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1997-261 O ANCESO 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 solicited, received and tabulated competitive bids for the construction of public works or improvements m accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described m the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction of public works or improvements, as described m the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NI IMBER CONTR ACTOR A_MOIJNT 2075 FLOYD SMITH CONCRETE, INC EXHIBIT A SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements hereto accepted and approved, until such person shall comply with all reqmremants specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance w~th the Nottce to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the pubhc works and ~mprovements as authorized here~n, the C~ty Councd hereby authorizes the expenditure of funds ~n the manner and in the amount as specffied ~n such approved b~ds and anthonzed contracts executed pursuant thereto SECTION V That this orchnance shall become effective ~mmedmtely upon ~ts passage and approval / PASSED AND APPROVED th~s the ~'~ ~ day of ~/gTbZ~, 1997 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BID # 2075 I BID NAME CONTRACT CONCRETE WORK 'LOYD SMITH CONCBETE IOPEN DATE JULY 29, 1997 INC I PAGE 1 OF 3 I EA RING AND COVER (INLETS) S200 00 ~YI-ITBIT 2 SY REMOVE CONCRETE PAVEMENT $16 20~ REMOVE CONCRETE CURB & GU'rr~R $6 00 4 REMOVE CONCRETE DRIVEWAY & SIDEWALK $16 20 $. ] CY UNCLASSIFIED EXCAVATION S9 00~ 6 COMPACTED FILL/EMBANKMENT $20 00 ? SY SOD $7 50 8 2'ASPHALT PAVEMENT(TYPE D PATCH MAT) $75 00 9 4'CONCRETE FLATWORK (COLORED & TEXT) A ~_ SY ~ 0TOI00SQ YDS $5400! IL SY 101SQ YD8 TO UP $$400[ 10 I 6"CONCRETE PAVEMENT(RADIUS,ETC) A ~ SY 0TO~0$Q YD~ $29251 IL 51 TO 100 SQ YDS $29 251 C SY 101 TO S00 SQ YDS $28 00 11 6" CONCRETE PAVEMENT (RADIUS,ETC WITH FIBERS) A 0TO $0SQ YDS S30 151 IL SI TO 10OSQ YDS $30 C 101TO ~00 SQ YDS ~ 12 8" CONCR~IE PAYgMgNT {R.~IUS~ gTC) A 0 TO 50 Sq ~ $33751 B SY 51 TO 100 SQ YDS $3375[ C SY 101 TO S00 SQ YDS $31 13 I 8" CONCRETE PAVEMENT(RADIUS, ETC.-WITH FIBERS) A ~ SY 0 TO 50 SQ YDS $34 65 IL ~ $y $1TOI00$Q YDS $34651 c~ s¥--.~ lOl TO SOOSQ v~s S~O$ 14 CY ONE 8ACK CONCRETE BACKFILL S~0 16 UA 4' ID MANIIOLE (0~-6' DEPTH) $1,200 00! VF EXTRA DEPTH S100 001 17 EA 5*Xfl' JUNCTION BOX (9'TO 6'DI~pTH) $1,500 00[ VF EXTRA DEPTH $100 00 18. EA 4' INLET (0'TO 6' DEPTH) $1,350 VF EXTRA DEPTH $100 00 BID # 2075 FLOYD SMITH BID NAME CONTRACT CONCRETE WORK CONCRETE INC OPEN DATE JULY 29, 1997 PAGE 2 OF 3 19 EA 6' INLET (0' TO 6' DEPTH) $1,$~0 00~ ' VF EXTRA DEPTH $150 00[ EXHIBIT [ $1,650 00! 20 EA 8* INLET (0' TO 6' DEPTH) VF ] EXTRA DEPTH $150 22 REBUILT INLET (REMOVE & REPLACE TOP) [ A~ 4' INLET S700 00~ 23i REBUILT EXISTING INLET (SPECIAL) A [EA 4' INLET 24 LS BARRICADES, WARNING SIGNS & DETOURS $250 00 I 25 LF DOWEL-ON INTEGRAL CURB S6 00 _ 26 ~ LF [ DOWEL-ON INEGRAL CURB (WITH FIBERS) $6 901 27 CONCRETE CURB & GUTTER I A LF 0' TO 250' $7 75[ B. i LF 250* TO 1,000' $7 28 CONCRETE CURB & GUTTERO~ITH FIBERS) A LF W TO 250~ $8 65' B LF 25P TO 1,00O' $8 C LF 1.001* - UP $7 90~ 29 EA OVERLAY MILLED CURB 0*TO UP $6 00 30 SY ] OVERLAY MILLED CURB 0* TO UP/FIBERS $690~ 31 LF 30'* SI~RMOUNTABLE CURB $10 S01 32 LF ~ ~0" SURMOUNTABLE ~ / FIBERS $11 40I 33 6" CONCRETE DRIVEWAY A. SY ] 0TO 50 SQ Y~S $2925~ B. ' SY [ 51TOIOOSQ YDS $292S[ C SY 101 TO SOO SQ YDS ....... S28 00~ 4 BID # 20?$ FLOYD SMITH BID NAME CONTRACT CONCRETE WORK CONCRETE, INC OPEN DATE JULY 29, 1997 PAGE 3 OF 3 ~ $30 15 # , WNDOR 34 6" CONCRETE DRIVEWAY/FIBERS A SY 0 TO ~0 SQ YDS B I ~- SITOI00SQYDS S3015] C 101 TO SOO S(~ YRS S28 90l 3S ~ 4"CONCRETE SIDEWALK A 0 TO S0 SQ YDS $27 00 B S1 TO 100 SQ YI)S $27 C SY 101 TO 1000 SQ YDS $2S 00t 36 ] 4"CONCRETE SIDEWALK/FIBERS A [ SY 0TO~0SQ YDS $2? 90 B S¥ SI TO 100 SQ IDS $27 90 C [ SY 101 TO SO0 SQ IDS $25 901 37 ] SY CONCRETE MEDIANS $22 50 38 SY CONCRETE RIP RAP & DRAINAGE FLUME8 $29 25 39 LF SAW CUT(EXISTING ASPHALT) ~ $1 $0 40 LF SAW CUT(EXISTING CONCRETE) $3 00 41 CY STRUCTURAL CONCRETE (CLASS A) $350 42 CY CONC FOR LIGHT STANDARD BASES $225 00~ 43 EA CONC FOR TRAFFIC CONTROL PULL BOX $300 00 44 SY CONCRETE PADS FOR SPAN SHELTERS $33 75 4S EA WATER SERV1CE ADJUSTMENTS $250 00 46 LS MlSC SPINKLER SYSTEM ADJUSTMENTS $250 00 STEI~ (SF) $8 50 5 DATE SEPTEMBER 2, 1997 CITY COHNCIL REPORT TO Mayor and Members of the Clty Council FROM Kathy DuBose, Assistant City Manager of Finance SUBJECT BID # 20?5 - CONTRACT CONCRETE WORK RECOMMENDATION: We recommend this annual contract be awarded to the single bidder, Floyd Smath Concrete, In¢, with option to renew The estimated expenditures are approximately $300,000 00 per year SIJMMARY: This contract lS for the performance of various concrete related construction and maintenance projects winch are usually $1,000 00 to $5,000 00 per project Included are street cut repairs, curb and gutter installation and repmr, handicap access ramps, driveway replacement, drainage improvements, sidewalks and other miscellaneous projects (see tabulation sheet) The DeparUnents which use this contract daffy are Electric Dlstnbutlon and Water & Sewer Field Services Other departments such as Traffic, Facthtles Management and Parks use this contract for special projects The City reserves the right to bid projects that are estimated at $15,000 00 or more Floyd Smith Concrete, Inc was the only respondent for this bid Twenty one notices were sent to prospective bidders Floyd Smith Concrete has performed tins service for a number &years and continue to offer very competmve prices PROGRAM~.. DI~PARTMENT~g OR GROUPS~,~F_.~ Utlhty Dlws~ons, Street Department, Drmnage Dlvlsxon, Parks Department and Engineenng Department are the primary users of this contract F~tCAI.~P~C~ Funds for each project will come from approved budget funds, the appropriate bond or other special appropriations Attachmeat Tabulation Sheet Respe.ctfully submitted Assistant C~ty Manager of Finance Name Tom D Shaw, C P M Title Purchasing Agent 916 AGENDA 6 B1D # 20?$ BID NAME CONTRACT CONCRETE WORK FLOYD SMITH CONCRETE OPEN DATE JULY 29, 1997 INC PAGE 1 OF 3 I EA RING AND COVER (INLETS) $30000i 2 SY REMOVE CONCRETE PAVEMENT $16 20~ ?_~ LF REMOVE CONCRETE CURB & GUTTER S6 4 I SY REMOVE CONCRETE DRIVEWAY & SIDEWALK $16 2C $ UNCLASSIFIED EXCAVATION $9 00 6 COMPACTED FILL/EMBANKMENT $20 00 ~?_ _~ SY SOD $750 8 2"ASPHALT PAVEMENT(TYPE D PATCH MAT) $75 00 9 4"CONCRETE FLATWORK (COLORED & TEXT) A 0 TO ~00 gQ YDS $~4 00 ~B__ SV I01SQ YDSTO UP $54001 10 I 6"CONCRETE PAVEMENT(RADIUS,ETC) A ~, SY 0 TO $0 SQ YDS $39 25] C_5 _ __ _ 101 TO S00 SQ YI~ $28 ool ~ 6" CONCRETE PAVEMENT (RADIU~,ETC-WITH FIBER~) A I SY 0 TO ~0 SQ YD$ $30 Bil SY SITOI00~Q YDS $3015 _C~[ SY_ IOITO~OOSQ YDS $2890 12 8'* CONCRETE PAVEMENT (RADIUS, ETC) A SY 0 TO ~0 8Q YDS $33 75 B SY $1 TO 100 SQ YI~ C SY 101 TO ~00 SQ YDS 13 I 8" CONCRETE PAVEMENT(RADIUS, ETC-WITH FIBERS) A ~ SY 0TO ~0$Q YDS $3465i B. SY 51 TO 100 SO Yl~ C~ ~ SY 101 TO $00 SQ YDS $32 05 14 I CY ~ ONE SACK CONCRETE BACKFILL $S0 00 lS. EA '~ ADJUfT MANItOLI~ AND INLET~ 16 EA 4' ID MANHOLE (0'-6' DEFFH) $1,200 00 VF EXTRA DEPTH $100 17 EA ! S'X5' JUNCTION BOX (9'TO 6'DEPTH) $1,S00 00] I VF EXTRA DEPTH $100 00] 18 EA 4' INLET (0'TO 6' DEPTH) $1,350 00 VF EXTRA DEPTH $100 7 BID # 2075 FLOYD SMITH BID NAME CONTRACT CONCRETE WORK CONCRETE INC I OPEN DATE JULY 29, 1997 PAGE 2 OF 3 19 L EA 6' INLET (0' TO 6' DEPTH) SI,SO0 00 VF EXTRA DEPTH Siso 0~ 20 EA 8' INLET (0' TO 6~ DEPTH) $1,6SO VF EXTRA DEPTH $1SO 21 VF EXTRA DEPTH $200 0~ 22 ] REBUILT INLET (REMOVE & REPLACE TOP) A t!--EA 4' INLET S700 0C C 8' INLET :5800 23 E~i REBUILT EXISTING INLET (SPECIAL) B 6* INLET $1,600 C 8* 1NLET $1,800 00 24 LS L BARRICADES, WARNING SIGNS & DETOURS $250 00] i DOWEL-ON INTEGRAL CURB $6.001 2S LF 26 LF DOWEL-ON INEGRAL C1JRB (WITH FIBERS) $6.90 27 CONCRETE CURB & GUTTER A ~ LF 0* TO 2SO' $7 7S B L LF 2S1' TO 1,000' C LF 1,00l* - UP $7901 29 OVERLAY MILLED Cb"aB 0'TO UP S6 SO 30 OVERLAY MILLED CURB 0' TO UP/FIBERS $6 90 31 I LF 30" SURMOUNTABLE CURB $10 SO 32 30" SURMOUNTABLE CURB / fiBERS $11 40 6" CONCRETE DRIVEWAY 33 ] A 0 TO SO SQ YI~ :529 25 B* SI TO 100 SQ YDS S29 2Si C ! SY I 101 TO SOO SQ YI~ S28.001 BID# ~207~ FLOYD SMITH BID NAME CONTRACT CONCRETE WORK CONCRETE INC OPEN DATE JULY ~29, 1997 PAGE 3 OF 3 # , ....... VZNDOS. 34 6" CONCRETE DRIVEWAY/FIBEI~ A $¥ 0TO$0SQ YDS $30 !$ B SY $1 TO 100 SQ YDS $3~ 15 _ C SY 101 TO $00 SQ YI~ $28 90 35 I 4"CONCRETE SIDEWALK A I SY 0TO$0~Q YDS $270~ B I SY $1TOI0~SQ YDS $27 00 C S¥ I 101 TO 1000 SQ YDS $25 00 36 ] 4"CONCRETE SIDEWALK/FIBERS A SY I 0 TO 50 SO YD$ $2? 90 B SY fll TO 100 SQ YDS $2790 C SY 101 TO S00 SO YDS $25 90 37 CONCRETE MEDIANS $22 50t 38 CONCRETE RIP RAP & DRAINAGE FLUME~ $29 39 SAW CUT(EXISTING ASPHALT) $1 fl0 40 LF SAW CUT(EXI~I~ING CONCRETE) $3 00 41 CY STRUCTURAL CONCRETE (CLASS A) $350 00 4:2 CY CONC FOR LIGHT STANDARD EASES $:225 00 43 EA CONC FOR TRAFFIC CONTROL pULL BOX $300 00 44 SY CONCRETE PADS FOR SPAN SHELTERS $33 75 45 I EA WATER SERVICE ADJUSTMENTS $250 00 46 I LS MISC SPINKI.,ER SYSTEM ADJUSTMENTS $250 00 STEPS (SF) $8 5~ 9 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 2 day of SEPTEMBER A D , 19 97 , by and between THE CITY OF DENTON of the County of DENTON and State of Texas, acting through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed "OWNER," aha FLOYD SMITH CONCRETE, INC P.O. BOX 1781 ~NTON0 TX 76202 of the City of DENTON , County of DENTON and State of TEXAS , hereinafter termed ,,CONTR3kCTOR " WITNESSETH That for and zn conszderatlon of the payments and agreements hereznafter mentioned, to be made and performed by OWNER, and under the conditions expressed ~n the bonds attachea hereto, CONTRACTOR hereby agrees with OWNER to commence an~ complete performance of the work speclfzed below BID # 2075 - CONTRACT CONCRETE WORK zn the amount of NOT TO E~R~ $300.000.00 and all extra work ~n connection therewath, under the terms as stated an the General Conditions of the agreement, and at h~s (or their) own proper cost and expense to furnlsh all materials, supplies, machznery, equipment, tools, superintendence, labor, znsurance, and other accessories and servzces necessary to complete the work specified above, in accordance w~th the cond~tzons and przces stated in the Proposal attached hereto, and zn accordance w~th all the General Condlt~ons of the Agreement, the Speclal Condztlons, the Notice to Bzdders (Advertisement for Bzds), Instructzons to Bidders, and the Performance and Payment Bonds, all attached hereto, and an accordance wlth the plans, which zncludes all maps, plats, CA - 1 blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ENGINEERING DEPARTMENT all of which are made a part hereof and collectively evidence ana constitute the entire contract Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the C~ty of Denton, Texas, for the purposes of ~ncome tax, w~thholdlng, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit City shall not have supervlslon and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement ~atlon 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 occasmoned by any error, omission or negligent acu of Contractor, its officers, agents, employees, lnvltees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of tmme as are provided by the General and Special Conditions The OWNER agrees to pay the CONTRACTOR ~n current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement ~n the year and day f~rst above written ATTEST ~--~ ~~ ~/F] ~ ~ _~ CITY OF DENTON By ATTEST FLOYD SMITH CONCRETE, INC CONTR3~CTOR MAILING ADDRESS PHONE NUMBER ER PRINTE~ N~E APPROVED AS TO FORM (SEAL) Ci~/Y~Att°rney / AAA0184D Rev 08/14/96 CA - 3 BID # 2075 SIDE%VALK CURB AND GUTTER BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That we as principal, and the other subscribers hereto as sureties, are held and firmly bound unto the City of Denton, Texas, a municipal corporation, its successors and assigns, at Denton, Texas, in the sum of One Thousand ($1,000 00) the payment of which will and truly be made, we hereby bind ourselves, our heirs, successors, and assigns, forever firmly by these presents, WITNESS OUR HANDS ON THIS the /? day of ~PV~/~/~ A D 199~ The condition of the above obligation is such that whereas the sald~tO~D ~n~H~O^lP~-r~ 7~,%/~_. has made application for a permit to construct, repair and reconstruct s~dewalks and/or curbs and gutters in the City of Denton, Texas, NOW THEREFORE, if the said ~/m~/~ ~l r~ (~OAJP~ r~/ ~--~/~-~ shall do all work in the construction, repair, and reconstruction of any sidewalk and/or curb and gutter in a good and workmanlike manner, and if the said ~Z~gVD .~r~l~ ~/~(~.~6.. ~-~/~ shall faithfully and strictly compiy with the specifications and with the terms of all Clty ordinances, resolutions, and regulations that are now or may be in effect, in Denton, Texas, relating to the construction, reconstructlon and repairs on sidewalks and/or curbs or gutters, and if the City of Denton shall be fully indemnified and held whole and harmless from any and all cost, expense or damage, whether real or asserted on account of any injury done to any person or property ~n the prosecution of sa~d work, that may ar~se out of or be occasioned by the performance of sa~d work by the principal herein, and if sa~d principal shall without additional cost to the person for whom the work was done, maintain all s~dewalks, and/or curbs or gutters, so constructed, reconstructed, or repaired by the sa~d principal for a per~od of one year from the date of such construction, reconstruction or repair, to the satlsfactlon of the C~ty Engineer, and shall reconstruct or repair such s~dewalk and/or curb and gutter to the satisfaction of sald City Engineer of the C~ty of Denton, Texas at any t~me w~th~n one year after the construction, reconstruction or repair of such s~dewalk and/or curb or gutter, upon a ten day not~ce from sa~d engineer, then th~s obligation shall be null and void, otherwise, ~t shall remain ~n full force and effect The term of this bond shall be for a per~od of one year from the date hereof CB - 1 WITNESS OUR HANDS ON, THE DAY, MONTH AND YEAR ABOI~E WRITTEN APPROVED Mayor C~ty Attorney AAA046E3 CB 2 ¢_ CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below It m highly recommended that bidders confer w,th the,r respective insurance carriers or brokers to determine m advance of Bid submission the availability of insurance certificates and endorsements aa prescribed and provided herein. If an apparent Iow bidder fads to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract STANDARD PROVISIONS: W~thout hm~t~ng any of the other obhgat~ons or habd~t~es of the Contractor, the Contractor shall prowde and maintain untd the contracted work has been completed and accepted by the C~ty of Denton, Owner, the m~mmum ~nsurance coverage as indicated 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 written request to the Purchasing Department, ask for clarification of any insurance requirements at any t~me, however, Contractors are strongly adwsed to make such requests prior to b~d opemng, since the ~nsurance requirements may not be modified or waived after b~d opemng unless a written exception has been submitted w~th the b~d Contractor shall not commence any work or deliver any material until he or she receives not,flcat~on that the contract has been accepted, approved, and signed by the City of Denton All ~nsurance pohc~es proposed or obtained ~n satisfaction of these requirements shall comply with the following general specifications, and shall be maintained ~n comphance w~th these general specifications throughout the duration of the Contract, or longer, ~f so noted · Each pohcy shall be ~ssued by a company authonzed to do business ~n the State of Texas w~th an A M Best Company rating of at least "A" · Any deductibles or self-~nsured retentions shall be declared ~n the b~d proposal If requested by the City, the insurer shall reduce or eliminate such deductibles or self-~nsured retentions w~th respect to the C~ty, ~ts AAA00350 REVISED 10/12/94 Insurance Requirements Page 2 officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim adm~nmtratlon and defense expenses · Lmb~hty pohcms shall be endorsed to prowde the following · ® Name as additional ~nsured the C~ty of Denton, ~ts Officials, Agents, Employees and volunteers · · That such insurance is primary to any other insurance available to the additional ~nsured with respect to claims covered under the policy and that thru ~nsurance applies separately to each ~nsured against whom claim ~s made or su~t ~s brought The ~ncluslon of more than one ~nsured shall not operate to increase the ~nsurer's hmlt 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 ~nsurance be prowded under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a permd of three years beyond the contract explratlon, such that occurrences arising during the contract term which g~ve rise to claims made after exp~ratmn of the contract shall be covered · Should any of the required insurance be provided under a form of coverage that ~ncludes a general annual aggregate hm~t prowd~ng for claims investigation or legal defense costs to be included ~n the general annual aggregate hmlt, the contractor shall e~ther double the occurrence hm~ts or obtain Owners and Contractors Protective Llab~hty Insurance · Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the C~ty receives satmfactory evidence of reinstated coverage as required by th~s contract, effective as of the lapse date If ~nsurance ~s not reinstated, C~ty may, at ~ts sole option, terminate thru agreement effective on the date of the lapse AAA00350 REVISED 10/12/94 Gl - 2 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS. All insurance pohcms proposed or obtained ~n satisfaction of th~s Contract shall addmonally comply w~th the following marked spemfmat~ons, and shall be maintained m comphance w~th these additional spec~flcatmns throughout the duratmn of the Contract, or longer, ~f so noted IX] A General Liablhty Insurance General L~ab~hty ~nsurance w;th combined single hm;ts of not less than $1,000,000 shall be prowded and mmntamed by the contractor The pohcy shall be written on an occurrence bas~s e~ther ~n a s~ngle pohcy or m a comb;nat~on of underlying and umbrella or excess pohc;es If the Commerc;al General L~ab~hty form (ISO Form CG 0001 current ed;tmn) ~s used · Coverage A shall include premmes, operatmns, products, and completed operatmns, ~ndependent contractors, contractual hab~ht,/ covenng this contract and broad form property damage coverage · Coverage B shall ~nclude personal ~njur,/ · Coverage C, medmal payments, ~s not required If the Comprehensive General L;ab;hW form (ISO Form GL 0002 Current Edmon and ISO Form GL 0z~04) ~s used, ~t shall include at least · Bodily injury and Property Damage L~abd~ty for premises, operations, products and completed operations, ~ndependent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures a Broad form contractual hab~hty (preferably by endorsement) covenng thru contract, personal ~njury habd~ty and broad form property damage habd~ty AAA00350 .Ev~SED ~o~ 2/s4 C I - 3 Insurance Requirements Page 4 [X] Automob,le L,abillty Insurance Contractor shall prowde Commerc,al Automobile Llab~hty ~nsurance w~th Combined S~ngle L,m~ts (CSL) of not less than $500,000 00 e~ther m a s~ngle policy or m a combination of basic and umbrella or excess pohc,es The pohcy w~ll ~nclude bodily injury 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 Sat~sfaction of the above requirement shall be ~n the form of a pohcy endorsement for · any auto, or · all owned, h~red and non-owned autos [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation ~nsurance which, ~n addition to meeting the minimum statutory requirements for ~ssuance of such insurance, has Employer's L~ablhty hm~ts of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 pohcy hm~t for occupational disease The C~ty need not be named as an "Additional Insured" but the rnsurer shall agree to waive all rights of subrogation against the C~ty, ~ts offlc,als, agents, employees and volunteers for any work performed for the C,ty by the Named Insured For building or construction projects, the Contractor shall comply w~th the prows~ons of Attachment 1 m 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 L,ab,l,ty Insurance The Contractor shall obtain, pay for and maintain at all t~mes during the prosecut,on of the work under th~s contract, an Owner's and Contractor's Protective L~ablhty insurance pohcy naming the C~ty as ~nsured for property damage and bodily injury which may arise ~n the prosecution of the work or contractor's operations under this contract Coverage shall be on an AAA00350 REVISED 10/12/94 Insurance Requirements Page 5 "occurrence" basra, and the policy shall be msued by the same ~nsurance company that carnes the contractor's hab|hty ~nsurance Pohcy hm~ts wdl be at least combined bodily ~njur,/ and property damage per occurrence w~th a aggregate [ ] F~re Damage Legal Llabdlty Insurance Coverage ;s requ;red ~f Broad form General Lmbd~t,/ ~s not prowded or ~s unavailable to the contractor or ~f a contractor leases or rents a port,on of a C~ty building L~m~ts of not less than each occurrence are required [ ] Professmnal Liability Insurance Professional hab~hty ~nsurance w~th hm~ts not less than per claim w~th respect to neghgent acts, errors or omissions ~n connectmn w~th professional serwces ~s required under th~s Agreement [ ] Builders' Risk Insurance Budders' R~sk Insurance, on an AII-R~sk form for 100% of the completed value shall be prowded Such pohcy shall ~nclude as "Named Insured" the C~ty of Denton and all subcontractors as their ~nterests ma,/appear [ ] Additional Insurance Other ~nsurance may be required on an ~nd~wdual bas~s for extra hazardous contracts and specific serwce agreements If such additional ~nsurance ~s required for a specific contract, that requirement w~ll be described ~n the "Specific Conditions" of the contract spec~flcatmns AAAO0350 REVISED 10/12/94 Gl - 5 Insurance Requirements Page 6 ATTACHMENT 1 [X] Worker's Compensation Coverage for Budding or Construction Projects for Governmental Entitles A Deflmt~ons Certificate of coverage ("certlflcate")-A copy of a certificate of ~nsurance, a certificate of authority to self-;nsure ~ssued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensat;on ;nsurance coverage for the person's or entlty's employees prowd;ng serwces on a project, for the duration of the project Duration of the project- includes the t~me from the beg~nmng of the work on the project untd the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons prowd~ng serwces on the project ("subcontractor" ~n §406 096) - ~ncludes all persons or ent~tms performing all or part of the serwces the contractor has undertaken to perform on the project, regardless of whether that person contracted d~rectly w;th the contractor and regardless of whether that person has employees Thru ~ncludes, w;thout hm~tat~on, independent contractors, subcontractors, leasing compames, motor carriers, owner-operators, employees of any such entity, or employees of any ent;ty which furmehes persons to prowde serwces on the project "Serwces" include, w,thout I~m~tat~on, prov;d~ng, hauling, or del;venng equipment or matermls, or prowd~ng labor, transportation, or other serwce related to a project "Serwces" does not ~nclude act;wries unrelated to the project, such as food/beverage vendors, office supply dehvenes, and dehvery of portable todets B The contractor shall prowde coverage, based on proper reporting of classification codes and payroll amounts and fll~ng of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011 (44) for all employees of the contractor prov~d;ng services on the project, for the duration of the project AAAO0360 .~WSE~ ~0~2/9,~ Cl - 6 Insurance Requirements Page 7 C The Contractor must prowde a certificate of coverage to the governmental entity prmr to being 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, prmr to the end of the coverage period, file a new certificate of coverage w~th the governmental entzty showing that coverage has been extended E The contractor shall obtain from each person providing serwces on a project, and prowde to the governmental entity (1) a certificate of coverage, prmr 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 services on the project, and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showzng extension of coverage, ~f the coverage per~od shown on the current certificate of coverage ends during the duration of the project F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter G The contractor shall notify the governmental entity ~n writing by certified ma~l or personal dehvery, w~th~n 10 days after the contractor knew or should have known, of any change that materially affects the prows~on of coverage of any person provtd~ng serwces on the project H The contractor shall post on each project s~te a not~ce, ~n the text, form and manner prescribed by the Texas Workers' Compensation Comm~ssmn, mform~ng all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage AAAO03§O REVISED 10/12/94 Insurance Requirements Page 8 The contractor shall contractually require each person w~th whom ~t contracts to prowde serwces on a project, to (1) provide coverage, based on proper reporting of class~flcatmn codes and payroll amounts and flhng of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011 (44) for all of Its employees prowdmg services on the project, for the duration of the project, (2) prowde to the contractor, pnor to that person beg~nmng work on the project, a certificate of coverage showing that coverage ~s being prowded for all employees of the person prowdlng serwces on the project, for the duration of the project, (3) prowdethe contractor, pnor to the end of the coverage permd, a new certificate of coverage showing extensmn of coverage, ~f the coverage permd shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person w~th whom ~t contracts, and prowde to the contractor (a) a certificate of coverage, prior to the other person begmmng work on the project, and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage penod, ~f the coverage penod shown on the current certificate of coverage ends during the duration of the project, (5) retain all required certificates of coverage on file for the duratmn of the project and for one year thereafter, (6) not~f¥ the governmental entity ~n writing by certified mall or personal delivery, w~th~n 10 days after the person knew or should have known, of any change that materially affects the prows~on of coverage of any person prowdmg serwces on the project, and AAAO0350 REVISED 10/12/94 Gl - 8 Insurance Requirements Page 9 (7) contractually require each person 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 prowd~ng serwces J By s~gmng thru contract or providing or causing to be prowded a certificate of coverage, the contractor ~s representing to the governmental entity that all employees of the contractor who wdl prowde services on the project be covered by workers' compensatmn 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 wdl be filed w~th the appropriate insurance carrier or, m the case of a self-insured, with the commission's D~wslon of Self-Insurance Regulation Prowdmg false or misleading reformation may subject the contractor to admm~stratwe penalties, criminal penalties, c~vd penalties, or other c~vd actions K The contractor's fadure 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 not~ce of breach from the governmental entity AAA00350 REVISED 10/12/94 CI - 9 Concrete Work WOP. K DAYS BID NO. PO BID TABULATION SHEET 2 l.s I Ring and cov.r Unit Price in Words, Two hundred and 00/]00 dollars 3-A Remove Concrete Pavement SY J $ 16.20/SY $ Unit Price in Worde~ Sixteen and 20/100 dollars 3-B Concrete Curb & LF $ 6.00/LF $ Gutter Unit Price in words. Slx and 00/100 dollars Remove Concrete Driveway SY $ 16.20/sY & Sidewalk Unit Price in Words- Sixteen and 20/100 dollars 3 3 Unclasszfied Excavation CY $ 9.00/CY $ Unit Price in Words Nine and 00/100 dollars 3 7 Compacted Fill/Embankment Unit Price in Words, Twenty and 00/100 dollars 3.9 Sod SY 7 5~SY $ Unit Price in Words~ Seven and50/]00dollars Unit Price in Words, Seventy flue and 00/100 dollars a. 0 to 100 Sq Yds. SY $ 54.00/SY $ Unit Price in Words~ Fifty four and 00/100 dollars I b 101 Sq Yds to up SY I $ 54.00 /SY $ Unit Prlce in Words. Fifty four and 00/100 dollars P - 3 ~cncrete Work WORK DAYS BID NO. PO NO BID TABULATION SHEET 5 8-A 6" Concrete Pavement (Radius, Etc ) a 0 to 50 Sq Yds SY $ 29 25/SY Unit Price in Words Tweuty nine and 25/100 dollars b 51 to 100 Sq Yds SY $ 29.2~Sy $ Unit Price in Words. Tw~ety nine and 25/100 dollars c 101 to 500 sq Yds [ SY $ 28.0~sy $ Unit Price in Words Twenty eight and 00/100 dollars 5 8-A 1 6" Concrete Pavement (Radius, etc - with fibers) a O to 50 Sq Yds SY $ 30.1~SY $ Unit Price In Words. Thirty and 15/100 dollars b. 51 to 100 Sq Yds SY Is 30'15/SY $ Unit Price in Words Thirty and 15/100 dollars c. 101 to 500 Sq. Yds SY $ 28 9~SY Unit price in Words Twenty eight and 90/100 dollars 5 8-B 8" Concrete Pavement (Radius, etc ) a Oto$OSq Yds SY I$ 33.75/SY I $ Unit Price in Words iThlrty three and 75/100 dollars b 51 to 100 Sq. Yds. SY $ 33.75 /SY $ Unit Price in words~ Thirty three and 75/100 dollars c. 101 to 500 Sq Yds SY $ 31.15/sy Unit Price in Words Thirty one and 15/100 dol]ars P - 4 Concrete Work WORK DAYS BID NOs PO NOs BID TABULATION SHEET 5 8-B 1 8" Concrete Pavement (RadLus, etc - w~th f~bers) a. 0 to SO Sq Yds SY $ 34.65/S¥ I $ Unit Price in Words Thirty four and 65/100 dollars I b 51 to 100 Sq Yds SY $ 34.65/SY I $ Unit price in Words, Thirty four and 65/100 dollars c 101 to 500 Sq Yds. SY I $ 32.05 /s¥ $ Unit price an words Thirty two and 05/100 dollars 6 2 10 I One Sack Concrete Backfill $ 50.00 /CY $ (C) Unit Price in Words Fifty and 00/100 dollars 6 7 2-A I Adjust Manhole and Inlets EA $ 550.00 /EA $ Unit Price an Words Five hundred fifty and 00/~00 dollars 7 6 A-1 4' ID Manhole (0' to 6' Depth) $1,200 00/EA $ Unit Price an Words. Twelve hundred and 00/]00 dollars Unit Price in Words~ One hundred and 00/100 dollars Unit Price in Words Fifteen hundred and 00/100 dollars unit Price in Words. One hundred and 00/100 dollars unit price in Words Thirteen hundred fifty and 00/100 dollars unit Price in Words e hundred and 00/100 dollars P - 5 ~oncrete Work WORK DAYS BID NO PO NO~ BID TABULATION SHEET Unit Prate in Words F~fteen hundred fzfty and 00/100 dollars 7.6 A-4{1) Extra Depth I VF $ 150.0~VF [ $ Unit Price in Words One hundred fzfty and 00/100 dollars unat Price in Words Sixteen hundred f~fty and 00/100 dollars 7 6 A-5 Extra Depth VF $ 150 0~F $ (1) Unit Price an Words One hundred flfty and 00/100 dollars 7 6 A-6 10, Inlet (0' to 6' EA $ 1,750 0~A $ Depth) Unit Price an Words Seventeen hundred fifty and 00/100 dollars 7 6 A-6 Extra Depth VF $ 200.0~VF $ (1) Unit Prace in Words Two hundred and 00/100 dollars 7 6 A-7 Rebuilt Inlet (Remove and Replace Top) a 4, Inlet EA $ 700 00/EA $ Unit Price in Words Seven hundred and 00/100 dollars b 6, Inlet EA $ 750.00 /EA $ Unit Prace in Words Seven hundred fifty and 00/100 dollars c 8' Inlet EA $ 800.00 /EA $ Unit Price in Words. Elght hundredand 00/~00 dollars d 10, Inlet EA $ 850 00 /EA $ Unlt Prace ~n Words Elght hundredflfty and 00/100dollars P - 6 Concrete Work WO~ DAYS BID NO: PO NO: BID TABULATION SHEET 7 6.A-S Rebuilt Ex~sting Inlet (Special) a 4, Inlet EA $1~500.0~EA $ Unit Prace an Words. Fifteen hundr~ ~d 00/100 dollars unit Price in words* Szxteen hundred and 0~100 dollars c 8' Inlet EA $1,800.0~EA $ Unlt Price an Words Eighteen hundred and 00/I00 dollars d 10' Inlet EA $27000 0~EA $ Unat Prace in Words Two thousand and 0~100 dollars 8 1 Barricades, Warnlng Signs LS $ 250.0~LS $ & Detours Unit Price in Words ~O hundr~ fifty and 00/]00 dollars 8 2 Dowel-On Integral Curb LF $ 6 0~LF U.it Price in Words SlX and 00/100 dollars 8 2 1 Dowel-On Integral Curb LF $ 6.90/LF $ ~With Fibers% Unat Price in Words ~]x and 90/1)0 ~ll~rs 8 2-A Concrete Curb & Gutter a O' to 250' LF $ 7.75/LF $ Unit Price in Words. Seven and 75/100 ~llars b 250' to 1,000' LF $ 7.75 /LF $ Unit Price in Words. ~even and 75/]00 dollars c 1,001' - up LF $ 7.00 /LF $ Unit Price in Words ~even and 00,'~00 dollars P - 7 Concrete Work WO~ DAYS BID NO~ PO NO BID TABULATION SHEET 8 2-A 1 Concrete Curb & Gutter (With Fibers) a O' to 250' LF $ 8.65/LF $ Unit Price in Words Eight and 6f /100 do lars I b 251' to 1,000' LF $ 8.65/LF $ Unit Price ~n Words El~t and 65/100 dollars lC 1,001' -uP LF $ ?.90/LFI$ Unit Price in Words Seven a~ 90/100 dollars Unit Price in Words Six and 00/100 dollars 8 2 A-2 I Overlay Milled Curb 0' to SY $ 6 90/LF I UP/Fibers Unit Price in Words SIX and 90/100~llars S 2 A-2 I 30" Surmountable Curb LF $ 10.50/LF I $ Unit Price in Words Fen and 50/100 dollars ~,~8 2 A- 30" Surmountablecurb/Fibers I SY I $ ll 40/LF I $ Unit Price in Words. Zleven and 40/100 dollars 8 3 I 6" Concrete Driveway a 0to5OSq Yds SY $ 292~s¥ $ Unit Price ~n Words ~enty nine a~25/100 dollars b. 51 to 100 Sq Yds I SY $ 29.2.SY15 Unit Price in Words. ~enty nine a~25/100 dollars c 101 to 500 Sq Yds SY $ 28.0~sY $ Unit Price in Words ~enty el~t and 00/100 dollars P - 8 Concrete Work WO~ DAYS BID N0~ PO NO BID TABULATION SHEET 8 3 1 $" Concrete Driveway/Fibers a 0 to 50 Sq. Yds S¥ $ 30.1~SY $ Unit Price in Words ~lrty and 15/100 ~llars b. 51 to 100 Sq Yds SY $ 30.15/s¥ $ Unit Price in Words ~lrty and 15/100 dollars c. lOltoSOOSq. Yds Is¥l$2890/s¥$ Unit Price in Words ~enty el~t and 90/100 dollars 8 3-A 4" Concrete Sidewalk a 0 to 50 Sq. Yds SY $ 27.00/SY Unit Price ~n Words ~enty seven and 00/100 dollars b 51 to 100 Sq Yds SY $ 27.0~SY Unit Price in Words ~enty seven a~ 00/200 dollars c 101 to 1,000 Sq Yds SY $ 25.0~SY $ Unit Price in Words= ~en~ five and 00/100 ~llars 8 3-A 1 4" Concrete Sidewalk/Fibers a 0 to 50 Sq Yds SY $ 27 90 /SY $ Unit Price in Words ~enty seven and 90/100 dollars b 51 to 100 Sq. yds. S¥ $ 27 90 /sY $ unit Price in Words ~enty seven and 90/]00 dollars c 101 to 500 Sq. Yds. SY $ 25.90 /SY Unit Price in Words. ~enty five and 90/100 dollars unit Price in Words. ~enty two and 50/100 ~llars P 9 Concrete Work WO~ DAYS BID PO NO= BID TABULATION SHEET 8.6 Concrete Steps SF $ 8.50/SF Unit Price in Words: El~t and 50/100 dollars S 15 DrainageC°ncrete Rip-Rap andFlumes [ SY $ 29'25/s¥ I $ Unit Price in Words* ~enty nme and 25/100 ~llars unit Price in Words* ~e and 50/100 dollars SP-2 [ Saw Cut (Existingconcrete% ] LF I $ 3'00/LF [ $ Unit Price in Words~ ~ree and 00/100 dollars SP-3 [ Structural Concrete ICY $ 350.00/CY [ $ Unit Price in Words ~ree hundr~ fzfty a~ 00/100 ~llars SP-4 ]Conc for Light Standard CY $ 225.00/CY [ $ Bases Unit Price in Words. ~O hundred twenty five and 00/100 dollars SP-6 Ic°nc' f°r Traffic c°ntr°lPull BOX EA $ 300.00/EA [ $ Unit Price in Words* ~ree hundr~ aN 00/1~ ~llars SP-7 Concrete Pads for SpanShelters sYl$33'75/sYls Unit Price in Words ~rty t~ee and 75/100 dollars SP-8 Water Service Adjustments EA [ $ 250.0~EA [ $ Unit Price in Words* ~o ~r~ f~fty a~ 00/100 dollars SP-9 [ Mist Sprinkler SystemAd4ustments ]LS [ $ 250.0~LS [ $ Unit Price in Words. ~o hundr~ fifty and 00/100 ~llars P - 10 This bid will be in effect for a period of one year from date of award, but may be extended for additional one year periods If agreed upon, in writing, by both parties with all prices and conditions remaining the same. In submitting this bid, the vendor agrees that acceptance of any or all bid items by the City of Denton, Texas within a reasonable period of time constitutes a contract. The completed Bid Proposal must be properly priced, signed, and returned. P.O. Box 1781 FLOYD SMITH CONCRFTE INC. Mailing Address Bidder City State Zip Code Sign'at~ (904) 565-0114 President Telephone Title P - 11 Iq~4XJ0~q THIE CERTIFICATE IS IESUED AS A MAI'rER OF INFORMATION ONLY AND OONPERD NO RIGHT8 UPON THE CERTIFICATE HOLDER THI$ OERTIFICATE DOED NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED DY THE RAMEY A KINGI INSURANO$ POWC:IE8 BELOW ~o & ~ ~dte A COMPANIES AFFORDING COVERAGE C0~ANY A THE THAVELER8 INBURANCE ~,~NY B FlOyd Glenn Smith P O BOX 17S1 ~'Y D O{]~4P~'~Y E ~s m TO o~m,n' TH^~r T.E .out,mm o~ ,NSU~O~ US~ m~U~W H^V~ m~...u~D TO T.E ,..U.~ .~E~ .mOVE FO. THE .OUC¥ CF.~TIFICA'I~ MAY lie ,88UED OR MAY pERTAIN, THE INSUl~Oe AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SU&JECT TO ALL THE 'I'ERMS EXCLUSlONa AND CO~I31~ON~ O~ 8UDH I~JCIEa UMI~ SHOWN MAY HAVE B~EN ~EDUCED BY PAID CLAIMS CITY OF DENTON ADDmONAL INSURED lB OITY OF DENTON, ITS OFRCIAL8, AGEHTE, EMPLOYEES AND VOLUNTEER8. DENTON TX 78~01 f~ECEIVEC 9 23 97, 11 59AM, 18173637302 => 3ENTON*CITY*ACCTG, #2 ~ER~FICATE OF INSURANCE ~ ALL~ATEIN,~U~E~M~NY ~ ~ATEIND~N~M~NY ~ ~ATET~8 LL~D's THIS ~.I~TB I~1~ Hs~o and ~m M ~ to~ thio ~tifloate le teau~ Na~e and Add~al ~ I~ PURGH~NG DEPT ~ ~X 178~ A~N ~ SHA~ DENTON TX 76201-~781 ~(940 ) 349-7302 ~lth~l~ &ny,r~dm~, ~m ~ ~hdltlow ~ any ~ M ~her d~ wlkh ~ to ~h lhlg ~llflo~e may ~ I~ of may meLtERS, ~kY IadU~ ~ AOO!~ ,, S ........ ~LY I~URY BY Dl~A~ ~ ~l ~U~ UM~ 86 ~ F3SQ~T~D THE STATE OF TEXAS ' COUNTY OF DENTON ' KNOW ALL MEN BY THESE PRESENTS That FLOYD SMITH CONCRETE, INC, whose address is P,O, BOX 1781 BENTON, TX 76202, hereinafter called Pnnmpal, and Universal Surety of America , a corporation orgamzed and existing under the laws of the State of TEXAS, and fully authorized to transact business in the State of Texas, as Surety, are held and fm'nly bound unto the City of Denton, a mumclpal corporation orgamzed and existing under the laws of the State of Texas, hereinafter called Owner, m the penal sum of THREE HUNDRED THOUSAND and no/100 -- ($300,000 00) plus 10 percent of the stated penal sum as an addmonal sum of money representing adchtional court expenses, attorneys' fees, and hqmdated damages arising out of or connected vath the below ~denUfied Contract, m lawful money of the United States, to be prod m Denton County, Texas, for the payment of which sum well and truly to be made, we hereby b~nd ourselves, our heirs, executors, administrators, successors, and asmgns, jointly and severally, firmly by these presents T!us Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement wtuch ~ncreases the Contract price, but ~n no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of thru Bond THE OBLIOATION TO PAY SAME m conditioned as follows Whereas, the Prmmpal entered ~nto a certzJn Contract, ldenttfied by Ordinance Number 97-261, w~th the C~ty of Denton, the Owner, dated the 2 day of September A D 1997, a copy of which is hereto attached and made a part hereof, for BID # 2075 -- CONTRACT CONCRETE WORK NOW, THEREFORE, ~fthe Pnnclpal shall well, truly and faithfully perform and fulfill all of the undertahngs, covenants, terms, condmons and agreements of said Contract in accordance with the Plans, Spemficat~ons and Contract Documents dunng the original term thereof and any extenmon thereof wbach may be granted by the Owner, w~th or w~thout not~ce to the Surety, and dunng the hfe of any guaranty or warranty reqtured under tbs 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 smd Contract that may hereaiter be made, not,ce of wluch modifications to the Surety being hereby wmved, and, if the Pnnmpal shall repmr and/or replace all defects due to faulty materials and workmanslup that appear wgh~n a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner, and, if the Prmmpal shall fully mdemmfy and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense wluch the Owner may mcur m malang good any default or deficiency, then flus obhgatlon shall be void, otherwise, ~t shall remain in full force and effect PROVIDED FURTHER, that ff any legal action be filed upon this Bond, exclumve venue shall he m Denton County, State of Texas PERFORMANCE BOND - Pa~e 1 AND PROVIDED FURTHER, that the smd Surety, for v~due recmved, hereby sttp~flates and agrees that no change, extensmn of tune, ~dterat~on or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Speclficattons, Drawings, etc, accompanying the same, shall m anywtse affect its obhgat~on on tlus Bond, and it does hereby wmve nottce of any such change, extenmon of trine, alteratton or addxt~on to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Spemficat~ons, Drawxngs, etc Thru Bond ts gxven pursuant to the pmvmtons of Chapter 2253 of the Texas Government Code, as amended, and any other apphcable statutes of the State of Texas The undermgned and demgnated agent is hereby demgnated by the Surety hereto as the Remdent Agent m DENTON County to whom any reqmmte notmes may be dehvered and on whom servtce of process may be had tn matters anmng out of such suretyship, as provtded by Artmle 7 19-t of the Insurance Code, Vemon's Annotated Ctvfl Statutes of the State of Texas IN WITNESS WHEREOF, tlus instrument ts executed ~n 4 cop~es, each one of which shall be deemed an original, th~s the 2 day of September, 1997 ATTEST PRINCIPAL BY BY ~'' ATTEST SURETY ~nivers~ Surety of America AT~SRN~/hS-IN-FACT The Remdent Agent of the Surety tn Denton County, Texas for dehvery of nottce and service of the process is NAME Ramey & Kin$ Insurance STREETADDRESS 830 s 135 suite A, Denton, Tx 76205 (NOTE Date of Performance Bond must be date of Contract IfRemdent Agent is not a corporation, give a person's name ) PERFORMANCE BOND - Page 2 PAYMENT BOND THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That FLOYD SMITH CONCRETE, INC, whose address is P.O. BOX 1781 DENTON, TX 76202, herelnai~er called Pnneipal, and Universal Surety of America , a corporation organized and existing under the laws of the State of TEXAS, and frilly authorized to transact business in the State of Texas, as Surety, are held and firnfly bound unto the City of Denton, a mumclpal corporation orgamzed and exlsung under the laws of the State of Texas, herelna~er called Owner, and unto all persons, firms, and corporations who may furmsh materials for, or perform labor upon, the bmlding or improvements herema~er referred to, in the penal sum of THREE HUNDRED THOUSAND and no/100---($300,000.00) m lawful money of the Umted States, to be prod m Denton County, Texas, for the payment of wlmch sum well and truly to be made, we hereby bind ourselves, our heirs, executors, admunstrators, successors, and assigns, jointly and severally, firmly by these presents Tlus Bond shall automattcally be increased by the amount of any Change Order or Supplemental Agreement wtuch increases the Contract price, but in no event shall a Change Order or Supplemental Agreement wluch reduces the Contract price decrease the penal sum of flus Bond THE OBLIGA~ON TO PAY SAME is eondmoned as follows Whereas, the Prmmpal entered into a certain Contract, lden~fied by Ordinance Number 97-261, with the Caty of Denton, the Owner, dated the 2 day of September, A D 1997, a copy of which is hereto a~ached and made a pa~ hereof, for BID # 2075 -- CONTRACT CONCRETE WORK NOW, THEREFORE, if the Pnnmpal shall well, ~uly and faithfully perform its duties and make prompt payment to all persons, firms, subcon~aetors, corporations and clmmants supplying labor and/or material m the prosecution of the Work provided for in smd Contract and any and all duly authorized modifications of smd Con~aet that may herea~er be made, nouce of w~ch modafieatmns to the Surety being hereby expressly waived, then this obhgatlon shall be vmd, othervose it shall rematn in full force and effect PROVIDED FURTI-IEIL that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas AND PROVIDED FURTHER, that the smd Surety, for value received, hereby sttpulates and agrees that no change, extension of tune, alterauon or addmon to the terms of the Contract, or to the Work performed thereunder, or to the Plans, Spemficataons, Drawings, etc, accompanying the same, shall m anywtse affect its obligation on flus Bond, and at does hereby wmve notme of any such change, extension oftlme, alteration or adchuon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Speelficataons, Drawangs, ete This Bond is gaven pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas PAYMENT BOND - Page i The undersigned and designated agent ts hereby designated by the Surety herein as the Resident Agent m DENTON County to whom any reqmmte notices may be delivered and on whom service of process may be had in matters anmng out of such suretyship, as provided by Amcle 7 19-1 of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, thru msmunent is executed in 4 copies, each one ofwMch shall be deemed an original, this the 2 day of September, 1997. ATTEST PRINCIPAL Floyd Smith Concrete~ Inc BY BY SECRETARY ~' PR~b~',I¥ ' TM ATTEST SURETY Universal Suretyof America The Remdent Agent of the Surety m Denton County, Texas for delivery of notice and service of the process is NAME Ramey & King Insurance STREET ADDRESS 830 s I35 Suite A, Denton, Tx 76205 (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person's name ) PAYMENT BOND Page 2 UNIVERSAL SURETY OF AMERICA P O BOX 106g .Houston, Texa~ 77251-1068 GFN ERAL ?OWER OF ATTORNEY - ( ERTIF1EB COPY Cathy Mffier principal H,yd Stnllh Concrute Obllgee C ily nl ~ntan, TX Amount $3~ Amertaaalam[~lmgh[Id°nlh~ llfll~b~VofJu}Y 1984 ..... flhe~ ~ora . nayb~affixcd.rprmlcdbgf~¢~heloa~Y UNIVERSAL su~TV OF AMER{( A Court* of HsrrI, - "- W kc, not,~ public, perinnally appeared l~hn ~'~d (,~l N under my hand m{d thc qcal (d qld conlp~ny, at ]ttmaon Texas Ibis RT~ (~y of ~ ToBER 19 07