1998-357 O OINANCENO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE RENOVATION OF DENTON CENT STATION, PROVIDING FOR THE
EXPEND~TLrRE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID #
2280 DEiNTON FIRE STATION RENOVATION AWARDED TO MERITT CONSTRUCTION,
1NC IN THE AMOUNT OF $253,096 83)
Wi-IEREAS, the City has sohc~.ted, received and tabulated competitive bids for the purchase
of necessary matenals, eqrupment, supplies or semaces in accordance with the procedures of STATE
law and City ordinances, and
WI-IEREAS, the City Manager or a designated employee has reviewed and recommended
that the h~rmn described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore, and
WHEREAS, the City Council has prowded in the City Budget for the appropriation of funds
to be used for the purchase of the matenals, equipment, supplies or services approved and accepted
herein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive bids for materials, equipment, supplies, or
services, descmbed in the "Bid Proposals" on file in the office of City's Purchasing Agent filed
according, to the bid number assigned hereto, are hereby accepted and approved as being the lowest
responsible b~ds for such ~tems
BID ITEM
NUMBER NO CONTRACTOR AMOUNT
2280 ALL MERITT CONSTRUCTION, INC $253,096.83
SECTION II That the acceptance and approval of the above competitive bids, the City
accepts ~e offer of the persons submitting the bids for such items and agrees to purchase the
matenals~ equipment, supplies or services in accordance with the terms, specifications, standards,
quantities and for the specified sums contmned m the Bid Invitations, Bid Proposals, and related
documents
~ That the City and persons submitting approved and accepted items and of the
submitted bids wish to enter mto a formal written agreement as a result of the acceptance, approval,
and awarchng of the bids, the City Manager or his designated representative is hereby authorized to
execute the written contracts which shall be attached hereto, provided that the written contract is in
accordance with the terms, conditions, specifications, standards, quantities and specified sums
cuntalned in the Bid Proposal and related documents herein approved and accepted
SECTION ~ That by the acceptance and approval of the above competmve bads, the City
Council hereby anthonzes the expenditure of funds therefor in the amount and in accordance with
the approved bids or pursuant to a written contract made pursuant thereto as authorized herein
SECTION V That flus ordinance shall become effective immediately upon its passage and
approval
JAC~I~LLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2280 RENOVATION FIRE STATION CONTRACT ORDINANCE
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 3 day of NOVEMBER A.D.,
1998, by and between CITY OF DENTON of the County of DENTON and State of Texas,
actmg through MICHAEL W. JEZ, City Manager, thereunto duly anthor~zed so to do,
hereinafter termed "OWNER," and
MERITT CONSTRUCTION, INC.
P~O. BOX 1481
DENTON, TX 76202
of the City of DENTON County of DENTON and State of TEXAS, hereinafter termed
"CONTRACTOR"
WITNESSETH That for and m consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under thc condmons
expressed m the bonds attached hereto, CONTRACTOR hereby agrees w~th OWNER to
commence and complete performance of the work specified below
BID #2280 - DENTON FIRE STATION RENOVATION
m the amount of $253,096.83 and all extra work in connection therewith, under the
terms as stated m the General Conditions of the agreement, and at his (or their) own proper
cost and expense to furmsh all materials, supplies, machinery, eqmpment, tools,
supermtendence, labor, insurance, and other accessories and services necessary to complete the
work spectfied above, m accordance w~th the conditions and prices stated m the Proposal
attached hereto, and m accordance w~th all the General Condmons of the Agreement, the
Special Conditions, the Not~ce to B~dders (Advertisement for Bids), Instructions to B~dders,
and the Performance and Payment Bonds, all attached hereto, and in accordance w~th the
CA- 1
plans, winch includes all maps, plats, blueprmts, and other drawings and printed or wrmen
explanatory matter thereof, and the Speclficat~o~ therefore, as prepared by
BINKLEY & BARFIELD, INC.
all of winch are made a part hereof and collectively evidence and constitute the enure contract
Independent Status
It ~s mutually understood and agreed by and between City and Contractor that
Contractor ~s 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, w~thholdmg, social
security taxes, vacataon or sick leave benefits, worker's compensation, or any other C~ty
employee benefit City shall not have supervision and control of Contractor or any employee
of Contractor, and ~t ~s expressly understood that Contractor shall perform the services
hereunder according to the attached speclficauons at the general d~rectlon of the C~ty Manager
of the Cxty of Denton, Texas, or Ins desxgnee under tins agreement
Indemnification
Contractor shall and does hereby agree to indemnify and hold harmless the C~ty of
Denton from any and all damages, loss, or habthty of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or neghgent act of Contractor,
~ts officers, agents, employees, mwtees, and other persons for whom ~t ~s legally lmble, w~th
regard to the performance of tins Agreement, and Contractor will, at ~ts cost and expense,
defend and protect the C~ty of Denton against any and all such clatms and demands
Choice of Law and Venue
Tim agreement shall be governed by the law of the State of Texas and venue for xts
construction and enforcement shall he m the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date estabhshed
for the start of work as set forth m written notice to commence work and complete all work
w~thm the tune stated m the Proposal, subject to such extensions of tune as are prowded by the
General and Special Conditions
The OWNER agrees to pay the CONTRACTOR m current funds the prtce or prices
shown m the Proposal, winch forms a part of tins contract, such payments to be subject to the
General and Specml Condxt~ons of the Contract
CA - 2
IN WITNESS WHEREOF, the part~es 6f these presents have executed th~s agreement
m the year and day first above wrRten
(J (SEAL) fO
ATTEST
M]~RITT
CONSTRUCTION.
INC
CONTRACTOR
ING ADD.SS
PHONE NUMBER
FAX NUMBER
TITLE
APPROVED AS TO ~ /- PmNTED NAME
CITY ATTO~EY ~
CA - 3
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That MERITT CONSTRUCTION,
INC. whose address is P.O. BOX 1481, DENTON, TX 76202, hereinafter called Principal,
and~.~,~,.~s~-~.................~x~,~'---~x~w~~a , a corporation ore,razed and
existing under the laws of the State of ~n~ fully authorized to transact business m th
State of Texas, as Surety, are held and' fii~i~'~Fo'und unto the City of Denton, a mumclpal
corporation orgamzed and eXlstmg under the laws of the State of Texas, hereinafter called
Owner, m the penal sum of TWO HUNDRED FIFTY THREE THOUSAND NINETY SIX
AND 83/100 DOLLARS ($2~3,096.83) plus ten percent of the stated penal sum as an
additional sum of money representing addlUonal court expenses, attorneys' fees, and liquidated
damages arising out of or connected with the below identified Contract, in lawful money of the
Umted States, to be paid m Denton County, Texas, for the payment of which sum well and
truly to be made, we hereby bmd ourselves, our heirs, executors, admlmstrators, 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 mcreases the
Contract price, but m 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 condmoned as follows Whereas, the Principal
entered into a certain Contract, Identified by Ordinance Number 98-357, with the City of
Denton, the Owner, dated the 3 day of NOVEMBER A.D. 1998, a copy of which is hereto
attached and made a part hereof, for BID # 2280 - DENTON FIRE STATION
RENOVATION.
NOW, THEREFORE, If the Principal shall well, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, condmons and agreements of said Contract m
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 durmg 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 workwanghlp that
appear Wlthm a period of one (1) year from the date of fmal completion and final acceptance of
the Work by the Owner, and, if the Prmclpal shall fully indemnify and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
hereto and shall fully reLmburse and repay Owner all outlay and expense which the Owner may
recur m making good any default or deficiency, then this obligation shall be void, otherwise, it
shall remam m full force and effect
PB - 1
PROVIDED FURTHER, that if any legal acUon be filed upon this Bond, exclusive
venue shall he m Denton County, State of Texas
AND PROVIDED FURTHER, that the sa~d Surety, for value received, hereby
supulates and agrees that no change, extension of tune, alteration or addmon 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 m anywise affect ~ts obligation on this Bond,
and it does hereby wmve not~ce of any such change, extension of tune, alteration or addtt~on to
the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Spec~ficaUons, Drawings, etc
Tins Bond Is g~ven pursuant to the prows~ons of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undersigned and designated agent ~s hereby designated by the Surety hereto as the
ResMent Agent m Denton County to whom any reqms~te noUces may be dehvered and on
whom service of process may be had m matters arlsmg out of such suretyship, as provided by
ArUcle 7 19-1 of the Insurance Code, Vernon's Annotated C~vll Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument ~s executed m 4 cop~es, each one of winch
shall be deemed an ortgmal, th~s the 3 day of NOVEMBER 1998.
ATTEST PRINCIPAL
SECRETARY -' BY
PRESIDENT
ATTEST SURETY
~.TTORNEY-IN-FACT
The RasMent Agent of the Surety m Denton County, Texas for dehvery of noUce and serwce
of the process ~s
STREET ADDRESS
(NOTE Date of Performance Bond must be date of Contract If Restdent Agent ts not a
corporatton, gtve a person's name )
PB - 2
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That MERITT CONSTRUCTION,
INC., whose address is P.O. BOX 1481, DENTON, TX, 76202, hereinafter called Prmcipal,
and~x.o~.~'~X~v2xx['X~L-W~ ~e~sxx%~x4 , a corporation orgamzed and
existing under the laws of the State of~ ~'~g~and fully anthonzed to transact busmess m the
State of Texas, as Surety, are held a~d'Wn~ac~3~bound unto the City of Denton, a municipal
corporation orgamzed and existmg under the laws of the State of Texas, hereinafter called
Owner, and unto all persons, firms, and eo~orauons who may furmsh materials for, or
perform labor upon, the building or unprovements hereinafter referred to, in the penal sum of
TWO HUNDRE, D FIFTY TI1RIgI~ TIIOUSAND NINETY SIX 83/100 DOLLARS
($2~3,096.83) m lawful money of the Umted States, to be paid m Denton, County, Texas, for
the payment of winch sum well and truly to be made, we hereby bind ourselves, our he,rs,
executors, athmn~strators, successors, and assigns, jointly and severally, fu--mly by these
presents This Bond shall automatically be increased by the amount of any Change Order or
Supplemental Agreement winch 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 OBLIOATION TO PAY SAME is conditioned as follows Whereas, the Principal
entered into a certain Contract, identified by Ordmunce Number 98-357, with the City of
Denton, the Owner, dated the 3 day of NOVEMBER A.D. 1998, a copy of which Is hereto
attached and made a part hereof, for BID # 2280 DENTON FIRE STATION
RENOVATION.
NOW, THEREFORE, if the Prmclpal shall well, truly and faithfully perform its duties
and make prompt payment to all persons, firms, subcontractors, corporations and clannants
supplying labor and/or material m the prosecution of the Work provided for m 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 obhgatlon
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 m Denton County, Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of tune, alteration or addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawmgs, ete, accompanying the same, shall m anywise affect its obhgaUon on tins Bond,
and it does hereby waive notice of any such change, extension of tune, 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 L~ hereby designated by the Surety hereto as the
Resident Agent m Denton County to whom any requisite notices may be delivered and on
whom service of process may be had m matters arlsmg out of such suretyship, as provided by
Article ? 19-I of the Insurance Code, Vernon's Annotated Clvd Statutes of the State of Texas
IN WITNESS WHEREOF, this mstrnment is executed in 4 copies, each one of which
shall be deemed an original, this the 3 day of NOVEMBER, 1998.
ATTEST PRINCIPAL
PRESIDENT
ATTEST SURETY
ATTORNEY-IN-FACT
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
(NOTRE Date of Payment Bond must be date of Contract If Restdent Agent ts not a
corporatton, give a person's name )
CONTRACT & BONDS
PB - 4
POWER NUMBER 0000870558
This document ~s pnnted on white paper containing the artlficnd watermarked logo ( ~' ) of Amwest Surety Insurance Company on the front and brown secuniy paper
on the back Only unaltore~ originals of the Lm-atnd Power of Attorney ("POA") are valid Th~s POA may not ~ used ~n conJunctmn with any other POA No
representations or warrantle~ regarthng this POA may be made by any person Th~s POA ts gave'ned by the laws of the State of Nebraska and ~s only vahd untd thc
expiration date Amwest Surety Insurance Company and Far West Insurance Company (collectively the Company ) shall not be hable on any hrmted POA which is
fraudulently produced forged or otherwise &s~rlbuted without the perrmmon of the Company Any party concerned about the vahdlty of this POA or an accompanying
Company bend should call your local Amwest branch office at (972) 503-6925
KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company, a Nebraska corporation
(collecUvely the"Company ), do hereby make, const~iute and appoint
Vivfan Campbell
Gall A Barraza
Lannle Mc Claln
Beverly Hayes
Daniel D Waldorf
Nancy Ruano
As Employees of AMWEST SURETY INSURANCE CO
its true and [awful Attorney m-fact, with hrratnd power and authority for and on behalf of the Company as surety to execute deliver and affix the seal of the company there~o
Ifa seal is reqmred on bonds, undertakings, recogmzances, reinsurance agreement for a Miller Act or other performance bond or other wnttan obhgntmns In the nature thereof
as follows
All Bonds up to $2g,000,00000
and to brad the company thereby This appmntment is made under and by authority of the By Laws of the Company which are now in fall force and effect
I, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporatton and Far West Insurance Company, a Nebraska corporation, DO HEREBY
CERTIFY that tfus Power of Attorney remains tn full force and effect and has not been revoked and furthermore, that the resolutions of the Board of D~rectors of both Amwest
Surety Insurance Company and Far West Insurance Company set forth on th~s Power of Attorney, and that the relevant prowsmns of the By Laws of each company are now
~n full force and effect ~ ~
BondNo 1375730 Slgned&soalcdthls3I'd dayofNOVelIlbOE' 19 98 ~' KarenG Cohen, Secretary
* * * * * * * * * * * * * * * * * RESOLUTIONS OF THE BOARD OF DIRECTORS * * * * * * * * * * * * * * * * * * * * * * * * * * *
Th~s PeA Is s~gned and sealed by facsimile under and by the authorl~ of the follovnng resolutions adopted by the Board of Dtrectors of Amwest Surety Insurance Company
at a meeting duly held on December 15, 1975 and Far West Insurance Company at a meeting duly held on July 28 1983
RESOLVED that the Pr~mdent or any %ce President, In conjunction with the Seerctary or any Assistant Secretary, may appoint attorneys m fact or agents with
authority as defined or hrmtod m the instrument emdcncmg tho appamtrc~nt in each case, for and on behalf of the Company, to execute and dehver and affix the seal of the
Company to bonds, undertakings, recogmzances, and suretyship obhgnt~on$ of all kinds, and smd officers may remove any such attorney m fact or agent and revoke any PeA
prewously granted to such person
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obbgatlon shall be vahd and brad upon the Company
(1) when s~gned by the Prasldent or any Vice President and attested and sealed Of a seal be required) by any Secretary or Assistant Secretary or
00 when s~gned by the President or any %ce Presldant or Secretary or Assistant Secretary, and countersigned and sealed 0f a seal be reqmred) by a duly
authonze~ attorney in fact or agent, or
(m) when duly executed and sealed Of a seal be reqmrnd) by one or more attorneys m fact or agents pursuant to and withm the hm~ts of the author~W
ewdeneed by the pow~ of attorney ~ssued by the Company to such person or persons
RESOLVED FURTHER, that the signature of any authanzed officer and the seal of the Company may be affixed by facstmfle to any POA or certffieat~on thereof
authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obhgatmns of the Company and such slgnatare and seal when so used shall
have the same force and effe¢~ as though manually affixed
IN WITNESS WHEREOF Amwest Surety Insurance Company and Far West Insurance Company have caused these present to be signed by ~ts proper officers and ~ts
corporate seals to be hereunto affixed th, s 12th d~Deeember g
~ Karen O Cohen Secretary
State of Calfforma
County of Los Angeles
On December 12, 1997 before me Peggy B Lofion Notary Public, personally appeared John E Savage and Karen G Cohen personally known to me (or proved to me
on the hasls of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within *nstrument and acknowledged to me all that he/she/they executed the
same tn h~s/her/tbe~r authonzad capac~ty0es), and that by his/her/their signature(s) on the instrument the person(s) or the enuty upon behalf of which the parson(s) acted
W,TNESS my ~ and official seal !~ ~1~~ }
~ 'vv ,,*, ~,%~ ~/,', *,,
Insurance Requirements
Page 1
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention Is directed to the insurance requirements below It is
highly recommended that bidders confer w,th their respective insurance
carriers or brokers to determine in advance of Bid submission the availability
of insurance certificates end endorsements as prescr,bed and provided
herein If an apparent Iow bidder fails to comply strictly with the ~nsurance
requirements, that bidder may be dlequalif,ed from award of the contract
Upon bid award, all Insurance requirements shall become contractual
obligations, which the successful bidder shall have a duty to maintmn
throughout the course of this contract
STANDARD PROVISIONS:
W~thout hm,tlng any of the other obhgat~ons or hab~lmes 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 m~mmum
~nsurance coverage as ~ndlcated hereinafter
As soon as practicable after notification of bid award, Contractor shall file
w~th the Purchasing Department satisfactory certificates of ~nsurance,
containing the b~d number and t~tle 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
advmed to make such requests prior to bid opening, s~nce the ~nsurance
requirements may not be modified or waived after b~d opemng unless a
Whiten exception has been submitted w~th the bid Contractor shall not
commence any work or dehver any material until he or she receives
notification that the contract has been accepted, approved, and signed by
the City of Denton
All insurance pohc~es proposed or obtained ~n satisfaction of these
requirements shall comply with the following general specifications, and shall
be maintained m comphance with these general specifications throughout the
duration of the Contract, or longer, if so noted
· Each pohcy shall be msued by a company authorized to do
bus~ness ~n the State of Texas w~th an A M Best Company rating
of at least A
2280 INSURANCE
CI- 1
Insurance Requirements
Page 2
· Any deductibles or self-~nsured retentions shall be declared m the
bid proposal, If requested by the C~ty, the ~nsurer shall reduce or
ehm~nate such deductibles or self-~nsured retentions with respect
to the C~ty, ~ts officials, agents, employees and volunteers, or, the
contractor shall procure a bond guarantee,ng payment of losses
and related investigations, claim adm~mstratlon and defense
expenses
· L~ab~hty pohcms shall be endorsed to prowde the following
e· Name as additional insured the City of Denton, ~ts Off,c~als,
Agents, Employees and volunteers
ee That such insurance is primary to any other insurance
available to the addmonal ~nsured w~th respect to claims
covered under the pohcy and that th~s insurance apphes
separately to each ~nsured against whom claim is made or
su~t ~s brought The inclusion of more than one ~nsured shall
not operate to ~ncrease the insurer's hm~t of hab~hty
· All pohcms shall be endorsed to prowde thirty (30) days prior
written not,ce of cancellation, non-renewal or reduction ~n
coverage
· Should any of the required insurance be provided under a
claims-made form, Contractor shall maintain such coverage
continuously throughout the term of th~s contract and, w~thout
lapse, for a period of three years beyond the contract expiration,
such that occurrences ans~ng during the contract term which g~ve
rise to claims made after expiration of the contract shall be
covered.
· Should any of the required ~nsurance be prowded under a form of
coverage that ~ncludes a general annual aggregate hmlt prowdlng
for clmms investigation or legal defense costs to be ~ncluded m the
general annual aggregate hm~t, the Contractor shall e~ther double
the occurrence hmlts or obtain Owners and Contractors Protective
bab~hty Insurance
2280 INSURANCE
Cl- 2
Insurance Requirements
Page 3
· Should any required ~nsurance 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 th~s contract, effective as of
the lapse date If insurance ~s not reinstated, C~ty may, at ~ts sole
option, terminate this agreement effective on the date of the
lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All ~nsurance policies proposed or obtained ~n satmfact~on of th~s Contract
shall additionally comply w~th the following marked spemflcatlons, and shall
be maintained ~n compliance with these additional specifications throughout
the duration of the Contract, or longer, ~f so noted
[X] A General Liability Insurance
General L~ab~llty ~nsurance with combined s~ngle I~m~ts of not less
than 1.000.000 shall be prowded and maintained by the
Contractor The policy shall be written on an occurrence basis
either ~n a s~ngle policy or ~n a comb~natlon of underlying and
umbrella or excess pohcles
If the Commercial General L~ab~l~ty form (ISO Form CG 0001
current edition) ~s used
· Coverage A shall ~nclude premises, operations, products,
and completed operations, ~ndependent contractors,
contractual liability covering th~s contract and broad form
property damage coverage
· Coverage B shall include personal ~njury
· Coverage C, medical payments, ~s not required
If the Comprehensive General Lmb~hty form (ISO Form GL 0002
Current Ed,t~on and ISO Form GL 0404) ~s used, ~t shall ~nclude at
least
2280 INSURANCE
CI- 3
Insurance Requirements
Pa~e 4
· Bodily injury and Property Damage hablhty for premises,
operations, products and completed operations,
independent contractors and property damage resulting
from explos,on, collapse or underground (XCU) exposures
· Broad form contractual hablhty (preferably by endorsement)
covering this contract, personal ~njury hab~hty and broad
form property damage hab~hty
[X] Automobile Uabllity Insurance'
Contractor shall provide Commercml Automobile L~ablhty ~nsurance
w~th Combined Single Lim~ts (CSL) of not less than 500.000 e~ther
~n a s~ngle policy or in a combination of basic and umbrella or excess
pohcles The pohcy w~ll ~nclude bodily ~njury and property damage
hab~hty arising out of the operation, maintenance and use of all
automobiles and mobile equipment used m conjunction w~th th~s
contract
Satisfaction of the above requirement shall be ~n the form of a pohcy
endorsement for
· any auto, or
· all owned, hired and non-owned autos
[X] Workers Compensation Insurance
Contractor shall purchase and ma~ntmn Worker's Compensation
insurance which, in addition to meeting the mlmmum statutory
requirements for ~ssuance of such insurance, has Employer's L~ablllty
limits of at least $100,000 for each acmdent, $100,000 per each
employee, and a $500,000 policy hm~t for occupational disease The
C~ty need not be named as an "Additional Insured" but the ~nsurer
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 w~th the prows~ons of Attachment 1 ~n
accordance w~th §406 096 of the Texas Labor Code and rule 28TAC
110 110 of the Texas Worker's Compensation Commission (TWCC)
2280 INSURANCE
CI-4
Insurance Requirements
Page 5
[ ] Owner's and Contreotor's Protective Liability Insurance
The Contractor shall obtain, pay for and ma~nta,n at all t~mes dur,ng
the prosecution of the work under th~s contract, an Owner's and
Contractor's Protect,va L,ab~hty ~nsurance pohcy naming the C,ty as
insured for property damage and bodily ~njury which may ar,se ~n the
prosecution of the work or Contractor's operations under th~s
contract Coverage shall be on an "occurrence" bas~s, and the pohc¥
shall be ~ssued by the same ~nsurance company that carries the
Contractor's hab,hty ~nsurance. Pohcy hm~ts w~ll be at least
comb,ned bod,ly injury and property damage per occurrence w~th a
aggregate
[ ] Fire Damage Legal Uabllity Insurance
Coverage ~s required ~f Broad form General L~ab~hty ~s not provided or
~s unavailable to the contractor or ~f a contractor leases or rents a
port,on of a C,ty bu,ldmg L~m,ts of not less than each
occurrence are required.
[ ] Professional Liability Insurance
Professional hablhty insurance w~th hm~ts not less than
per claim w~th respect to neghgent acts. errors or om~ss,ons m
connection w~th professional serv,ces ~s required under th~s
Agreement
[ ] Builders' Risk Insurance
Bu,lders' R~sk Insurance. on an AII-R~sk form for 100% of the
completed value shall be prowded Such pohc¥ shall ~nclude as
"Named Insured" the C~ty of Denton and all subcontractors as their
~nterests may appear
[ ] Additional Insurance
Other insurance may be required on an ~nd~v,dual bas,s for extra
hazardous contracts and spec,ftc serwce agreements. If such
additional insurance is requ,red for a spec,ftc contract, that
requ,rement w~ll be descr,bed ~n the "Specific Cond,t~ons" of the
contract spemflcat,ons
2280 INSURANCE
Insurance Requirements
Page 6
ATTACHMENT 1
[×] Worker's Compensation Coverage for Building or Construction Projects
for Governmental Entities
A. Deflnmons'
Certificate of coverage ("cert~flcate")-A copy of a certificate of
insurance, a certificate of authonty to self-insure ~ssued by the
commission, or a coverage agreement (TWCC-81, TWCC-82,
TWCC-83, or TWCC-84), showing statutory workers'
compensation ~nsurance coverage for the person's or ent~ty's
employees providing services on a project, for the duration of the
project
Duration of the project - ~ncludes the t~me from the begmmng 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 serwces on the project ("subcontractor" m
§406.096) - includes all persons or ent~t~es performing all or part
of the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted directly w~th
the contractor and regardless of whether that person has
employees Th~s ~ncludes, w~thout hm~tat~on, ~ndependent
contractors, subcontractors, leasing compames, motor carners,
owner-operators, employees of any such entity, or employees of
any entity which furmshes persons to prowde serwces on the
project "Services" ~nclude, w~thout hm~tat~on, prowd~ng, hauling,
or dehvenng equipment or matenals, or prowd~ng labor,
transportation, or other serwce related to a proJect "Serwces"
does not include actlwtms unrelated to the project, such as
food/beverage vendors, office supply dehvenes, and dehvery of
portable tmlets
B The contractor shall prowde coverage, based on proper reporting
of classification codes and payroll amounts and flhng of any
overage agreements, which meets the statutory requirements of
Texas Labor Code, Section 401 011(44) for all employees of the
Contractor providing servmes on the project, for the duration of
the project
2280 INSURANCE
CI - 6
Insurance Requirements
Page 7
C The Contractor must provide a certificate of coverage to the
governmental entity prior to bmng awarded the contract
D If the coverage per~od 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 per~od, file a
new certificate of coverage wIth the governmental entity showing
that coverage has been extended
E. The contractor shall obtain from each person prowd~ng serwces on
a project, and provide to the governmental entity
(1) a certificate of coverage, prior to that person beg~nmng work
on the project, so the governmental entity w~ll have on file
certificates of coverage showing coverage for all persons
providing serwces on the project, and
(2) no later than seven days after receipt by the contractor, a
new certificate of coverage showing extensIon of coverage, ~f
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 not~fy the governmental entity ~n wrmng by
certified ma~l or personal delivery, w~th~n 10 days after the
contractor knew or should have known, of any change that
matermlly affects the prows~on of coverage of any person
prowd~ng serwces on the project
H The contractor shall post on each project site a not~ce, ~n the text,
form and manner prescribed by the Texas Workers' CompensatIon
Commission, ~nform~ng all persons prowdtng serwces on the
project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage
2280 INSURANCE
Insurance Requirements
Page 8
I. The contractor shall contractually require each person w,th whom
~t contracts to provide serwces on a project, to
(1) prowde coverage, based on proper report,ng of class,flcat,on
codes and payroll amounts and flhng of any coverage
agreements, wh,ch meets the statutory requ,rements of
Texas Labor Code, Sect,on 401 011(44) for all of ,ts
employees prowd~ng serv,ces on the project, for the durat,on
of the project;
(2) provide to the contractor, pnor to that person beginning work
on the project, a cert,flcate of coverage showing that
coverage ,s be,ng provided for all employees of the person
prowd,ng serv,ces on the project, for the durat,on of the
project,
(3) prowde the contractor, pr,or to the end of the coverage
per,od, a new cert,flcate of coverage showing extens,on of
coverage, ,f the coverage period shown on the current
cert,flcate of coverage ends dunng the durat,on of the
project,
(4) obtain from each other person w~th whom ~t contracts, and
prowde to the contractor
(a) a cert,flcate of coverage, pnor to the other person
beg~nmng work on the project, and
(b) a new cert,flcate of coverage showing extension of
coverage, pr,or to the end of the coverage period, ~f the
coverage per,od shown on the current cert,flcate of
coverage ends dur,ng the duration of the project,
(5) retain all requ,red cert,flcates of coverage on file for the
duration of the project and for one year thereafter,
(6) not~fy the governmental entity ~n writing by cert,fled mad or
personal dehvery, w~th,n 10 days after the person knew or
should have known, of any change that materially affects the
prov,slon of coverage of any person prowd,ng serwces on the
project, and
2280 INSURANCE
Cl - 8
Insurance Requirement s
Page 9
(7) contractually require each parson w~th whom ~t contracts, to
perform as required by paragraphs (1) (7), w~th the
certificates of coverage to be provided to the person for
whom they are prowdlng serwces
J. By s~gmng th~s contract or prowd~ng 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 serwces on the project w~ll be covered by workers'
compensation coverage for the duration of the project, that the
coverage w~ll be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements w~ll be filed
with the appropriate insurance carrier or, ~n the case of a self-
~nsured, with the commission's D~wsion of Self-Insurance
Regulation. Providing false or m~sleadlng information may subject
the contractor to adm~mstrat~ve penalties, criminal penalties, c~wl
penalties, or other c~wl actions
K The contractor's failure to comply w~th any of these provisions ~s a
breach of contract by the contractor which entitles the
governmental entity to declare the contract void ~f the contractor
does not remedy the breach w~th~n ten days after receipt of notice
of breach from the governmental entity
2280INSURANCE
CI- 9
CONTRACT BID SCHEDULE
CITY OF DENTON
DENTON CENTRAL FIRE STATION RENOVATION PROJECT
BID # -98
Enclosed with flus proposal m a Certified Check for
Dollars
($ )
or a Proposal Bond In the sum of
TWENTY T~-IOUSAND NO / 'lflO Dollars
($20,000 oo )
which ~t m agreed shall be collected and retmned by the Owner ~n thc event flus proposal
~s accepted by the Owner w~flun mnety (90) days after the bids are recmved and the
andermgned fails to execute the contract and the reqmred bonds for the Owner w~th~n
fifteen (15) days after the dated smd proposal ~s accepted, otherwise smd check or bond
shall be returned to the undermgned upon request
The undermgned certifies that the b~d prices contained ~n this proposal have been
carefully checked and are submitted as correct and final
SEAL CompanyMERITT CONSTRUCTION, INC
Corporauon)
By. BOB MERITT
Title PRESIDENT
Address P 0 BOX 1481
C~ty DENTON StateTX Zip 76202
Telephone 940-482- 3409
AddendumNo ONE Date Ret'd9-30-98 S~gnature~
Addendum No __ Date Rec'd Signature
Addendum No __ Date Rec'd S~gnature
CITY OF DENTON
DENTON CENTRAL FIRE STATION RENOVATION PROJECT
CONTRACT BID SCHEDULE
ITEM QTY UNIT DESCRIPTION AND PRICE PRICE IN AMOUNT
IN WORDS FIGURES
Inside
Ite~ns
1 4,564 SF Remove Ex Concrete pavement for
7~f~ ~ Dollars
and ~g ,~"m4t~ Cents
per Square Foot ~ ,J'"~ ? / f~ ~ / H q , Zl Y.
2 390 LF 18" Dta Concrete Drill Shaft for
~'7 f--"/'y '/~ ~ e~ Dollars
and
per Linear Foot
3 33 CY Concrete Beams (4000 ps0 for
~Dollars
and.~A/ ~ Cents
)er Cubic'Yard
4 139 CY 10" Concrete Slab (4000 ps0 for
/-~ff'/v ~.n$~,~/. Dollars
and _//~ ~,.~ ~ Cents
per Y rd
5 23 CY 5 5 "Concrete Topping Slab (4~0
ps0 for
~2Pl/ ~¢6 Dollars
and Cents
per Cubic ~ard
6 1 ~ 1 ~A" Copper Water L~ne for
~f~/ ~ Dollars
and ~ ~ Cents
per Lump Sflm
BS-3
CITY OF DENTON
DENTON CENTRAL FIRE STATION RENOVATION PROJECT
CONTRACT BID SCHEDULE
ITEM QTY. UNIT DESCRIPTION AND PRICE PRICE IN AMOUNT
IN WORDS
FIGURES
7 100 LF 2" PVC Vent P,pe (SDR35) for
/~", 'u~ ~, Dollars
Cents
per Linear Foot ~,b"~,'~ 0~-~/, 75"'
8 27 LF 3" PVC Dram Ptpe (SDR3$) for
J~t ~ ~-. Dollars
9 157 LF 4" PVC Dram P~pe (SDR35) for
~d ~/'~. Cents
per Linear Foot 8,/&~, /) .~Z, ]~
10 9 EA Dram Inlet w/P-Trap for
7~/,~,~,' Un ~. Dollars
per Each a~l, ?d /~ qqa~7$~
11 3 EA Single Clean-out for
· ~(~'~/~ .('~.v~ Dollars
and._~,~ ~,y Cents
BSA
CITY OF DENTON
DENTON CENTRAL FIRE STATION RENOVATION PROJECT
CONTRACT BID SCHEDULE
ITEM QTY. UNIT DESCRIPTION AND PRICE PRICE IN AMOUNT
IN WORDS FIGURES
12 142 LF Armor $omt for
.~t/~/~ Dollars
per Linear Foot
Outside
Items
13 4 EA Remove Trees for
1~:~! ,~tt ~ff ¢ Dollars
I~nd St .~ f,/ Cents
14 1 LS Remove Ex Wood Retaining Walls
for
,~"t~/¢ 0.~ Dollars
and* "ft.//~ Cents
per Lump Sum
15 13,906 SF Remove F_.x Concrete Pavemen[ for
7'~,~ff.. Dollars
and F",~,~¢ /'~ar' Cents
per Si:luardqF°°t
16 2 EA Remove Ex Grate Inlet for
,~'"~ A/~r~ ~4 Dollars
and'f~g-/, ~Ya~a_~3A~s_<.Ce nts
BS-5
CITY OF DENTON
DENTON CENTRAL FIRE STATION RENOVATION PROJECT
CONTRACT BID SCHEDULE
ITEM QTY. UNIT DESCRIPTION AND PRICE PRICE IN AMOUNT
IN WORDS FIGURES
17 2 EA Remove Ex Sump.s/Pumps
Dollars
Cents
per Each t 3"q/, 7_ Ct / ~ / fi2, 'q 0
18 1,900 SF 4" Concrete Pavement (4000 ps0 for
~7~?~, O Dollars
and ~'~t/tg' ~f,~ ~. Cents
per Square'Foot ~, ~,~ ~/~ 2,/3"
19 1,550 SF 6" Concrete Pavement (4000 psi) for
~'~ ~ Dollars
and Y'",.~.~ ~t Cents
per Square root
20 8,862 SF 8" Concrete Pavemem (4000 ps0 for
~"~/."~ ~.- Dollars
and )lA',~/t,! ~t~,a, gf Cents
per Square'Foot~ ~, q~? '~5'~,~
21 42 CY 9" Concrete Pavement (4000 psO for
~,,~, ~ ~,~ Dollars
and ~j~~_Ce nt s
per Cubic Yfird o~tt~,~5 qJ/~-'~7
BS-6
CITY OF DENTON
DENTON CENTRAL FIRE STATION RENOVATION PROJECT
CONTRACT BID SCHEDULE
ITEM QTY. UNIT DESCRIPTION AND PRICE PRICE IN AMOUNT
IN WORDS FIGURES
22 831 SF Mdsap Stone Wall for
/~,~'/~/ ,~'~ ~,~- Dollars
and .~a~a~_Cents
per Squar~ Foot O'f,'q~g. o,qt]! q77,2~
23 2 EA Grate Inlet for
/,~.a~ 5~,'~ ~.ett~ Dollars
and ~Ae'Pd Cents
perEach t ,~ j ,.2 Y ,~r~ 4. 5'q2 , .~
24 5 LF 2' PVC Vent P~pe (SDR35) for
_, "1~~' Dollars
aha ~7:~6) ;¢.'.X ,,, ,c~nts
per Lme'ar ~o~t "~? ~'~
25 18 LF 2" PVC Dram Pipe (SDR35) for
7'[.ar~)t! ~f~,~ Dollars
and ~,~P'¢/-%~f Cents
per Lined Foot ~-3,/4~qd5 ..~t,~ ~; ~
26 79 LF 4" PVC Dram Pipe (SDR35) for
~"'~/~/e~ Dollars
and 7"'/,t/~ Cents
per Linear Foot /tt't~2 f' ~7~'~, ~7~
I BS-7
!
CITY OF DENTON
DENTON CENTRAL FIRE STATION RENOVATION PROJECT
CONTRACT BID SCHEDULE
ITEM QTY. UNIT DESCRll~ION AND PRICE PRICE IN AMOUNT
IN WORDS
FIGURES
27 274 LF 8" PVC Dram Ptpe (SDR3$) for
and ,~v ~5/,~ Cents
per Lmear Foot ,,~
28 9 EA Single Clean-out for
cDOllars cnts
29 2 EA Two-way Clean-out for
7'~/~e' g t"4' Dollars
and ~~_Ccnts
30 1 EA Connect to Ex Inlet for
and T"~dT-v Cents
per Each F
31 283 LF Doweled $omt for
5~t/~ v'k Dollars
and ~Cents
per L~near Foot
BS-8
CITY OF DENTON
DENTON CENTRAL FIRE STATION RENOVATION PROJECT
CONTRACT BID SCHEDULE
ITEM QTY. UNIT DESCRIPTION AND PRICE PRICE IN AMOUNT
IN WORDS
I~IGURES
32 1 LS Design of Trench Safety System for
per Lump S~n ql~,Sq
33 192 CF Trench Safety & Support for
~ Dollars
and /I/,~V~e ~,,~ Cents
per l.'mear ]~oot ~ ~/ ///~/O
BS-9
CITY OF DENTON
DENTON CENTRAL FIRE STATION RENOVATION PROJECT
CONTRACT BID SCHEDULE
TOTAL AMOUNT OF BID $ ~,~t.,~j ~]~,~1;~
LABOR AND MATERIAL BREAKDOWN
(a) Total cost of matenals
mcorporated into the work
Co) Total cost of materials purchased
or leased for use, but not mcorporated
into the work (including sales or use tax)
(c) Total cost of labor, overhead, profit and
other reasonable, incidental costs of the work
TOTAL NOT TO EXCEED TOTAL BID AMOUNT
BS-IO
PAGE 2/2 Righ'cFAX
COMPANIES AFFORDING COVERAGE
A eENEIMr
ABBOOIATEO INTOR#&TIONAL
'fux~ WonK COMP IH8 FUMo
UMi,T,,B 8HOStel M~.y HAV~ BeiW REDi~,.B) By pAK) Cl~Mkl{.
_ .....