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