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1997-126 O INANCE No AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has sohmted, received and tabulated compet~tlve bids for the construction of pubhc works or ~mprovements ~n accordance with the procedures of STATE law and City ordmances, and WHEREAS, the Ctty Manager or a designated employee has recmved and recommended that the herein described b~ds are the lowest responsible b~ds for the construction of the pubhc works or improvements described m the b~d mvltatxon, b~d proposals and plans and spemficat~ons there~n, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTIONi That the following competitive bids for the construction ofpubhc works or ~mprovements, as described ~n the "B~d Invitations", "Bid Proposals" or plans and specifications on file ~n the Office of the Ctty's Purchasmg Agent filed accor&ng to the b~d number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NIJMBER CONTRACTOR AMOL~NI 2043 H & J CONSTRUCTION $ 78,200 00 SECTION II That the acceptance and approval of the above competit~ve bids shall not consntute a contract between the C~ty and the person submitting the btd for construction of such pubhc works or ~mprovements here~n accepted and approved, tmtd such person shall comply with all reqmrements specffied in the Not,ce to Bidders ~ncludlng the timely execution of a written contract and furmshmg of performance and payment bonds, and insurance certfficate after notification of the award of the bid SECTION m That the city Manager ~s hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance w~th the b~ds accepted and approved here~n, provided that such contracts are made in accordance with the Notice to B~dders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specffiCatlons, standards, quantities and specffied sums contmned therein 3. SECTIONJ~ That upon acceptance and approval of the above competatlve bids and the execution of contracts for the pubhc works and unprovements as anthonzed herean, the Caty Council hereby authorizes the expenditure of funds m the manner and ~n the mount as specified m such approved bads and anthonzed contracts executed pursuant thereto SECIION Y That ti'ns orchnanee shall become effective immediately upon its passage and approval PASSED AND APPROVED th~s the (-t~q4- day of ~ _ _,1997 ATTEST JENNIFER WALTERS, CITY SECRETARY ' APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2 DATE MAY 6, 1997 CITY COU~CILIIEPORT TO Mayor and Members of the Cxty Council FROM Kathy DuBose, Executive Director of Finance SUBJECT BID # 2043 -- FRED MOORE PARK ACTIVITY STAGE RECo~ON: We recommend th~s btd be awarded to the lowest bidder, H & J Construction, ~n the mount of $78,200 00 w~th completion ~n 40 calendar days from notme to proceed SUMMARY~' Th~s b~d ~s for the matermls and labor to furmsh and ~nstall an octagon shaped activity stage and canopy The stage will be 44 feet from post to post and the canopy will measure 48 feet from eave to eave The area under roof will be 1,629 square feet Tbs ~s an all steel welded pre-fabricated structure over a concrete stage w~th hand rails and hght~ng The s~te location ~s near the comer of Wilson and Bradshaw ~n the Fred Moore Park p~EPARTMENTSORGROIJ~I~ECTED- Parks Department Activities and C~Uzens utd~zmg Fred Moore Park FISCALIMP~ACI: Funds for thru park ~mprovement wall be taken from CDBG funds account number 219-05C-CDCF-8502 ($44,425) and Park Improvement funds account number 453-038- PARK-9629-9009 ($33,775) Attachments Tabulation Sheet Respectfully submitted Kath'y4~.ose Executive D~rector of F~nance Approved Name Tom D Shaw, C P M T~tle Purchasing Agent 869 AGENDA 3 m~ # 2043 ~ I MART INTREPID 1t & J BID NAME Fred Moore Park Activity Stage INC CONTRACTORS CONSTRUCTION OPEN DATE April 24, 1997 I I I BASE BID $95,997 0 $146,841 42 $78,200 001 4 CONTRACT AGREENfENT STATE OF TEXAS S coUNTY OF DENTON S THIS AGREEMENT, made and entered into this 6 day of MAY A.D., 19 97 , by and between the CI1"f OF DENTON of the County of DE~TON and State of Texas, acting through TED EENAVIDES thereunto duly authorized so to do, hereinafter termed #OWNER, m and H & J CONSTRUCTION 151 sOUTH MA~W STREET I~F. IJ.F.R, Tk~AR 76248 of the city of KELLER ..., County of TARRANT and State of T~A.~ , 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 w,it.h..O.WN.E~__ .~0 commence and complete performance of the work epec~zlea me~ow. BID # 2043 - FRED MOORE PARK ACTIVITY STAGE i " cunt of $78.200.00 . and all ex~ra work in n ~ne_.am ..... ~= ,,,a,~ She terms as stated in the General corulec:lon r. rlsrBwAu~, Conditions of the agreement; end at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, e ipment, tools, superintendence, labor,, ins.u~.ance,, and o._t~.er. qu ............. ~- come,ets ~e work specxzlea above, in accordance with the conditions and prices eta=es in accordance with all the General Proposal attached hereto, and 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 accordance with the plans, which includes all maps, plats, CA - I blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON pAR~ &RECREATION DEPARTMENT STAFF all of which are made a part hereof and collectively evidence and constitute the entire contract. Indecendent 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 employes 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 desxgnee under this agreement. Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claxms and demands. Choice of Law and Venue This agreement shall be governed by the law of the Stats 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, ~he parties of these presents have executed this agreement in the year and day first above written. ATTEST: (SEAL) H & J CONSTRUCTION - ' - CONTRACTOR Rashaan Tinker 151 South Main Stree% Keller, Texas 76248 MAILING ADDRESS 817-379-55m9 PHONE NUMBER 817-379-5534 FAX , ,, ~./f/Preslden` Henry J. Tinker PRINTED NAME APPROVED AS TO FORM: (SEAL) city Attorney / AAA0184D Rev. 07/2S/94 CA - 3 ~0~~ ~O~TD S'L'A~Z OF TEXAS S COUNTY OF DEIqTOH S ~OW ~ ~ BY ~SE P~S~S: ~a~ H..~ J C0HS~U~ ~e s~a~e o~ ~as ~o ac~ as ~e~ on ~nds Cot principals, ~e 00/100 ~ .... ..'"' DoL~8 ($ 78,200.00 ) ~o~ ~e p&~en~ ~eo~, ~e said Principal and S~e~y bind ~ense~ves, 8nd ~oint~M an~ seveFall~, bM ~ese presents: WHZP.~A$, ~ho Principal has an~:ered in~o · cer~:a'(n v'ri~:en con~:rac~, v'~t~ the 0h'X~3~, da2ed the . 6 day of ttt ttm t vhich con~rac~ is here~M re~e~ed ~o ~d made a p~ heres: as ~u~ ~d ~o ~e same ~ as i~ copied a~ ~en~ hersin. NOW,, ~~, ~e cond~ion o~ ~s obligation ~ ~e sa~d prLnc~pa~ shall ~a~ully p~o~ said Con~a~ per~o~ed, ~d accord~q ~o ~e ~e ~C ~d n~q o~ said con~a~ ~d ~e Plans ~d Spec~i~t~ons h~ato ~ed, obligation shall ~ void; o~o~Lse ~o rm~ provisions o~ ~e T~as Gove~e~ ~e, ~ap~ 22s3 (v~on, de~ned ~ accoEd~ v~ 8i~d prov~s~o~ ir ~ey v~e cop~ed at len~ h~n. PB - :~ ~nd, venue ShaLL s~e~y, rot v&%ue re.mired, s~Lpu%m~es ~d m~mow ~a~ no change, ~ene~on a~fe~ lU obl~ga~ion on ~e ~nd~ ~d ~ does h~eb~ valve no~ce o~ ~y ~oh chugs, e~ston or t~., nitration o~ addition to ~e ~em or ~e con~ac~, or to ~0 york to ~ p~fo~ed ~ere~d~. ~ ~SS ~F, ~e said ~Lnc~l ~d S~e~Z have a~ed and seal~ ~ts ~nst~ ~l. ,~ . day o~ ~ , , T~le m ~-~ Add~ems** 151 South Main Street Add~ass: 500Ns~hCs~c~lE~,~ay, Sm~223 Keller, Texas 76248 l:rJ.m'~, ~IX. 7g~074 (SEAL) (SF. AL) TAm none and add~mas of ~.l~e Residen~ Agen~ of Surety is: Date of Bond mus~ no~ be prior to da~e of Con~ac~. 0?/38/04 90~] AIOI~OQ~_~SA[O:3 l' H tc~ 6/.c Z,'[S X~..'I ~,c CT /.6, ~0/90 PA~ BOND STATE oF TEXAS S COUlqTY OF Dln~'L~H S ' lq~O# ALL J(~q BY TH~SE PRRSB~TS: That K & J CONS~UCTZ~ as prLnc~pal, and ~ ~ av~orised ~de~ ~e lays of ~e ~a~e o~ Texas ~o ac~ as ~eW on ~nds roF pFincipaXs, ~e held ~d ~ly ~d ~o ~e for ~e pa~en~ vh~eo~, ~e 8tid ~c~pa~ ~d s~o~ bind and ass~s, ~o~n~y ~d severally, b~ ~ese presents: ~, ~e ~r~nc~pal has ~ed ~o a certain con~ract w~ ~e ~, da~ed ~o ,,, day o~ _ · 9. 97 . BI~ ~ 20&3 - F~D HOOltg PARK ~o which con~rac~ is hereby ~efez~ad ko and Bade a pa~ hereof as fully and ko ~.he e&ue ox~en~ as if copLed at len~ here~. NOW, ~~ ~ ~ZT~ON OF ~at ~ ~o sa~d ~c~pu~ ~all pay all cla~s supp~y~V ~d Baker~a~ ~o h~ or ~ ~on~a~r ~ work provided ~or ~ la~d ~n~, ~en ~e prov~siono of ~e T~U ~v~ CMo, ~a~ 22S3 (v~non, ~r ~ey ~re oop~ ac 1~ PB - 3 ~0~ ~0Ii0a~tS~0~ ~ H ~£SS $~ ~$ "~ kC CT ~6, 90/90 change, e~eno~on o~ c~e, a~as~on or add~on ~e ooncca~ oF ~o ~e voc~ p~ro~ed ~o~d~ oF ~e plans, spec~Xcn~ona, oF.~nv~gs aooo~y~nv ~e s~e, nhaXX ~ any vaF .~reo~ ~atoblXgaC~on on ~Xo Mad, ud X~ does h~e~ vaXve no~ce o~ an~ suc~ c~ge, ~enston a~ ~he, m~c~a~Xon or ~ ,~SS ~F, ~e eaXd ~nc~paX ~d ~e~y have eX.ed ~d' seaXed ~s ~s~ ~s ~ day or X9 ~ · Construction Nd~el ~ Oml~ny 151 South M,a~n Street Ad. ess: ~~~~ Keller, Texas 76248 ~' ~ ~4 _ (SEAL) The name and ad4xess o£ ~ae Resident Agent of Su.ref.7 is: ~,v. 07/28/94 PB - 4 NOBEL INSURANCE COMPANY 629385 GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That NOBEL INSURANCE COMPANY haz made, constituted and appmnted, and by these presents does make, constitute and appoint Denms H Moore, Jeffrey L Bohn or Karen Kubica its true and lawful attorney-in-fact, for it and in ils name, plaso, and stead to execute on behalf of the said Company as surety, bonds undemtkmgs and contracts of sur~tysh*p to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed undar th~s authority shall exceed in amount thc sum of ************Three rmlhon five hundred thousand ($3,500,000)************ This Power of Attorney ts granted and ~s signed and sealed by facs~mde under and by the authority of thc following Resolution adopted by thc Board of Directors of the Company on the 24th day of August, 1995 NOBEL INSURANCE COMPANY STATE OF GEORGIA ) ss COUNTY OF DEKALB On this 1st day of October, 1995, before mc personally came Emil B Askew to mc known who bcmg by me duly swum &d depose and say that ho ts a Vice Prcstdant of NOBEL INS~CE COMPANY the corporanon described in and which executed the above affixed by order of the Board of Directors of said etol~oratlon and that he signed his name thereto by like ordcr NOTARY PUBLIC My Commission Expires August3 [998 CERTIFICATE I, the undersigned, an Assistant Secrctery of NOBEL INSURANCE COMPANY a Texas corporation DO HEREBY CERTIFY that thc foregoing and attucbed Power of Attorney remains in full force and has not been revoked and furthermore that thc Resolution of thc Board Charles B Cape, Ass~stent M~ORD,. CERTIFIG~?E OF INSURANCE .... ?'~I.:].oi.,~.~?? r~ ~LY AND ~NR~ NO ~H~ U~N ~ ~ ~... e~ I HO~ ~IEC~R~EBNOTAM~D ~uun ~ ~ae ~ ~ ~ ~ ~B COVB~ AF~R~ BY ~ POUGi~ ~00 ~* ~-~, ~bE 1BO0 ~ ' nnwA I~ AF~~ glT-&GX-3539 / "' ~e~ ~ 76240 ~ ~ ~V~g~ .................. ~ Ll~n ~OW ~VE B~ i~U~ ~ ~ i~u~ ~MBD ~ FOR ~ ~.~a~8 ~DI~ ND~AND~ ANY fl~UIR~M~.~, .~ ~~=v ~l PO~CIEG fl~CRI~D H~ IG GU~ECT TO ~ ~E Tutu, e 1,000,000 ~N~a~p"~ ~;; ~ 50,000 ~350 ~ De~o~l M~P~W~ ~ 5,000 04/0~/97 04/02/98 STATE Ol1' omo E,~U Oi~ WORIGRB8' OOMPE,]4eA,TION ¢~EFITII~CATE OF PREMIUM PAYMENT This cer~l~l~ that the employer IIM~d below h,m pmcl tnto the Stat® Insuranae Fund ns required by law. Therefore, the employer lo ertttt]ecl to the rights and bsneflts ol the /undfor the period epeaiflecL THIS CERTIFICATE MUS't' BE OONSPIC~UOUSLY pOSTED RIBK NO AND EMPLOYER OP4~ BW~ - ~ (RBV SAS) THIS G'~(~ATE MAY ~ IalEEPRODU~I~D AS NEEDED 12/03 '97 11.06 T~i/I~NO. 0911 POi 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 Iow bidder fails to comply strictly wrth the insurance requirements, that b:dder 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: W~thout bruiting any of the other obhgat~ons or habiht~es of the Contractor, the Contractor shall prowde and maintain until the contracted work has been completed and accepted by the C~ty of Denton, Owner, the mlmmum insurance coverage as md~cated hereinafter As soon as practicable after notification of bid award, Contractor shall file w~th the Purchasing Department satisfactory certificates of insurance, containing the b~d number and t~tle of the project Contractor may, upon whiten request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly advised to make such requests pnor to bid opening, since the ~nsurance requirements may not be modified or waived after b~d 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 recmvea notification that the contract has been accepted, approved, and s~gned 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 spemflcatlons 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 ~n the bid proposal If requested by the City, the insurer shall reduce or eliminate such deductibles or self-~nsured retentions with respect to the City, its KEYED tW1~94 Insurance Requirements Page 2 officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim admlnmtrat,on and defense expenses · Llab~hty pohc,es shall be endorsed to provide the following ee Name as addlt,onal insured the City of Denton. ~ts Officials. Agents. Employees and volunteers. · · That such insurance Is primary to any other insurance available to the add*tlonal insured with respect to clmms covered under the policy and that this insurance applies separately to each insured agmnst whom claim is made or suit is brought The ~nclus~on of more than one insured shall not operate to ,ncrease the insurer's limit of hab~hty · All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage · 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 penod of three years beyond the contract expiration, such that occurrences arising during the contract term which give nee to claims made after expiration of the contract shall be covered e Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for clmms investigation or legal defense costs to be included in the general annual aggregate Itmlt, the contractor shall either double the occurrence hm~ts or obtmn Owners and Contractors Protective L~abllity Insurance · Should any required ~neurance lapse dunng the contract term, requests for payments originating after such lapse shall not be processed until the City recetvee satisfactory evidence of reinstated coverage as required by this contract, effective aa of the lapse date. If insurance ~s not retnatated, City may, at ~ts sole option, terminate this agreement effectJve on the date of the lapse Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance pol,cles proposed or obtained in satisfaction of this Contract shall additionally oomply with the following marked specifications, and shall be maintained In comphance w,th these additional specifications throughout the duration of the Contract, or longer, ,f so noted General Liabdrty Insurance. General Liability insurance with combined single limits of not less than _ : OO0.0 O shall be provided and maintained by the contractor The policy shall be w.tten on an occurrence basis either ~n a single pohcy or ~n a combination of underlying and umbrella or excess policies If the Commercial General Liability form (ISO Form CG 0001 current edition) ~s used · Coverage A shall ~nclude premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage · Coverage B shall include personal ~niury · 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 hablhty (preferably by endorsement) covering this contract, personal injur~/ habdity and broad form property damage liability Insurance Requirements Page 4 Automobile Liability Insurance' Contractor shall provide Commerc;al Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500 t 000.00e,ther in a s;ngle policy or in a combination of basic and umbrella or excess policies The policy w,II include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobdes and mobile equipment used ,n conjunct,on with 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 Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for ,ssuance of such ~nsurance, has Employer's Llablhty limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 pohcy hm,t for occupatmnal disease The City need not be named as an "Additional Insured" but the ~nsurer shall agree to waive all rights of subrogation aga,nst the C~ty, ,ts offlc,als, agents, employees and volunteers for any work performed for the C;ty by the Named Insured For bu,ld,ng or construct;on projects, the Contractor shall comply w,th the prov,s,ons of Attachment 1 in accordance w,th §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 Uability Insurance The Contractor shall obtain, pay for and ma,ntam at all t,mes during the prosecution of the work under this contract, an Owner's and Contractor's Protective L~abll,ty insurance policy naming the C,ty as insured for property damage and bodily injury which may ar,se m the prosecution of the work or contractor's operations under this contract Coverage shall be on an AFtaIX~AI Insurance Requirements Page 5 "occurrence" basis, and the pohcy shall be issued by the same insurance company that carries the contractor's habfllty 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 ,f Broad form General Liability is not prowded or ts unavailable to the contractor or if a contractor leases or rents a portion of a CiW building Limits of not less than . each occurrence are requ:red [ ] Professmnal Liability Insurance Professional habfllty ~nsurance with hmlts not less than per clmm with respect to neghgent acts, errors or omissions ~n connection w;th professional services ~s requ,red under thcs Agreement [ ] Builders' Risk Insurance Builders' R~sk Insurance, on an AII-R~sk form for 100% of the completed value shall be prowded 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 requtred on an individual basis for extra hazardous contracts and spec,ftc service agreements If such addltaonal insurance ts required for a specific contract, that requirement will be descnbed m the "Specific Cond;tlons" of the contract specifications Insurance Requirements Page 6 ATTACHMENT 1 Worker's Compensation Coverage for Buflding or Conetruc=on Projeots for Governmental Entities A Oeflmt;ons Certificate of coverage ("certtflcate")-A copy of a cert~f,cate of ~nsurance, a certificate of authority to self-~nsure ~ssued by the comm;ss;on, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation .nsurance coverage for the person's or entlty's employees prowdlng services on a project, for the duration of the project Duration of the project - includes the t,me from the begmmng of the work on the project unt;I the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons prowd~ng services on the project ("subcontractor" ~n §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 includes, without hmltat~on, independent contractors, subcontractors, leas;ng compames, motor carriers, owner-operators, employees of any such entity, or employees of any entity whtch furnishes persons to prov.de serwces on the project "Serv,ces" include, without hmltat~on, prowdmg, hauhng, or del.venng equipment or materials, or prowdlng labor, transportation, or other service related to a project. 'Sewlces" does not tnclude act;v.tles unrelated to the project, such ss food/beverage vendors, office supply deliveries, and delivery of portable toilets B The contractor shall provide coverage, based on proper reporting of classlflcatton codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011 (44) for all employees of the contractor providing services on the project, for the duration of the project ~r~uAI Insurance Requirements Page 7 C The Contractor must prowde a certificate of coverage to the governmerltat entity prior to being awarded the contract D If the coverage penod shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, pnor to the end of the coverage period, file a new certificate of coverage w~th the governmental entity showing that coverage has been extended E The contractor shall obta,n from each person prowd~ng serwces 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 w~ll have on file certificates of coverage showing coverage for all persons prowd~ng 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 cert~hcate 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 writing by certsfled ma~l or personal delivery, within 10 days after the contractor knew or should have known, of any change that matenaily affects the prows~on of coverage of any person providing aery|cas on the project H The contractor shall post on each project s,te a not;ce, ~n the text, form and manner prescr,bed by the Texas Workers' Compensat,on Comm;ss~on, ,nform,ng all persons prowd~ng aery,cea on the project that they are required to be covered, and stat,ng how a person may var,fy coverage and report lack of coverage AFPOOBAI Insurance Requ.rements Page 8 I. The contractor shall contractually require each person with whom ~t 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, SectJon 401 011(44} for all of Its employees providing services on the project, for the duration of the project, (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project, (3) prowde 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 prolect, (4) obtain from each other person with whom ~t contracts, and prowde to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project, and (b} a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, ~f the coverage period shown on the current certificate of coverage ends during the duration of the project, (5) reta.n all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified mall or personal dehve~, wlthtn 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and Insurance Requirements Page 9 (7) contractually raqu~re each person w~th whom ~t contracts, to perform as required by paragraphs (1) - {7), w,th the certificates of coverage to be prowded to the person for whom they are providing services J By s~gmng this contract or providing or causing to be provided a certificate of coverage, the contractor ~s representing to the governmental entity that all employees of the contractor who w~ll prowde services on the project wdl be covered by workers' compensation coverage for the duration of the project, that the coverage wdl be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements w,II be filed w~th the appropnate ~nsurance carrier or, ,n the case of a self-~nsured, w~th the commission's D~ws~on of Self-Insurance Regulation Providing false or m~sleadmg ~nformat~on may subject the contractor to administrative penalties, criminal penalties, c~wl penalties, or other c~wl actions K The contractor's fmlure to comply w~th any of these prows~ons ~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~thm ten days after recetpt of not, ce of breach from the governmental entity It~/ISED FOl f OF pROPOSAL DAT~ 4/24/97 PROJECT BID #~ F~F-D MOORE PARK ACTIVITY STAGE FRED MOORE PARK, 613 LAKEY STREET, DENTON, TEXAS PROPOSALOF H & J Construction (hereinafter called "Bidder"), __Sole proDr~e~.nrs~ ? a col orauon, a partnerslup, an mdlwdual doing bustness as _ii a J ~'~n~er,~-~, TO CITY OF DENTON % PURCHASING AGENT 901-B TEXAS STREET DENTON, TEXAS 76201 The Bidder, tn comphance w~th your Advemsement for Bids for the above referenced project, having become thoroughly fanuhar with the terms and conditions of the proposed contract documents and w~th local condluons affectm§ the performance and cost of the work at the place where the work Is to be compleL~J and having fully tnspected the site tn all particulars, hereby proposes and agrees to fully perform the work w~tlun 40 calendar days upon Notice to Proceed, and tn strict accordance w~th the proposed contract documents, for the following sum of money BASE BID: sevent~' Eiqh~ Thousand and Twc~ l-lunrtt'o~ DOLLARS BID ITEMS: BID ITEM NO. ONE: Concrete stage including gmthng, forms, reinforcing, setUng tnsens, fimstung and removal of conslruct~on debris. Ten Thousand Dollars ..DOLLARS ($ ~0,000.00 BID ITEM NO. TWO: Purchase and dehver pre-engmeered s~ucture to ate Fifty T~,.u~n~ pcll~__.-_~ DOLLARS ($ ~o,ccc.cc BID ]TEN[ NO. TI]~.I~.: Erect pre-engmeered structure includmg handrails, Thcee Thousand DoZlars DOLLARS BID ITEM NO. FOUR: Pant and stare as specified pre-engmeered structure mcludmg handrails nn~ ,~h.n,~q~.~ ~n~_~vp ~,,-~,',.~ ~,'~ DOLLARS ($_ ~ ~nn,nn ) BID ITEM NO. FIVE: Furnish and mstaL! electrical as spectfied mcludzng connecuon to electrical servtce Feur Thcu-":n~- :,'? ~ ~;:~r~''~ ~'.-.'?nr~ DOLLARS ($ ~.,¢oo.oe ) The B~dder further pmpo.~,,s and a~mes to commence work under tlus conWact w~thm t~n (10) days after the date estabhshed in a wntten Noace to Proceed and to fully complete all work thereunder as set forth m the Form of Proposal Page 1 of 2 The Bidder further agrees, and acknowledges that the following addenda have been received and ~at the pomons pertaining to the section(s) that he is bidding on have been incorporated into tius proposal No. Two, dated No. One, dated ... No. Three, dated No. Four, dated Signed and notar~ed_ affidavit form ~s ailached Respectfully subrmtled Aut~nzed~lgn~r~ '~ '~ · ~ a Co~orate Title For N~e of Con~ ~ Bidder's Co~ Char ~um~ Add~ Telephone Page 2 of 2 Ilndrr '1 eX,'L'I Famdy (.ud¢, .,eclion 14 .~2, n sole proprktorslup, partnership, corporation, or o(her entlly in v, hzch x,I, proprietor° pnrtner, o m'~jortl)' sbnrehuhler nro corporolion or on owner of 10~b or more of another businesS Cnlll~' is ~0 dn)s or ntor~ (lehluluelll iff p,)iltK child q,ppnrt under · court order or · written repnymenl ,,I ~lIKsl]le to bid on or receive · qlzlie conlriicI. ~o comply ~tilh seLtion ~4 ~2. the nffldavtt below must ~ s:~ned Ibc I~on wbo ~ mlthQrlxed to ~iRfl Gild submit n bid on b~bAIf o( A busincss enllly IIl~t is subJect to secllQn 14 thereby bind II~e bidder ~te ,(fldnvit mnst be rcturn~ ~tih Ibis bid ANY CORI'ORATION. ~CLUDiNG NON.PROFIT CORPORA1 ION. ~ ilAT DO~ NOT IIAV~ A MAJORITY SllAR~iiOLD~R WllO tS A NA~KAL P~ON CAPAUL~ OF U~ING A CIIILD SUPPORT OOLIGOR. AND GOVeRNMeNTAL AK~ NOT SUUJE~ TO SE~ION 14 S2 OF Til~ T~XAS FAMILY ~OD~. IF A UIDD~R ~ SUCH A COKPO~TION. pLEASE Cli~CK Corporntlon without Nnturnl Person-MaJority Shareholder AFFIDAVIT FAILU~ OF AN ENTITY SUBJECT TO SECTION 14.5~ OF THE TEXAS FAMILY CODE TO SIGN AND RETURN Tills AFF1DAVI'F WITH TtIIS ~VILL RESULT IN TIIE DISQUALIFICATION OF THE BID. l. R=~., ~T m4.~ 3mauthorlzedtosl~nth~sbtdon~halfof ~ ~ry ~_ ....... iN,me of Bidtlcr~ {Natnc and T~de) Icetttiylhatno-Rnl~ Pr~ (t) ~ Of buslflcbs I · sole ~opr:ctorshsp. pdrmer~htp, cor~r~tson or other) (sole p~oprsctor for plopr:etolshlp ur, partner for 3 p~rmcrshzp, or m~jon~y sh3r~holder foe ~ cor~r3uon or 10% or more owner for other ss 30 days or more dehnquent m chdd sup~rt payments required by cou~ order or written rep3ymcm 3greement SWO~ AND SUBSCRIBED to ~fme me the undersigned hotly o  q S~gnatufc (S~L) IF AFFIDAVIT IS REPRODUCED OR FAXED~ TIlE NOTARY SEAL MUST BE LEG~LE TO BC CONSIDERED 8/16/94 A COPY OF THIS FORM MUST BE SIGNED BY EACH PROPOSED CONTRACTOR AND SUBCONTRACTOR. CERTIFICATION OF PROPOSED CONTRACTOR/SUBCONTRACTOR REGARDING SECTION 3 AND SEGREGATED FACILITIES r~ ~..~ e,... o~ rn('~' ~ n)COMMUNITY SIDEWALKS-WEST SIDE Name of Prtme Contractor or OF BOLIVAR Subcontractor B-95-MC-48-0036 ProJect Name and Number The undersigned hereby certifies that A) Section 3 prowsions are included m the Conumct B) As con~ractor/subcontractor I agree to recnnt new employees from the project neighborhood New bares vail be tracked and information subrmtted to the City of Denton for venficauon NOTE: SECTION 3 COMPLIANCE INFORMATION MUST BE SUBMII-i'ED TO THE COMMUNITY DEVELOPMENT OFFICE, I00 WEST OAK STREET, SUITE 208. A BREAKDOWN OF SUBCONTRACTORS AND EXISTING WORK FORCE MUST BE INCLUDED (SEE PRECEDING FORMS). C) No segregated facilities vail be maintained NAME AND TITLE OF SIGNER (PRINT OR TYPE) . SIGNA DATE PROPOSED SUBCONTRACTS BREAKDOWN For the penod covenng ,1996 through ,1996 (~i~-,~) Type of Contract Total Number of Total Approximate Est # of Contracts Estimated Dollar Bus;ness or Prof Contracts Dollar Amount to Project Area Amount to Project Busine__,~e__~* Area Businesses* *The Project Area ~s coextensIve wIth the C~ty of Denton's boundanes Company Project Name Project Number C-7 U S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION OF CONTRACTOR/SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY This certzficatlon ~s required pursuant to Execot~ve Order I 1246 (30 F R 1231-25) The unplementlng rules and regulations provide that any bidder or prospective contractor, or any ofthe~t proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether tt has participated m any previous contract or subconn'act subJeCt to the equal oppormmty employment clanse and, if so, whether it has filed all comphance reports due under applicable ms~'uctlons Where the certification indicates that the bidder has not filed u compliance report due under applicable mst~ucUons, such bidder shall be required to submit a compliance report within seven calendar days aRer bid openm8 No corm'act shall be awarded unless such report is submitted CERTIFICATION BY BIDDER NAME AND ADDRESS OF BIDDER (include ZIP code) H & 0' Cortsi;ruct;~.on ].51 Sout;h l~a~.n .~t;reet; KeI. 3. er, Texss 76248 I Bidder has pa. mclpated m a previous con~act or subcontract subject to the Equal Opponumty Clause X Yes No 2 Compliance reports were requmid to be flied in connection ~nth such conm~t or subcontract. y. Yes No 3 Bidder has flied all compliance teport~ due under applicable ms~'ucoons, including SF-100 ~ Yes No 4 Have you ever been or are you being considered for sancuon due to violation of Execotlve Order 11246, as amendedo Yes No NAME AND~TITLE OF SIGNER~..(Ple~/(ype) C-$ (d) L~st the names and addresses of all other persons having a substantml interest ~n the undersigned and the nature of the mterast NAME ADDRESS NATURE OF INTEREST (e) List the names, address and trade ciass~cations of all other building construction contractors in which the undersigned has a substantial ~nterast NAME ADDRESS TRADE CLASSIFICATION (C~uracror) DATE