Loading...
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{. _ .....