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Home My WebLink About1999-231ORDINANCE NO jj—,�q3 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF SIDEWALKS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2368 — BELL AVENUE, KINGS ROW AND DALLAS DRIVE SIDEWALKS, AWARDED TO FLOYD SMITH CONCRETE, INC IN THE AMOUNT OF $162,029 65) 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 2368 FLOYD SMITH CONCRETE, INC $162,029 65 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 PASSED AND APPROVED this the � day of 1999 JAC D LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BID 2368 - CONTRACTUAL ORD ATTACHMENT 1 TABULATION SHEET Bid # 2368 DATE 6-3-99 BELL AVE. KINGS ROW. DALLAS DR SIDEWALK No DES RIRTION VENDOR VENDOR VENDOR VENDOR VENDOR FLOYD DBR ED WILSON SENECA CREATIVE 4 SMITH CONST TOTAL $162,029.65 $165,381 50 $191,425 25 $194,002 00 $657,498 14 1 _CD pq - CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 20 day of JULY A D., 1999, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through MICHAEL W. JEZ, City Manager, thereunto duly authorized so to do, hereinafter termed "OWNER," and FLOYD SMITH CONCRETE. INC a P.O. BOX 1781 DENTON. TEXAS 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 # 2368 - BELL AVENUE, KINGS ROW, DALLAS DRIVE. SIDEWALKS in the amount of $162,029.65 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 attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in CA - 1 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 ENGINEERING DEPARTMENT all of which are 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 Indermu ication 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, mvitees, 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 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written ATTEST ATTEST; �..► ►Ke I Ilky. ►'. .t+, /M.., s /� (SEAL) Flo u d sam-�/ Coxe�y�� 1,iC CONTRACTOR IO dox/10l 7� -16 zoz MAILING ADDRESS g4(o PHONE NUMBER o • FAX :;' BY ,�/ !� ,►1i,� Frond S7nir PRINTEb NAME (SEAL) PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That FLOYD SMITH CONCRETE, INC , whose address is P.O BOX 1781, DENTON, TX 76202, hereinafter called Principal, and01V1Va;5;vC S ,-T4 CF f}—Q/G/9 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 ONE HUNDRED SIXTY TWO THOUSAND TWENTY NINE AND 651100 DOLLARS ($162,029 65) 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 99-231, with the City of Denton, the Owner, dated the 20 day of July A.D 1999, a copy of which is hereto attached and made a part hereof, for BID # 2368 - BELL AVENUE, KINGS ROW, DALLAS DRIVE SIDEWALKS NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the Principal � shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of 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 retrain in full force and effect PB-1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall he 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 20 day of JULY 1999 ATTEST PRINCIPAL SECRETARY BY —� IMEN! .. ATTEST; SURETY i- SGc . T mE,eiC� BY BY y �Y%Lelti ATTORN Y-IN FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME , Kl9/)1�✓ q- rIVC-y 7 2S STREET ADDRESS S30 S J-J4- S& A Jelyi oty, Lc 7Ywao.r (NOTE Date of Per Bond must be date of Contract If Resident Agent is not a corporation, give a person's name) PB-2 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That FLOYD SMITH CONCRETE, INC., whose address is P.O. BOX 1781, DENTON, TX 76202,hereinafter called Principal, and L , a corporation organized and existing under the laws of fhe 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 ONE HUNDRED SIXTY TWO THOUSAND TWENTY NINE AND 65/100 DOLLARS ($162,029.65) 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, admuustrators, 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 99-231, with the City of Denton, the Owner, dated the 20 day of JULY A.D. 1999, a copy of which is hereto attached and made a part hereof, for BID # 2368 - BELL AVENUE, KINGS ROW, DALLAS DRIVE SIDEWALKS. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void, otherwise it shall remain in full force and effect PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas 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 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 to 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 20 day of JULY 1999. ATTEST PRINCIPAL j PRESMEN/I SECRETARY BY t, ATTEST SURETY iIJE 1a fik 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 NAME STREET ADDRESS S3D S QS <&, fi, 1E-/yaN, T- 7",95 (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person's name ) 2368 CONTRACT & BONDS & INSURANCE .M 1 07/28/99 09 20 5 02/02 No 706 UNIVERSAL SURETY OF AMERICA GENERAL POWER OF ATTORNEY CERTIFIED COPY 20000333y Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organnaed and existing under +he laws of the State of Texd v, and hawnt its v-mcival oM,e m Nuun of Texaa, dn,a by fbost , reasnts male constitute and appoint Cathy Miller its true and lawful Attornay(s) in Fact, with Atli power and authority hereby conferred in its name, place and stead to execute, acknowledge and deliver bonds for Priampal; Floyd Smith Concrete, Inc Obligee City of Denton, TX Amcuat,S162,029 65 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and conflmmng all that the said Attoraay(s) is Fact may do within the above stated limitations Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety or America at a meeting hold on tha I Ith day of July 1984 "Be It Resolved, that the President, and any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or mesa suitable persons as Attorney(e) in Fact to represent and set for and on behalf of the Company " "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimile to any power of attorney of the corporation, and that such printed facsimile signature and seal &hall be valid and binding upon the corporation " In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President, Jack McReynolds and its corporate said to be bereto affixed this 2nd day of January, AD , 1998 UNIVERSAL SURETYO RICA TtxN Jaak ids President State of Texas as County of Harris On tbis 2nd day of January, in the year of LOSS, before me Estela Lama, a notary pubhq personally appeared Jack McReynolds, personally known to be the person who executed the within instrument as President, oa behalf of the corporation therein named and acknowledged to me that the corporation executed it I the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney to still in affect GIVEN under my hand and the seal of said company, at Houston, Texas, this 28th day of July Asaistant Secretary 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 of Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers •• That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought The inclusion of more than one insured shall not operate to increase the insurer's limit of liability • All policies shall be endorsed to read "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE IO DAYS ADVANCE WRITTEN NOTICE IS REQUIRED" • Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted lxl A General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000 shall be provided and maintained by the Contractor The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies If the Commercial General Liability form (ISO Form CG 0001 current edition) is used • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage • Coverage B shall include personal injury • Coverage C, medical payments, is not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (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 $1,000,000 either in a single policy or in a combination of basic and umbrella or excess policies The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract Satisfaction of the above requirement shall be in the form of a policy endorsement for • any auto, or • all owned, hired and non -owned autos [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured For building or construction projects, the Contractor shall comply with the provisions of Attachment I in accordance with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all tunes during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building Limits of not less than each occurrence are required [] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications ATTACHMENT1 [xl 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 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 01 1(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 01 1(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 protect, (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 protect, 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 protect, (5) retain all required certificates of coverage on file for the duration of the protect 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 protect, 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 protect will be covered by workers' compensation coverage for the duration of the protect, 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 SUMMARY TOTAL BID PRICE IN WORDS One hundred sixty two thousand twenty nine and 65/100 dollars 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 to 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. Ftoyd Smkth Concae.te Inc role i A/ W;'7201' F .,,/_,'owww, - .,, P 0 Box 1781 Street Address Denton, TX 76202 City and State Seal & Authorization (If a Corporation) 940-565-0114 Telephone B - 1 PROJECT Bell Avenue Sidewalk Kings Row Sidewalk Dallas Drive Sidewalk TOTAL BID SUMMARY WORK DAYS 15 12 28 1,301 $ 60,103.70 $ 39,918.05 $ 62,007.90 $ 162,029.65 All items accepted above will be awarded to one contractor Work days will be kept separately for each item listed above The award of the bid shall be based on Items 1, 2, and 3 above Total work days will be the sum of all sections of the bid awarded ME BELL AVENUE SIDEWALK BID TABULATION SHEET Work Days 15 Bid No o73lyb PO No Item Description Quantity Unit I Unit Price Total 121 Contractors Warranties and Understandings - LS $ 815.00 /LS $ 815.00 Unit Price In Words Ez t hundred fifteen and 00/100 collars 3-A Remove Concrete Curb & Gutter 192 LF $ 6.00 /LF $ 1 152 00 Unit Price In Words Six and 00 100 dollars 3-B Rertiove Concrete Drives & Walks 159 SY $ 16.20 /SY $ 22575.80 Unit Price In Words aixteen un,. 20/100 dollars 3-1) Remove Concrete Pad 5 1 SY $ 16.20 /SY I $ 81.00 Unit Pnce In Words Sixteen and 20/100 dollars 3 1 Preparation of Right of Way - LS $ 500.00 /LS $ 500.00 Unit Price In Words Five hundred and 00 100 dollars 33 Unclassified Excavation 1 151 1 CY $ 10.00 /Cy $ 1,510 00 Unit Price In Words Ten and 00/100 dollars 3 7 Compacted Fill 1 76 CY $ 20.00 /CY $ 1,520.00 Uni Pnce In Words Wenty and 00/100 dollars 3 9 Sod 590 �YF $ 7.50 /LF $ 4,425.00 Unit Pnce In Words Seven and 50/100 dollars 3 107 Hydromulch 1 89 1 SY $ 6.50 /SY $ 578.50 Unit Price In Words Six and 50/100 dollars 3 12 Tergporary Erosion Control - LS $ 250.00 /LS $ 250.00 Unit Price In Words Two hundred f if ty and 00/100 dollars 57 Asphalt Patch (2" - Type D) 1 I Ton Is 75.00 /To $ 75.00 Unit Price In Words Seventy five and 00/100 dollars 7 4 5-A Class A Concrete- Sidewalk Toe Wall 1 10 1 CY Is 365.00 Uni Pnce In Words 'Three hundred sixty five and 00 100 dollars 8 1 Barricades, Warning Signs and Detours LS $ 500.00 /LS $ 500.00 Um Pnce In Words Five hundred and 00/100 dollars 2/8/99 P 3 BELL AVENUE SIDEWALK BID TABULATION SHEET Work Days Bid No P O No Item Description Quantity I Unit I Unit Price I Total 8 3 Drtt!eway 6" 159 1 SY $ 31.50/SY $ 5,008.50 Unix Pnce In Words 'thirty one and 50/100 dollars 8 3A 4" Concrete Sidewalk 1 876 1 Sy $ 31.05/Sy $ 27,199.80 Umt Pnce In Words Thirq one and 05/100 dollars 812 Hanail 1 200 LF $ 30.00/Lg $ 62000.00 Unit Pnce In Words 'shirty and 00/100 dollars SP-2 Concrete Saw Cut 1 531 1 LF $ 3.00/Lg $ 19593.00 UmtPnce In Words Three and 00/100 dollars SP-27 Adjust Sernce Lines 1 7 1 EA $ 250.00/EA $ 1,750.00 Unit Pnce In Words Two hundred fifty and 00/100 dollars SP-31-A I Remforcmg Steel - Sidewalk Toe Wall 1 67 1 LB $ .30/LB 1 $ 20.1 UmtPnce In Words ------30/100 dollars SP-37 Excavation Protection 1 10 1 LF $ -0- /LF $ -0- Unit Pnce In Words NA SP-39 Project Signs I 1 I EA $ 400.0q UmtPnceIn Words Four hundred and 00/100 dollars SP-45 Miscellaneous Spnnkler System Adjustment I I LS $ 500.00'LS 1 $ 500.0 Unit Pnce In Words Five hundred and 00/100 dollars Is Is Is Is Is Is Is Is TOTAL(Sixty thousand one hundred three & 70/100 dollars) $60 103.70 2/8/99 P 4 KINGS ROW SIDEWALK BID TABULATION SHEET Work Days Bid No PO No Item IDescription I Quantity I Unit I Unit Price I Total 121 Co tractors Warranties and Understandings LS $ 551.00/LS 1 $ 551.00 Um Pnce In Words Five hundred fifty one and 00/100 dollars 3-A Remove Concrete Curb & Gutter 1 80 1 LF $ 6.00/LF 1 $ 480.00 Unit Pnce In Words Six and 00/100 dollars 3-C Remove Concrete Steps 1 EA $ 25.00/EA $ 25.00 Unit Price In Words TwentM five and 00 100 dollars 3 1 Prearation of Right of Way LS Is 500.00/LS 1 $ 500.00 UmtPnceIn Words Five hundred and 00/100 dollars 33 Unclassified Excavation 1 125 1 CY $ 10.00/Cy $ 1,250.00 UmtPnceIn Words Ten and 00/100 dollars 3 7 Compacted Fill 30 1 CY $ 20.00/CY $ 600.0 UmtPnceIn Words Twenty and 00/100 dollars 39 Sod 614 1 LF $ 7.50/LF 1 $ 4,605.00 UmtPnceIn Words Seven and 50/100 dollars 3 107 Hydromulch 142 1 Sy $ 6.50/SY 1 $ 923.0 Unit Pnce In Words Six and 50/100 dollars 3 12 Terxrporary Erosion Control LS $ 250.00/LS 1 $ 250.00 Unit Pnce In Words Two hundred fifty and 00/100 dollars 8 1 Barricades, Warning Signs and Detours LS $ 500.00/LS 1 $ 500.0 UmtPrice In Words Five hundred and 00/100 dollars 83 Dnveway 6" 1 45 1 SY $ 31.50/Sy $ 1,417.5 UmtPnceIn Words Thirty one and 50/100 dollars 8 3A 4" Concrete Sidewalk 1 751 SY $ 31.05/Sy $ 23, 318.5 UmtPnceIn Words 'Thirty one and 05/100 dollars P5 KINGS ROW SIDEWALK BID TABULATION SHEET Work Days Bid No PO No Item Description I Quantity Unit Unit Price I Total SP-2 Concrete Saw Cut 1 116 1 LF $ 3.00/LF 1 $ 348.0 Umt Pnce In Words 'three and 00/100 dollars SP-27 Adjust Service Lines 17 EA $ 250.00/F $ 4,250.0( UmtPnceIn Words Wo hundred fifty and 00/100 dollars SP-39 Project Signs 1 1 EA $ 400.0gg;A $ 400.0 UmtPnceIn Words Four hundred and 00/100 dollars SP-45 Miscellaneous Sprinkler System Adjustment LS $ 500.00'LS I $ 500. Unit Pnce In Words Five hundred and 00/100 dollars Is $ Is $ Is $ E I I Is $ TOTAL (Thi.rty nine thousand nine hundred eighteen & 05/100 dollars) $ 39,918.05 IM DALLAS DRIVE SIDEWALK BID TABULATION SHEET Work Days Bid No c !k PO No Item Description I Quantity I Unit I Unit Price I Total 121 Contractors Warranties and Understandings I - I LS $ &37•00/LS 1 $ 837.00 Unit Price In Words Eight hundred thirty seven and 00/100 dollars 2 13 Flex Base (6") 6 1 SY $ 20.00/SY $ 120.00 Unit Pnce In Words Twenty and 00/100 dollars 3-A Remove Concrete Curb & Gutter 1 150 1 LF $ 6.00/LF 1 $ 900.00 Unit Price In Words Six and 00/100 dollars 3-B Remove Concrete Driveways I 25 I SY $ 16.20/Sy $ 405.00 Unit Price In Words Sixteen and 20/100 dollars 3-F Remove Concrete Median 1 11 1 SY $ 16.20/SY $ 178.20 Unit Price In Words Sixteen and 20/100 dollars 3-G Remove Concrete - Other 20 SY $ 18.00/SY $ 360.00 Unit Price In Words Eliahteen and 00/100 dollars 3 1 Preparation of Right of Way LS $ 500.00/LS 1 $ 500.00 Unit Price In Words Five hundred and 00/100 dollars 3 9 Sod 652_Y20 I SY $ 7.50/Sy $ 4,890.00 Unit Price In Words Seven and 50/100 dollars 3 107 llydromulch 1 641 SY $ 3.00/SY $ 1,923.00 Unit Pnce In Words Three and 00/100 dollars 3 12 Temporary Erosion Control I LS $ 250.00/LS $ 250.00 Unit Price In Words Two hundred fifty and 00/100 dollars 57 Asphalt Patch (2" - Type D) 43 Ton $ 75.00/To $ 39225.00 Unit Price In Words Seventy five and 00/100 dollars 7 4 5-A Class A Concrete- Sidewalk Retaining Wall 0 CY $ -0- /CY $ -0- Unit Price In Words NA 8 1 Bamcades, Warning Signs and Detouis I LS $ 750.OWLS $ 750.00 Umt Pnce In Words Seven hudnred fifty and 00/100 dollars 83 Concrete Driveway 6" 41 1 SY $ 31.50/Sy 1 $ 1,291.50 Unit Price In Words Thirty one and 50/100 dollars 4/30/99 P 7 DALLAS DRIVE SIDEWALK BID TABULATION SHEET Work Days Bid No PO No Item Description I Quantity I Unit I Unit Price I Total 8 3A-1 4" Concrete Sidewalk 1 1164 1 SY $ 31.05 /SY $36,142.20 Unit Price In Words Thirty one and 05/100 dollars 8 3A-2 6" Concrete Sidewalk 166 SY $ 31.50 /Sy $ 5,229.00 Unit Price In Words Thir Ly one and 50/100 dollars SP-2 Concrete Saw Cut 1 364 1 LF $ 3.00 /LF $ 1,092.00 Unit Pnce In Words Three and 00/100 dollars SP-27 Adjust Service Lines 1 EA $ 250.00 /EA $ 250.00 Unit Price In Words Two hundred fifty and 00/100 dollars SP-31-A I Reinforcing Steel - Sidewalk Retaining Wall 1 260 1 LB $ .30 /LB 1 $ 78.00 Unit Pnce In Words ---- 30 100 dollars SP-39 Tproject Signs 1 I EA $ 400.00/EA $ 400 00 Unit Price In Words Four hundred and 00/100 dollars SP-43 Asphalt Saw Cut 1238 1 LF $ 1 50/LF $ 1,857 00 Unit Pnce In Words One and 50 100 dollars SP-45 Miscellaneous Sprinkler System Adjustment LS $ 500.00/LS 1 $ 500.00 Unit Price In Words Film buildred and 00/100 dollars 3.3 Unclassified Excavation 1 79 1 CY $ 10.00/LF $ 790.00 Unit Price In Words Ten and 00/100 dollars 3.7 Compacted Fill 2 1 CY $ 20.00 $ 40.00 Un t Price in Words Twenty and 00/100 dollars Is Is Is $ TOTAL(sixty two thousand seven & 90/100 dollars) $62,007 90 4/30/99 P 8 - - -1. --...... -, .. - - • •- -- - -- -- -- - - - „ -, PRODUCER (940)382-9691 FAX (940)243-1050 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ramey & King Insurance Y g HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 830 South I-35E, Suite A ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Denton, TX 76205-7829 COMPANIES AFFORDING COVERAGE Bituminous COMPANY Attn Ext A INSURED Floyd Smith Concrete, Inc COMPANY Texas Work Comp Ins Fund P o Box 1781 Denton TX 76201 COMPANY C COMPANY D CGVERAGES THIS IS TO CERTIFY THAT 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MMIDDIYY) DATE(MMIDDIYY) GENERAL LIABILITY GENERAL AGGREGATE S 2,000,000 X COMMERCAL�ENERALLIABILITY PRODUCTS COMPIOPAGG S 2,000,000 A CLAIM, Ar)E X 01-UP CLP3044054 09/28/1998 09/28/1999 PERSONAL &ADV INJURY S 1,000,000 OWNER S& CnNTRACTOR S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) S 50,000 MED EXP (Any one person) S 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per Person) HIRED AUTOS BODILY INJURY S NON OWNED AUTOS (Pee,oenq (Per PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY EA ACCIDENT S ANY AUTn OTHER THAN AUTO ONLY EACH ACCIDENT S AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA P�PM AGGREGATE $ OTHER THAR � iMBRELLA FORM S WORKERS COMPENSATION AND X TORY LIMITS ER EMPLOYERS LIABILITY B TSF0001082227 EL EACH ACCIDENT S 100,000 09/28/1998 09/28/1999 THE PROPRIETOR, INCL ELDISEASE POUCYLIMIT S 500,000 PARTNERS,EXECUTIVE OFFICERS ARE EXCL EL DISEASE EA EMPLOYEE S 100,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS ITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED Bid 2368 - Bell Avenue, Kings Row, Dallas Drive, Sidewalks CERTIFICATE HOLDER CANOWATI109 Said olicy shall not be cancelled, renewed, or mate changed without SO days advance w _ ten no ice bet g 4 n to the Ow-er, except heu the p licy is bejn c"c�lled for non- CITV OF DENTON payment o prxmium, in hich case 10 days advance w ltten no)(&96 is required 901E TEXAS STREET AUTHORREDR RESEN VE DENTON, TX 76201 Rame 1 I r ACORD 2&S (1156) CIACORO CORPORATION In Jul-28-99 10 37A ALLSTATE INS-HOLT AGCY 940 566 5942 P.Ol GkRTIFICATEOF INSURANCE 0 ALLSTATE INSURANCE COMPANY ® ALLSTATE INDEMNITY COMPANY ❑ ALLSTATE TEXAS LLOYD'S THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFI CATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW _ CERTIFICATE HOLDER NAMEDINSURED Name and Addre eol Pert o, Whom this Certificate is lssuad _hams and Address of insured _ CITY OF DENTON FLOYD SMITH PURCHASING DEPT PO BOX 1781 ATTN DENISE HARPOOL DENTON TX 76231 FKX—(940)349-7302 This Is to certify that policies of Insurance listed below have been Issued to the Insured named above subject to the expiration date Indicated below, nolwithstandln0 any requirement, term or condition of any contract or other document with respnol to which this certificate may be Issued or may pertain The Insurance afforded by the policies described herein Is subject to all the terms, exoluslors, and conditions of such policies TYPE OF INSURANCE AND LIMITS COMMERCIAL GENERAL LIABILITY Policy Effective Expiration _ Number Date Date _ Limit _Amount GENERAL AOORFGATE LIMIT Olhar than Products—Complefill orations PRODUCTS — COMPLETED OPERATIONS AGGREGATE LIMIT_ EAPERSONAL AND ADVERTISING INJURY LIMIT $ _ CH OCCURRENC LIMIT _ _ _ $ Coverage_ EMPLOYERS' LIABILITY AUTOMOBILE LIABILITY 8 Policy Effective Et Number Date _ —_ OI STATUTORY — Oppliesonlvinthefollowin ep tales BODILY INJURY BY ACCIDENT s BODILY INJURY BY DISEASE EACH ACCIDENT EACH EMPLOYEE POLICY LIMIT Effective Expiration i59731 Date _(V>/11 /99 Date O6 11 00 _ LttAila_ _ _ Combined Single Limit of Liability _ BODILY INJURY 6 PROPERTY DAMASE �I,SjOQ. DUO, EACH ACCIDENT ____ III liability Llmlb _— SppIN InJur�_ — _f'—proporlif Boom Each _ j _ ••, +sW `1 "JAi�!a r�4c, dt w.w PERSON r)OWNEO AUTOS OTHER THAN PRIVATE PASSENGER _ ti ACC UMBRELLA LIABILITY Policy Ef" tivr Expiration _ Number Datc Date _ EACH OCCURRENCE GENERALAGOREGATE T PRODUCTS —COMPLETED OPERRA Policy Number Coverage Basle _ LJANYAUTO IN OWNED AUTOS C7(HIREDAUTOS MSPECIFIEUOTOS M NON OWNED AUTOS LJOWNEO PRIVATE PASSENGER AUTOS OTHER jShow Policy Effective type Of Policy) Number Dale e�Mrt_'wo ol DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESfRESTRICTIONSISPECIAL ITEMS (SEE ATTACHED) CANCELLATION Number of days notice FOR ANY REASON OTHER THAN NONPAY07/27/99 (10 DAYS NOTICE FOR ?PAYIW OF PREMIIM2 _dreg flap ok"I Ive ONle Shouldanyofthesbove eacribodpollcleabeoan oiled before the expiration date, the issuing company will endeavor to mail within the numbe,of days entered above, written notice to the certificate hold named bova khodaymithece MOM You're in WKsd hands. io Print trey Output Page L 1)/63SS1 V3R2M0 96051/ A0405345 01/27/99 11s48s36 Display Device s DRP21 User S300001 Insured FLOYD SMITH Pol N,� . 649599731 Phones ( 817 ) 565 - 0114 ++'ITEM LT9TING'" Agent 08 097821 Ins Line: AUTO-COMM 14 SEL YEAR MAKE/MODEL V1N 1 1999 FORD /EXPEDITION E 0365 2 1986 FORD /F1W FLATBED 3945 3 1981 FORD /FLATBED 41131 4 L991 FORD /250 XI.T 4446 5 1992 FORD TRUCK/F250 8972 Vehicle Selection (ENTER) CONTINUE To Search:Enter Last 4 Digits of Vin- 1AST (F1) HETP (F3) QUIT (1,4) BACK SCRFEN G52 T