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1997-348AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDiNG FOR THE EXPENDITUR~ OF FUNDS THEREFOR, AND PROVIDiNG FOR AN EFFECTIVE DATE WHEREAS, the City has solicited, received and tabulated competmv¢ bids £or the construction of pubh¢ works or improvements m accordance with the procedures o£ STATE law and City ord,nances, and WHEREAS, the City Manager or a designated employee has received and recommended that the hereto described bids are the lowest responsible bids for the construction of the public works or improvements described in 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 ofpubhc works or improvements, as described in 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 NUMBER CONTRACTOR AMOUNT 2080 I)BR CONSTRUCTION $ 53,327.00 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 herein accepted and approved, until such person shall comply with all reqmrements specified in the Notice to Bidders including the timely execution of a written contract and furmsbang 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 m accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice 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 compet~tave b~ds and the execution of contracts for the pubhc works and ~mprovements as authonzed here~n, the City Council hereby authorizes the expenditure of funds m the manner and an the amount as specffied in such approved b~ds and authorized contracts executed pursuant thereto ~ECTION V That this ordinance shall become effectave ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED thas the day of ~t~/~/~' .1997 JACK MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2 BID # 2080 I~ID NAME COMMUNITY SIDEWALKS - WEST H & J FLOYD DBR SIDE OF BOLIVAR CONST SMITH CONST OPEN DATE 8-7-97 # QTY DIL~CRIPTION ?E_N_DO~R VENDOR _ VENDOR TOTAL BID AWARD $49,318 00 $53,886 05 $53,327 00 BID BOND YES YES YES CONTRACT AGREEMENT STATE OF TEXAS ~ COUNTY OF DENTON ~ THIS AGREEMENT, made and entered into this 2 day of DECEMBER A.D., 19 97, by and between CITY OF DENTON of the County of D~NTaN and State of Texas, acting through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed "OWNER," and 2301 HINKLE DR DENTON, TX 76201 of the City of D~NTON , County of DENTON and State of TEXAS , 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 with OWNER to commence and complete performance of the work specified below: RID ~ 2080 -- COMMUNITY SIDEWALKS-WEST SIDE BOLIVAR in the amount of $53~327.00 and all extra work In connection therewith, under the terms as stated in the General Conditions of the agreement; add at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General 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 CA - I accordance with the plans, which includes all maps, plats, blueprints, and otherdrawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: ENGINEERING DEPARTMenT AND CDEG DEPARTMENT all of which are made a part hereof and collectively evidence and 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 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 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. to 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 claims and demands. Choice Q~ 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 star~ of work as set forth In written notice to commence work and ~omplete 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, the parties of these presents have executed this agreement in the year and day first above wrltten. ~, By (SEAL) ATTEST: ~!~ ~ -- CONT~CTOR ~ILING ADDRESS N~BER ~RINTED N~E APPROVED AS TO FO~: ' (S~L) City Attorney AAA0184D Rev 07/28/94 CA - 3 Ot'JD PRE'WJUM BASED ON FINAL CONTRACT PRICE Bona #729568 CO~ O~ D~O~ , ~OW ~ ~ ~y ~ P~S ~ ~R CO~U~O~, w~ qapitol Ind~mni~y Corporation , a ~O~on ~ ~d ~ ~ ~ hw$ of~e S~ of 't'~, ~ ~ly ~ M ~ b~ m ~c S~ ofT~ ~ S~tf, ~ ~Id ~d ~ ~ ~to ~ ~ ofD~ a mm~ co~ I~s of~ S~ cfTc, h~ ~1~ ~, m ~e p~ ~ of Mdm~ ~ ~s~, ~m~' f~s, ~d hqmd~ · e below ~dm~fl~ Coa~ m lawhl mon~ of ~e Umt~ ~ ~ ~ prod m Donton Co~, T~ for ~e pa~ ofw~ s~ ~1 ~ ~y ~ be ~ we ~y biM o~elv~, o~ h~ ~ Bond ~1 ~ly be ~o~ by ~ ~o~t of~y ~ga O~= or Su~l~ A~t wh~ ~ ~e Coa~ price ~ ~ ~ ~ offs Boa& ~E OBLIGA~ON ~ PAY S~ ~t~ rotc a c~n Con~ ~d~flfiM by O~ce N~b~ 97~4~ ~ ~e Ct~ of D~to~ · e ~, ~ tho 2 ~y of DE~ER A D. 19~, a ~py or.ch is h~o ~ ~d rome a p~ h~K for BID g 2080 - ~~ ~EW~.~T ~E OF NOW, ~O~, ff~e ~c~p~ of my ~ or w~ ~ ~d~ m,s ~n~ ~d ~ ~o well ~ ~ly p~o~ ~d · ~11 ~1 ~e ~n~, ~v~t~ te~, ~ons ~d a~ of ~y ~d ~I ddy ~ ~e S~y bern8 h~by wmv~, ~ ~f~e P~d~ ~ail f~l~ mat~s ~ _ ~mpl~on ,~ ~ ~ep~ce of ~e Wo~ by ~ ~ ~ ff ~ ~cip~ s~l ~y ~ md savc ~ ~c ~n~ ~n o~ ~l~ to M ~o~ ~m ~1 ~s~ ~ ~g~ w~ch ~ may su~ b~ s~l bc void. o~l~, ~t s~ ~a m ~l ~o~c nd c~t PRRFOI~%~CE DOND - Page 1 PROVID~r~ IrORTH~R, that ffeny lo~al sctton ~ fiI~ upon ~s ~1 he ~ ~ ~, S~ta often. ~ PRO~ ~ ~ ~ ~ S~, for ~ ~v~ h~by ~p.m*~ ~d a~ ~ ~ c~g~ ~on of~ ~t~ ~ ~uon to ~ t~ of Wo~ to,~ p~o~ ~h~, or~ ~ P~ Sp~fi~o~ D~-~, ac., ~~ ~c ~ge, ~on of~c, Mtmfion or ~hon to ~ ~ of~e Co~c~ or m ~e Wo~ ~ be ~s Bond m ~ pm~t ~ ~c ~visiom of ~ 2253 of ~o T~ ~v~t C~e, ~ m~ ~ ~ o~ ~phc~le s~t~ of~ 8tm of T~ ~c ~d~i~ ~d dm~t~ ag~t ~ hmby d~ by R~id~t ~t in DEaN Co~ to w~m my ~m~ m~ ~y be &hv~ ~ of~ ~ M ~ m ~t~ ~ out of~ ~hlp, ~ ~d~ ~ ~cle 7 I~1 of thc ~ C~ V~on's ~o~t~ Ci~ Sta~t~ of ~c 8~te of T~ A~T: P~C}AL DBR Constr~ction C~y, Inc A~ST. A~O~.~-FA~ Marz Hart Candace Damiano N~ V R Damiano, Jr ~~DR~S~ 17774 Preston Rd , Dallas, TX 75252 ~OTE Date of Peffo~c~ Bond m~t be ~ ofCon~t IfR~td~t Ag~t m not a PERFORMANCE BOND - Pago 2 BOND PREMIUM BASED ON FINAL CONTRACT PRICE THE STATH ~ OF D~N ~OW ~ ~ BY ~E p~K~ ~ DB ~fl~v~ ,~,~- ~:~.-~ _~m~S~ofT~ ~ S~, ~d ------~--,m~p~t~OI-~ .~_~_ ~ --- -' v, ~, ~ ~ pa~ Otwm~ ~ well ~ ~y~ ~ ~ ~ h~y ~ o~l~ o= ~ ~ ~,~ ~ ..... ~ ............ . . - ~.,~ w~ ~ ~ ~n~t .... but ~ OB~GA~ON ~ PAY S~: -~ ~c a ~ h~ ~ ~ A~ 1997, a ~py ofw~ch ~a h~o ~ ~d NOW, ~~ if~ ~p~ ~ ~1~ ~y ~d fm~y p~o~ i~ d~ ~d labor ~ ~ ~ ~ P~Uhon of~e Wo~ pm~ ~r m ~d ~n~t d~y ~o~ mo~o~ o~ ~d ~t ~ may h~ ~ ~ noti~ of whi~ m~hons to ~e S~ ~ h~by ~ly w~v~ ~ ~s obh~ion ~I be vmd, P~O~ ~ ~ ~my 1~ ~Uon ~ fil~ ~ ~ he m D~on Co~, T~ ~ PRO~ ~ ~t ~e ~d S~, for ~ ~ ~by s~ ~! v~ c~ ~on of~c, ~on or ~tton ~ ~c t~ of~e ~n~t, or c~ge, ~on of~m~ ~hon or ~on ~ ~c ~ of~e ~n~ or ~ the Work ~obc p~o~ ~, or to ~e PI~ S~icaho~. Dm~s, ~. PAItl~ENT BOND - Page Thin Bomi Is given purmant ~o fl~ pmv~lons of Ouspter ~.53 of the Texas Gove~nm~t Cod~ a~ amended, ~ ~ o~ ~H~Io ~ of ~ S~ of T~. ~ ~ ~d d~ ~ m ~y d~t~ by ~ S~ ~ ~ ~e ~ A~ h D~N ~ ~ w~ ~y ~ m~ my ~ ~H~ ~ ~ whom ~ of~ ~ ~ ~ ~ m~ ~ ~ of~ ~p, ~ p~ ~ ~olc 7.1 ~t of ~ ~ ~, V~n's ~ Cs~ ~ of~e S~ of T~. ~S ~OF, ~ ~ a ~ ~ 4 ~l~ ~ one of which ~I be ~M ~ ~, ~is ~ 2 ~ of D~~ 1~7. ATTE,~T: PRINCIPAL DBR Construction Company, Inc, '"' ~ BY BY. ~ ~0~4~ . Candace Damiano C ~ ~ ~ ~. v. ~. n~o. ~, 10?''' - 8~DR~S:. [777~ Preston Rd , Dallas, TX 75252 ~ Da~o o~Pa~t Bo~ m~t ~ d~ ofCon~t I[R~d~t AS~ ~s not a PA~4EN'T BOND - Page INDEMNITY CORPORATION 4610 UNIVERSITYAVENUE SUITE 1400 MADISON WISCONSIN 53705 0900 PLEASE ADDRESS REPLY TO P O BOX 5900 MADISON WI 53705 0900 PHONE (608) 231 4450 * FAX (608) 231 2029 POWER OF A'I'rORNEY NO 4 5 5 @ 8 Krtew all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wts~onsf~ hawng ~ts pnnc~pal offices m ~he City of Madison, W~scons~n, does make, constitute and appoint -- V R DA.,~ZANO, J-E, SA.,~ES V D~I~O, C~ACE D~O, ~ ......... ............ · -~ R ~K, ~ts true and lawful A~rney(s)-~n-fact to make, execute, se~l and deliver for and on ~ts behalf, as surety, and as ~ act and deed, any and ~i b~nds, ~nde~akmgs and Centrals Of suretysh,p, ~rowded that no bond or unde~ak~ng or contract of Suretyship executed under mls authonty sba l exca~ m amount the sum of ............................. N~ TO EXCEED $5,~,~ ~ ............................. Th~s Power of A~orney ~s granted and ~s s~gned and sealed byfacs~m~le under and by the authonty of the following Resolution adopted by the Board of D~rectors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 5th day of May 1960 RESOLVED, that the Presider and V~ce Pres~dent~ the 8ecret~ o~ Treasurer acbng ~ndlwdually or othe~se be and lhey hereby are granted · e power and authorj~n to ~poi~{ by a Power of AEo~ey for ~e pu~ses only of executing ~d a~eshng bonds and unde~kmgs and other writings obligatory ~n the Oat~te tSereof one or more reside~t mca presidents assistant secretaries and aEorney(s) Jn fact each appointee lo have the ~wem and du~ss usual ~ such office to the bus~ne~s of th~ company, the s~gnature of su~ offtcers and seal of the Company may be aff~xeo to any such power of ~m~ or to any ce~flcate re~at~ng thereto by fa~im[le a~ a~ su~ power of attorney or csmhcats bearing such f~sJm[le signatures or facsimile seal shall be vahd and binding upon the Company and any such power so executed and ce~fled by facsimile s~gnatures and facsimile seal shall be vaJid and binding u~n the Company ~n the future with respect to any bond or unde~akmg or other writing obl~gato~ m the nature thereof to whl~ iJ Js a~ached Any such appointment may be revoked for cause or w~thout cause by any o~ said ofhcers at any l~me IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be s~gned by ~ts officer undersigned and ~ corporate seal to be hereto affixed duly aEested by ~ts Secretary, thru 1 st day of June, 1993 CAPITOL INDEMNITY CORPORA~ON ~hu,te Secret.~ ~ ~( /G~, Fait, Pres,dent COUN~ OF DANE On the 1 st day of June, A D, 1993, before me personally came George A Fa~t, to me known, who bemgby me duly sworn, d~d depose and say that he resides m the Coun~ of Dane, State of Wisconsin, that he is the President of CAPITOL INDEMN~Y CORPORATION, the corporation described ~n and which executed the above instrument that he knows the seal of the ~d corporation, that the seal affixed to sa~d instrument ~s such corporate seal, that ~t was so affixed by order of the ~ard of D~rectors of smd co~orat~on and that he s~gned h~s name thereto by I~ke order · * Peter ~ Hans COUN~ OF DANE Notaw Pubtlc, Dane Co, WI ..~1118~11~ My Commission Is Permanent CERTIFICATE l, the undersigned, duly elected to the office stated below, now the ~ncumbent ~n CAPITOL INDEMNITY CORPORATION, a W~sconsm Corporation, authorized to make th~s certificate DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains m full force and has not been revoked, and furthermore that the Resolution of the Board of D~rectors, set forth tn the Power of Attorney is now ~n force SIgned and sealed at the C~ty 0f Madtson Datedthe 2ad dayof ~December ,1997 This power is vahd only if the power of attorney number prlnte*:~'i~' upper right hand corner appears in red Photocop,es carbon copies or other reproductions are not birtd~ng on the company Inqumes concerning this power of attorney may be directed to the Bond Manager at the Home Off,ce of the Cap~tol Indemnity Corporation IMPORTANT NOTICE To obtain ~nformat~on or make a complaint You may contact the Texas Department of Insurance to obtain ~nformabon on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance P O Box 149104 Austin, TX 78714-9104 Fax #(512) 475-1771 PREMIUM OR CLAIM DISPUTES Should you have a d~spute concermng your premium or about a claim, you should contact the agent or the company first If the dispute is not resolved, you may contact the Texas Department of Insurance ATTACH THIS NOTICE TO YOUR POLICY. This notice ~s for ~nformat~on only and does not become a part or cond~bon of the attached document CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the Insurance raqmremants below. It is highly recommended that bidders confer w,th thmr respective Insurance carriers or brokers to determine In advance of Bid submission the ava,lability of insurance certificates and endorsements aa prescribed and provided herein If an apparent Iow bidder fails 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~tlng any of the other obhgat~ons or I~abd~t~es of the Contractor, the Contractor shall prowde and maintain untd the contracted work has been completed and accepted by the City of Denton, Owner, the m~mmum ~nsurance coverage as ~nd~cated hereinafter As soon as practicable after notification of b~d award, Contractor shall file wroth the Purchasing Department satisfactory certificates of ~nsurance, containing the b~d number and t~tle of the project Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any t~me, however, Contractors are strongly adwsed to make such requests prior to b~d opemng, s~nce the insurance 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 race,vas notification that the contract has been accepted, approved, and signed by the C~ty of Denton All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the follow~ng general specifications, and shall be maintained m compliance 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 m the State of Texas vv~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 C~ty, the ~nsurer shall reduce or ehm~nate such deductibles or self-insured retentions w~th respect to the C~ty, ~ts AAA00350 REVISED 10/12/94 Cl - 1 Insurance Requirements Page 2 officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related ~nvestlgat~ons, claim admmistrat~on and defense expenses · Llablhty policies shall be endorsed to provide the following · · Name as additional insured the C~ty of Denton, ~ts Officials, Agents, Employees and volunteers ®e That such Insurance is primary to any other insurance available to the additional ~nsured with respect to claims covered under the pohcy and that this ~nsurance applies separately to each ~nsured against whom claim ~s made or su~t ~s brought The ~ncluslon of more than one insured shall not operate to ~ncrease the ~nsurer's I~m~t of hab~l~ty · All pohc~es shall be endorsed to provide thirty(30) days prior written not~ce of cancellation, non-renewal or reduction m coverage · Should any of the required insurance be prowded under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of th~s contract and, w~thout lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which g~ve rise to claims made after expiration of the contract shall be covered · Should any of the required ~nsurance be prowded under a form of coverage that includes a general annual aggregate hm~t providing for claims ~nvest~gat~on or legal defense costs to be ~ncluded ~n the general annual aggregate I~m~t, the contractor shall e~ther double the occurrence hm~ts or obtain Owners and Contractors Protective L~ablhty Insurance · Should any required ~nsurance lapse during the contract term, requests for payments originating after sqch lapse shall not be processed untd the C~ty receives satisfactory ewdende of reinstated coverage as required by th~s contract, effective as of the lapse date If insurance ~s not reinstated, C,ty may, at ~ts sole option, terminate th~s agreement effective on the date of the lapse AAA00360 REVISED 10/12/94 Gl - 2 Insurance Requ,rements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All ,nsurance pohc~es proposed or obtained ~n satisfaction of th,s Contract shall addmonally comply with the following marked specifications, and shall be maintained in compliance w~th these additional specifications throughout the duration of the Contract, or longer, ,f so noted: [X] A. General Llab,lity Insurance. General L;ab~hty ~nsurance w~th combined single hm~ts of not less than 1.000.000 shall be provided and ma;nta~ned by the contractor The policy shall be written on an occurrence bas~s either m a s~ngle pohcy or ;n a combinat~on of underlying and umbrella or excess pohcles If the Commercial General L~abd~ty form (ISO Form CG 0001 current edition) ~s used · Coverage A shall include premises, operations, products, and completed operat;ons, independent contractors, contractual habd;ty covering th~s contract and broad form property damage coverage · Coverage B shall ~nclude personal injury · Coverage C, medical payments, ;s not requ;red If the Comprehensive General Llab~hty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) ;s used, ~t shall include at least · Boddy inlury and Property Damage L~ab~hty for premises, operations, products and completed operations, ;ndependent contractors and property damage resulting from explosion, collapse or underground (XCU} exposures · Broad form contractual Imblhty (preferably by endorsement) covering th~s contract, personal ~njury hab~hty and broad form property damage hab~hty AAAO0350 REVISED 10/12/94 CI - 3 Insurance Requirements Page 4 [X] Automobile Liability Insurance. Contractor shall provide Commercml Automobile Llab,hty ,nsurance w~th Combined S~ngle LIm~ts (CSL) of not less than 500.000 either m a s~ngle policy or m a combination of basic and umbrella or excess policies The pol,cy will include bodily injury and property damage hab~hW arising out of the operation, maintenance and use of all automobiles and mob;le equipment used In conjunction with th,s contract Satisfaction of the above requirement shall be m 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, m addition to meeting the m~mmum statutory requirements for ~ssuance of such ~nsurance, has Employer's L~ab~hty hm~ts of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 pohcy I,mlt for occupational disease The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the C~ty, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured For budding or construction projects, the Contractor shall comply w~th the provisions of Attachment 1 ~n accordance with §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 Liability Insurance The Contractor shall obta;n, pay for and ma;nta~n at all times dunng 'he prosecution of the work under th~s contract, an Owner's and Contractor's Protective L~ab~hty ;nsurance pohcy naming the C~ty as insured for property damage and bodily ;njury which may anse ~n the prosecut;on of the work or contractor's operations under this contract Coverage shall be on an AAA00350 REVISED 10/12/94 Gl - 4, Insurance Requirements Page 5 "occurrence" basis, and the policy shell be issued by the same Insurance company that carries the contractor's hab~hty ~nsurance Policy limits w~ll be at least combined bodily injury and property damage per occurrence with a aggregate [ ] Fire Damage Legal Liability Insurance Coverage is required If Broad form General L~abd~ty ~s not provided or ~s unavailable to the contractor or if a contractor leases or rents a portlon of a City building Limits of not less than each occurrence are required [ ] Professional Liability Insurance Professional liability ~nsurance with hm~ts not less than per claim with respect to negligent acts. errors or omissions ~n connection w~th professional serwces ~s required under th~s Agreement [ ] Builders' Risk Insurance Builders' R~sk Insurance. on an AII-R~sk form for 100% of the completed value shall be provided Such pohcy shall ~nclude as "Named Insured" the City of Denton and all subcontractors as their ~nterests may appear [ ] Additional Insurance Other insurance may be required on an ~nd~wdual bas~s for extra hazardous contracts and specific service agreements If such additional Insurance is required for a specific contract, that requirement w~ll be descnbed ~n the "Specific Conditions" of the cont~ract specifications AAA00350 ,~WS~D ~0/~2/~4 CI - 5 Insurance Requirements Page 6 ATTACHMENT 1 IX] Worker's Compensation Coverage for Budding or Construction Projects for Governmental Entities 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' compensation ~nsurance coverage for the person's or entlty's employees prowdmg serwces on a project, for the duration of the project Duration of the project - ~ncludes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons prowdmg serwces on the project ("subcontractor" ~n §406 096) - ~ncludes all persons or ent~tles 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 Th~s includes, w~thout hm~tat~on, independent contractors, subcontractors, leasing compames, motor carners, owner-operators, employees of any such entity, or employees of any entity which furmshes persons to prowde services on the project "Serwces" ~nclude, w~thout hm~tat~on, prowdmg, hauhng, or dehvermg equipment or matenals, or prowdmg labor, transportation, or other serwce related to a project "Serwces" does not ~nclude actiwt~es 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 flhng of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011 (44) for all employees of the contractor prowdmg serwces on the project, for the duration of the project AAA00350 REVISED 10112/94 CI - 6 Insurance Requirements Page 7 C. The Contractor must prowde a certificate of coverage to the governmental entity prior to being awarded the contract D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage w~th the governmental entity showing that coverage has been extended E The contractor shall obtain from each person prowd~ng serwces on a project, and provide to the governmental entity (1) a certificate of coverage, prior to that person beg~nmng work on the project, so the governmental entity w~ll have on file certificates of coverage show~ng coverage for all persons providing serwces on the project, and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends dunng 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 wntmg by certified mini 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 providing serwces on the project H The contractor shall post on each project site a notice, ~n the text, form a~d manner prescribed by the Texas Workers' Compensation Comm~ssmn, ~nform~ng all persons prowdmg serwces on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. AAA00350 REVISED 10/12/94 (~1 - 7 Insurance Requirements Page 8 h The contractor shall contractually require each person w~th whom ~t contrscts to prowde services on a project, to (1) provide coverage, based on proper reporting of classification codes and payroll amounts and fihng of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011 (44) for all of ~ts employees prowd~ng services on the project, for the duration of the project, (2) prowde to the contractor, prior to that person beg~nmng work on the project, a certificate of coverage showing that coverage ~s being provided for all employees of the person prowdmg serwces on the project, for the duration of the project, (3} provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, ~f the coverage period shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person w~th whom ~t contracts, and prowde to the contractor' (a} a certificate of coverage, pnor to the other person beginning work on the project; and (b} a new certificate of coverage showing extension of coverage, pnor 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 duration of the project and for one year thereafter, (6) notify the governmental entity ~n wnt~ng by certified ma~l or personal delivery, w~thln 10 days after the person knew or should have known, of any change that materially affects the prows~on of coverage of any person prowding serwces on the project; and AAA00350 REVISED 10112/~4 Gl ~ 8 Insurance Requirements Page 9 (7) contractually require each person with 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 providing services J. By slgmng this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who w~ll prowde services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements wdl be filed with the appropriate insurance carrier or, ~n the case of a self-insured, with the commission's D~vis~on of Self-Insurance Regulation Prowdlng false or misleading ~nformation may subject the contractor to administrative penalties, criminal penalties, clwl penalties, or other c~vll actions K The contractor's failure to comply w~th any of these provisions ~s a breach of contract by the contractor which entitles the governmental entity to declare the contract void ~f the contractor does not remedy the breach w~thm ten days after receipt of not,ce of breach from the governmental entity. AAA00350 ~"'VISED 10/1~'/94 CI - 9 BID SUMMARY TOTAL BID PRICE IN WORDS. **Fi'fty Three Thousand Three Hundred Twenty Seven and 00/100'* In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful clmms for labor performed and materials furnished in the fulfillment of the contract It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfact~on of the Engineer The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. Don Richards/President 2301 Hinkle Dr. Street Address Denton,TX 76201 City and State Seal & AuthonzaUon (If a Corpomuon) 940/383-3007 Telephone B-1 WORK DAYS 20 BID NO C0mmumty Sidewalks - West S,de of Bolivar PO NO BID TABULATION SHEET 3-C Remove Walks and Drives 1081 SY $ 9 oo /SY $ 9729 oo Umt Price in Words *Nine Dollars and Zero Cents* 31 Preparation of Raght-of-Way " ILS I$ 2500.00/LS I$ 2500 00 Umt Price in Words *Twenty Five Hundred and Zero Cents* Umt Price in Words kFifty Dollars and Zero Cents* 81 land Detours Umt Price m Words *Five Hundred Dollars and Zero Cents* [ Fiber Reinforcement Umt Price in Words ~ollars and Zero Cents $2500 OO/LS 2500 oo 21 retractors Warranties and -- Understa_nd,ngs Urat Price in Words ,Twenty Five Hundred Dollars and Zero Cents* SP-39 Project Sign 1 EA $ 200 oo/EA 20o oo Urat Price In Words Hundred Dollars and Zero Cents* 3-B Curb and Gutter 126 $ 10 00 /LF $ 1260 00 Umt Price m Words *Ten Dollars and Zero Cents* 3 3 'nclasslfied Excavation 45 CY 10 00/CY $ 450 oo Umt Price In Words Dollars and Zero Cents* 8 2-A '.oncrete Curb and 126 $ lO.oo/LF $ 126o oo Gutter Umt Price in Words Dollars and Zero Cents* ;P-2 Sawcut 799 LF $ 2 O0/LF $ 1598 O0 Urat Price in Words *Two Dollars and Zero Cents* P-3 WORK DAYS 20 BID NO Commumtv S~dew{~ll~ - W~st $l¢le of Bol,var PO NO BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT TOTAL PRICE 8 3-B 6" Concrete S,dewalk 127 SY $ 31 5o/SY $ 4000 00 w~th F~ber Umt Price m Words *Thirty One Dollars and Fifty Cents* Umt Price in Words Five Dollars and Zero Cents* *One Dollar and Zero Cents* J TOTAL J$ 53,397 00'* P-4 ~1~ CER~¢I~A~ I~ I~UED A8 A MAWR OF INFORM&~ON ONLY AND CONFER8 NO RI~H~ UPON ~E CER~OA~ HOLDER ~1~ DOE8 NOT AMEND~ ~ND OR A~R ~E COVERAGE AFFORDED BY ~0 S. ~E, Sure A , COMPANIES AFFORDING COVE~GE c~ B T~n~ kloy~ IM Co ~ 0 T~ We~ C~p I~ Fund Don A Wo~ere' Compe~Aatlorl pell~jf oeverl Exeoutlve ~1~ enl~ LlabI/~ and Au~ LIeblIIW Welv~ ef ~ub~et~ pmvld~ ~ ~ ¢~ SH~ ~Y OF ~E ABOVE D~C~IBED ~UCI~ B~ C~C6II Fn aE~ mE ~ ~Pi~ON DATE ~EREOF ~E ISSUING COMPLY WI~ END~VOfl TO ~ MAI~ ~ DAYS WRI~EN NO~CE TO ~E CE~ICATE H~ER N~ED TO D~ton A~ ~om Shaw ~' ~, ~ FAILURE TO ~IL SUC~ NO~CE ~H~ IMPOSE NO OBU~ON OR