my hand and official seal a POBIIo �r MyComml++Ion expires the 13th day of July 2002 �qF eltV RhRICCAIASLCYONOKAfA Nuiav Pahhc 86203 Rev 11 99 Printed in U S A •• That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought The inclusion of more than one insured shall not operate to increase the insurer's limit of liability • All policies shall be endorsed to rEad: ,,SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED" • Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences ansing 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 R1 000 On(1 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 (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 P,1 000,00 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 mimmum 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 apse 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 carves 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 Budding 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 carvers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets B The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all employees of the Contractor providing services on the project, for the duration of the project C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract D If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended E The contractor shall obtain from each person providing services on a project, and provide to the governmental entity (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project, and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter G The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project H The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage The contractor shall contractually require each person with whom it contracts to provide services on a project, to (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all of its employees providing services on the project, for the duration of the project, (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project, (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person with whom it contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project, and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services 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 fried 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 2560— Amarillo St Sidewalk - CONTRACT & INS 10 -00 BID SUMMARY TOTAL BID PR/ICE IN WORDS ° � � 1,m) o o vS/' v b U/O /(N D%LE ti 7h� /� 7 y ' �°l 41e A) �r7 Y' N� CLz NTS In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and o guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final Unit and lump sum prices as shown for each item listed in this proposal, shall control over extensions SENECA CONTRACTING CORPORATION CONTRACTOR BY A./" , HARRY M LOTHRIDGE - PRESIDENT P 0 BOX 1470 2513 EAST MCKINNEY Street Address DENTON, TX 76202-1470 City and State Seal & Authorization (If a Corporation) (940) 565-1147 FAX (940) 382-0950 Telephone Im r,, arlllo Sidewalk Work Days 15 Bid NO 2560 BID TABULATION SHEET PO No unit race in w urw 411 1 SY $ z 5 / SY $ 10 2-7 { 8 3A-2 4" Concrete Sidewalk with Steel Fiber Unit Price In Words 8 3A-3 4" Concrete Ramp 18 SY $ O_ Sa / SY $ 8 3A-4 Unit Price In Words Concrete RampTreatment 5 SY $ J�J~ ` / SY $ �% SP-2 Unit Price In Words -- Concmc Cut 50 LF $ ITT LF 00 $ 25� — SP-39 Unit Price In Words Project Signs 1 I EA Is 300—/ EA $ 3� Unit Pnce In Words 817100 P 3 ,.,,,anllo Sidewalk Work Days 15 Bid No 2560 BID TABULATION SHEET PO No 8/2/00 P 4 SENEC Client 36 iy5 CERTIFICATE OF LIABILITY INSURANCE o9Eia j00 �A�TM THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRoourER AND CONFERS NO RIGHTS UPON THE CERTIFICATE Higginbotham &Assoc IncONLY gg HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR DBA Denton Insurance Center ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE P O Drawer C Denton, TX 76202 _ — _ _ INSUHER_A BITUMINOUS INSURANCE CO— INSURED Seneca Contracting Corporation INSURERB- P O BOX 1470 INSURER — Denton, TX 76202 INSURERD-- INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE WITH FOR THE POLICY RESPECT TO WHICH PERIOD INDICATED NOTWITHSTANDING THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT TERM OR CONDITION INSURANCE AFFORDED OF ANY CONTRACT OR OTHER BY THE POLICIES DESCRIBED HEREIN DOCUMENT IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH MAY POLICIES PERTAIN THE AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS — POLICY EFFECTIVE POLICY EXPIRATION LIMITS INSR TYPE OF INSURANCE POLICY NUMBER CLP3062013B 07/01/00 07/01/01 EACH OCCURRENCE $1, GOO, 000 A GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 1 O O'o O 0 X COMMERCIAL GENERAL LIABILITY lI --- MED EXP (Any one person) - $ 5,000 CLAIMS MADE a OCCUR - PERSONAL & ADV INJURY $1 , 0 O 0, O — — GENERAL AGGREGATE _ $2 , 0 0 M O O PRODUCTS COMP/OP AGG $2 LOGO OOO GEN LAGGREGATE LIMIT APPLIES PER POLICY PRO LOC CAP308918113 07/01/00 07/01/01 COMBINED SINGLE LIMIT $1 000,000 A AUTOMOBILE LIABILITY (Ea accident) r - ANY AUTO — -- — ALL OWNED AUTOS BODILY INJURY (Per Person) $ SCHEDULED AUTOS — X HIREDAUTOS BODILY INJURY (Peraccident) $ X NON OWNED AUTOS -- PROPERTY DAMAGE $ (Peraccident) AUTOONLY EAACCIDENT $ GARAGE LIABILITY EA ACC $ ANY AUTO OTHER THAN AUTO ONLY AGO $ A CUP2527034B 07/01/00 07/O1/O1 EACHoccuRRENCE $1 000, 000 _ AGGREGATE _ EXCESS LIABILITY X� OCCUR 7 CLAIMS MADE $1_�0 O O , 000 DEDUCTIBLE RETENTION $ W- 07/O1/00 07/O1/01 WC STATU OTH TORYLIMI -Eft A WORKERS COMPENSATIONAN. EMPLOYERS LIABILITY - ---- -- Ni $ SOO,-GOO — _— EL DISEASE EAEMPLOYEE $- 5001000 E L DISEASE POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATION LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE Bid 2560 Amarillo Street Sidewalk to Read Policies shall not be Cancelled, Cancellation Clause is amended Nonrenewed Or Materially Changed Without 30 Days Advanced Written Notice Being Given To The City of Denton, Texas Except When The Policy Is Being (See Attached Descriptions) City of Denton, Texas 901-B Texas Street Denton, TX 76201 SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30DAYSWRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT BUT FAILURE TO DO$0 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR 25-S(7/e7)1 of 3 #S50076 8187 MYA Q 1888 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(7/97)2 of 3 #S50076/M48187 DESCRIPTIONS (Continued from Page 1) Cancelled For Nonpayment of Premium In Which Case 10 Days Advance Written Notice Is Required All Policies Except the Worker's Compensation are amended to include the City of Denton, its Officials, Agents, Employees and Volunteers as Additional Insured Insurance is primary to any other insurance available to the City of Denton 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 The Workers' Compensation Policy included a Waiver of Subrogation in favor of the City of Denton, its officials, agents, employees and volunteers AMS 25 3 (07/97) 3 of 3 #S50076 M48187