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1996-105 ORDINANCE 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 solicited, received and tabulated competitive bids for the construction ofpubhc works or improvements in 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 SECTiOI~LI 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 ~ ~ AMOIJNT 1890 FLOYD GLEN SMITH CONCRETE CONTRACTOR $37,046 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 hereto accepted and approved, until such person shall comply with all requirements 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 nottficatlon 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 ~n accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto speclfymgthe terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive btds and the execution of contracts for the pubhc works and ~mprovements as authorized here~n, the C~ty Council hereby authorizes the expenditure of funds in the manner and ~n the amount as specffied ~n such approved b~ds and authorized contracts executed pursuant thereto SECTION V That th~s ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s the''~ day of ~4,, ,1996 BOB CASTLEBERRY, MA;R~-.~. ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CONTRACT DOC DATE MAY 7, 1996 ~ REPDRI TO Mayor and Members of the City Counml FROM Pock Svehla, Acting City Manager SUBJECT BID #1890 - WILLOWWOOD STREET SIDEWALK RECOMMENDATION. We recommend th~s b~d be awarded to the lowest b~dder, Floyd Glenn Smith Concrete Contractor, ~n the mount of $37,046 00 ~ This bid ~s for the construction of approximately 2,353 feet of four (4) feet wide s~dewalk along Wlllowwood Street from Wisteria Street west to McCormmk Street Included in the construction ~s the approximate 2,353 feet of s~dewalk, 150 feet of curb, gutter and driveway removal, 170 cu yards of excavation, 100 feet of toe wall and header wall, 934 square yards of hydromulch, fence relocation, asphalt patch and other assocmted act~wtles llACKGROIIND. Tabulation Sheet PROGRAMS.. DEPARTMENTS OR GROUPS AFFECTED: C~ty of Denton Street/Eng~neenng Dlws~on and the Cmzens of Denton ~ Thts project ~s funded from the CIP budget funds Originally $44,600 00 had been budgeted for this project, account #446-020-SWLK-9277-9152 Respectfully submitted Acting City Manager Approved Name Tom D Shaw, C P M Title Purchasing Agent 731 AGENDA CONTRACT AGREEMENT STATE OF TEXAS S COUNTY OF D~.NTON S THIS AGREEMENT, made and entered into this 7 day of MAY A.D. , 19 96 , by and between 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," and .. FLOg ~.~ ~IITH CONCRETE CO1FP~aCTOR P.O. BOX 1781 (1519 W?T.~WW~D DRIVE) DENTONr TEXAS 76202 of the City of DENTON , 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 thc bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID % 1890 - WILLOWWOOD STREET SIDEWALK in the amount of ~37~056.00 and all extra work in connection therewIth, under the terms as stated in the General Conditions of the agreement; and 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 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 ENGINEERING DEPARTMENT all of which are made a part hereof and collectively evidence and constitute the entire contract. Indeuendent 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. 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 of Law and Venu- This agreement shall he 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 not,ce to commence work and complete all work within the tim~ stated in the Proposal, subject to such extensions of tame as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the prlce or prices shown in the Proposal, which forms a part of this contract, such payments to be sub]ect to the General and Special Cond~tions of the Contract. CA - 2 IN WITNESS W}iEREOF, the parties of these presents executed this agreement in the year and d~y first above ~ (s~) ATTEST. - FLOYD GbENN SM~TI{ CONCRETE CONTRACTOR CONTRACTOR PHON~ NUMBER A~PROVED AS ~O ~0~: C~ty A~orney Rev 07/2t/94 CA - 3 PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That FLOYD GLENN rn.r.~.,~'~. Cn-~,A~TOR of the City of DENTON County of , and the Stats of TEXAS , as principal, and /~A/IIJ~/2~/~ ~f~'? 0/~ authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto _. CITY OF DENTON , OWNER, in the penal sum of THIRTY SEVEN THOURANn FIz-I-~ SIX DOLna~S and no/100 Dollars ($ 37,056.00 for the palrment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, Jointly and severally, by these presents: WHEREAS, ~he Principal has entered into a certain written contract with the Owner, dated the 7 day of 19.96 BID # 1890 - W??.~nWWOOD STREET to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were cop~ed at length herein. PB - 3 PROVIDED FURTHER, that if any legal action be filled upon thls bond, venue shall l~e in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of ---, ur urawlngs accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed th~s instrtument this /~ day of ~y , Prlncipal~ Surety Title O~,~ ¢ / Title/$- 77~9/~/J~ Address: ~ (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: NOTE: Date of Bond must not be prior to date of Contract. AAA0184D Rev. 07/28/94 PB - 2 PERFORMANCE BOND STATE OF TEXAS ~ COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That ~n~n ~.T.~,. ~MT~. ~ONe,~ CONtRaCTOR , of the City of D~N County of ~ , and State of ~s as PRINCIP~, and [~A//~/~L ~/~rV D~ ,~~ , as S~ETY, authorized ~der ~e laws of the State of Texas ~o act as surety on bonds for principals, are held and fi~ly bo~d unto ~e '~'~ ci~ OF D~N as 0~, in ~e penal s~ of ~ s~ ~ou~ F~ s~x ~.~.~ and 00/100 ....................... Dollars ($ 37.056.00 ) for the pa~ent whereof, the said Principal and Surety bind ~emselves, and their heirs, a~inistrators, executors, successors and assigns, Jointly and severally, by ~ese presents: WHEREAS, the Principal has entered into a certain wrLtten contract with the OWNER, dated the 7 day of MAY , 19 96 , for the construction of BID % 1890 - WIF.?Z~OOD ~TWRRT ~Tn~waT,~ which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond ~s executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on th~s bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - 1 Surety, for value received, stipulates and agrees that no change, extension of time, alteratLon or addition to the terms of the contract, s---~ .... or to the work performed thereunder, or the plans, ~clzloa~lons, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the sa~d Principal and Surety have slgned and sealed this instrument this /0 day of /~/~\/ (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: ( AAA0184D Rev 07/28/94 PB - 4 MAINTENANCE BOND THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL HEN BY THESE PRESENTS: That ..FLOYD ~,~N S~T~ -NT~A Res Principal, and OP a corporation aut~horized to do business in the State of Texas, Surety, do hereby acknowledge themselves to be held and bound ~os pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the SiI~ of T~.~. THO~-q&~ SEVEN ~RED FIVE AND 6O/lO0--- ne payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, Jointly and severally. This obligation is conditioned, however, that: WHEREAS, said _F~OYD ~.~NN SMITH CONCRETE CO1T~aCTOR has this day entered into a written contract with ~he said City of Denton to build and construct BID ~1890- WILLOWWOOD S~T SIDe'ranK w~ich contract and the plans and specifications therein mentioned, aaopted by the City of Denton, are filed with the City Secrete of sa~d City and are hereby expressly incor~ora~ WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will malntaln and keep in good to b. don. and p.rfo .d for a ~- v-~ ta~ year =rom the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover ell defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on t-his obligation, and said Contractor and surety shall be subject to the and this bond. omply with the terms and prov~sions of said contract th._sai .Contractor .hall p.rform its .~. __~_~_t~_~"=a%n_sa~a cons:ruc:lon and keep same in repair for ~v~'~-~erloa or one (1) year, as herein and said contract ~ , unmn ~nese presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is fUrther agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the . ~, -xnaus=ea, and it is further understood that the oblagation to maintain said work shall continue throughou~ said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said f-AO~D J/i~/f/~ ~/~c~rt~ as Contractor and Principal, has caused these presents to be as surety, has C~ed these presents to be executed by its and the said Attorney-in-Fact has hersunto set has hand ,has SURETY: PRINCIPAL: AAA0184D Rev 07/28/94 MB - 2 UNIVERSAL SURETY OF AMERICA P O. BOX 1068 .Houston, Texas 77251.1068 GENERAL, POWER OF ATTORNEY. CERTIFIED COPY [b~,~ O914152 00 Know All Men by Thom Presents That UNIVERSAL SURETY OF AMERICA a corparauofl duly oruamzed and ex,sUns um:~r the laws o! thu State of Texas and havmg tis prmcapnl offi~ m Houston. Texas. do~s by throe presents make. consumte and eppomt Cathy Miller tis t~ue and lawful Attorney(s) m-Fact, wtth I'uU power and authortO/h~by conf~m~d m tm name. place and stead to ex,cute, anknowledge ano dchver bonds for Principal. Floyd Snuth Concrete Contractor Obllgee' C~tyofDenton Texas Amount' $37 056 00 and ti) bcd the t.ompany thereby as folly and to the same extant as ~f ~uch bonds warn =~gned by the Prestd=nt sealed w~th the coi~orate seal ol- the ~ompany and duty attested by tis a~'.ratnry, h~reby rat~fymg and c. onfirmtn$ all that the said Attorney(s)-tu l::n~.t may do w~ti~n the above stated hm,at~ons Satd appomlment ~s mad~ under and by authonly of the followtn$ resoluuon adopted by the Board of Du'e~tora of Universal Surety Amert..a at a meeun8 held on the 11 th day of .luly 1 Be It Resolved that the President and any Vtc.~ President. Secretary or any Assistant Secretary shall b~ and ~s hereby vested with mil powe- red autbor~ to appoint any one or mom aut~able l:~'sons as Attorney(s) tn Fnut to represent and act for and on behalf of the Company RESOLVED that the slsnaturu ct any officer of the corporatmn, and the seal of the curl~oraUon may be affixed or prmted by tans]mtlle ~o an.. ~wer ol attorney ct the corporauon, and that such pnnted fair. rathe agnature and seal shall b~ vahcl and bmthng upon the ~.orporat~on In WItMes Wherenf. Universal Surety of America bM caused these preannts to b~ signed by Its President. John Knox. Jr and ~tz corporele anal to be hereto affixed this l~th day of April. A.D. lggS UNIVERSAL SURETY OF AMERIC State of Texas C.ounty of On thb ISth day nf pe~nnlJy kno~ ac,nowled~ to me thai fha cor~rntton exeeut~ II [ ~e undemgn~J Secra~ of Umversal ~lgmal Power iff Attorney lasu~d by sa~d Com~ny and do ~reby f~ar camry ~at t~ s~d Power of Attorney ~s soil m ~fe~t GIVEN under ~ny hand ~d ~e seal of sa~d comply, at Houston Texas th~s 10TH day of MAY 19 96 For venficatmn of 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 availab,lity of insurance certificates and endorsements as 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: Without limiting any of the other obhgaflons or I;ab;l~tms of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the C~ty of Denton, Owner, the m~mmum ~nsurance coverage as md;cared hereinafter. As soon as practicable after notification of b~d award, Contractor shall file w~th the Purchasing Department satisfactory certificates of ~nsurance, containing the bid number and title of the project Contractor may, upon wntten request to the Purchasing Department, ask for clarification of any ~nsurance requirements at any time, however, Contractors are strongly adv.sed to make such requests prior to b~d opemng, since the ~nsurance requirements may not be mod;fled or waived after b~d opening 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 notification that the contract has been accepted, approved, and signed by the City of Denton All ~nsurance pohcies proposed or obtained ~n satisfaction of these requirements shall comply w~th the following general specifications, and shall be maintained ~n comphance with these general specifications throughout the duration of the Contract, or longer, ,f so noted. · Each pol,cy shall be ~ssued by a company authorized to do business m the State of Texas w~th an A M. Best Company rating of at least A · Any deductibles or self-insured retentions shall be declared ~n the b~d proposal If requested by the C,ty, the ~nsurer shall reduce or ehmmate such deductibles or self-~nsured retentions w~th respect to the C,ty, ~ts AAAO03§0 REVISED 10112/94 CI ' 1 Insurance Requirements Page 2. offlc,als, agents, employees and volunteers, or, the contractor shall procure a bond guaranteesng payment of losses and related ~nvestsgations. claim adm,mstrat~on and defense expenses. · Liab,lity polimes shall be endorsed to prowde the following: e® Name as addit,onal insured the City of Denton, ,ts Off, cials, Agents, Employees and volunteers. · · That such insurance is primary to any other insurance available to the add,tional insured w,th respect to cia,ms covered under the pohcy and that this insurance applies separately to each insured against whom claim is made or suit ,s brought. The ,nclusson of more than one ,nsured shall not operate to increase the ~nsurer's hm,t of llab,hty · All pohc,es shall be endorsed to provide th,rty(30) days pr,or written not,ce of cancellation, non-renewal or reduction ,n coverage · Should any of the requ,red ,nsurance be prov,ded under a cia,ms-made form, Contractor shall mainta,n such coverage cont,nuously throughout the term of th~s contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising dunng the contract term which give rise to claims made after exp,ration of the contract shall be covered. · Should any of the required insurance be prov,ded under a form of coverage that ~ncludes a general annual aggregate limit prov,ding for claims investigation or legal defense costs to be ~ncluded ,n the general annual aggregate Ilm,t, the contractor shall e~ther double the occurrence I,m,ts or obtain Owners and Contractors Protect,va L~ab~hty Insurance. · Should any requ,red ~nsurance lapse during the contract term, requests for payments originating after such lapse shall not be processed unt,I the C,ty receives satisfactory ewdence of reinstated coverage as requ,red by th~s contract, effective as of the lapse date If ~nsurance ,s not reinstated, C,ty may, at ~ts sole option, terminate th,s agreement effective on the date of the lapse. AAA00350 insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All ~nsurance policies proposed or obtained ~n satisfaction of th~s Contract shall additionally comply w~th the following marked specifications, and shall be maintained an compliance w~th these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General L,ab~l~ty ~nsurance w~th combined s,ngle I~m~ts of not less than 1,000,000 shall be provided and maintained by the contractor The policy shall be written on an occurrence bas~s either in a single pohcy or m a combination of underly;ng and umbrella or excess pol~c;es If the Commercml General L~ab~hty form (ISO Form CG 0001 current edition) ~s used · Coverage A shall include premises, operations, products, and completed operations, ~ndependent contractors, contractual I~abli~ty covering th~s contract and broad form property damage coverage · Coverage B shall ~nclude personal ~njur¥ · Coverage C, medical payments, ~s not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Ed;t~on and ISO Form GL 0404) ~s used, ~t shall include at least · Bodily ~njury and Property Damage L~ab~l~ty for premises, operations, products and completed operations, ~ndependent contractors and property damage resulting from explos;on, collapse or underground (XCU) exposures. · Broad form contractual hab~hty (preferably by endorsement) covenng th~s contract, personal mlury hab~l~ty and broad form property damage I~ab~l~ty AAA00350 ~WSED 10/12~4 CI - 3 Insurance Requirements Page 4 [X] Automob,le Liability Insurance: Contractor shall prowde Commercial Automobile L~ab~hty ~nsurance w~th Combined Single L~m~ts (CSL) of not less than 500,000 either in a single policy or ~n a combination of basic and umbrella or excess pohcles The pohcy wHI include bodily injury and property damage liab~hty ans~ng out of the operation, maintenance and use of all automobiles and mobile equipment used ~n conjunction 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 [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, ~n addition to meeting the m~nimum statutory requirements for ~ssuance of such insurance, has Employer's Llab~hty hm~ts of at least $100,000 for each accident, $100,000 per each eml~loyee, and a $500,000 pohcv hm~t for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all r~ghts of subrogation against the C~ty, its officials, agents, employees and volunteers for any work performed for the C~ty by the Named Insured For budd,ng or construction projects, the Contractor shall comply w~th the prows~ons 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 Llablhty Insurance The Contractor shall obtain, pay for and maintain at all times dunng the prosecution of the work under th~s contract, an Owner's and Contractor's Protective Liability insurance pohc¥ naming the C~ty as ~nsured for property damage and bodily ~njury which may anse ~n the prosecution of the work or contractor's operations under th~s contract Coverage shall be on an AAA00350 REVISED 10/12/94 Insurance Requirements Page 5 "occurrence" basts, and the policy shall be ~ssued by the same msurance company that carries the contractor's habthty ~nsurance Pohcy hmtts w~ll be at least combined bodily ~njury and property damage per occurrence wtth a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required tf Broad form General Liabtltty ts not provtded or ts unavadable to the contractor or if a contractor leases or rents a portton of a Ctty bu~ldtng. Limtts of not less than each occurrence are requtred. [ ] Professional Liability Insurance Professtonal habthty ~nsurance wtth limits not less than per claim with respect to negligent acts, errors or om~sstons m connectton w,th professional servtces ts requtred under th~s Agreement [ ] Builders' Risk Insurance Builders' Risk Insurance, on an AII-Rtsk form for 100% of the completed value shall be prov,ded. Such pohcy shall tnclude as "Named Insured" the Ctty of Denton and all subcontractors as thetr interests may appear [ ] Additional Insurance Other tnsurance may be requtred on an md~wdual bas,s for extra hazardous contracts and specific servtce agreements If such addtttonal insurance ~s required for a specific contract, that requtrement wtll be described tn the "Spectfic Conditions" of the contract spectflcations AAA00350 ~-v~sEo ~o,2~4 CI - 5 Insurance Requirements Page 6 ATTACHMENT I [X] Worker's Compensation Coverage for Budd,ng or Construction Projects for Governmental Entitles A. Definitions Certificate of coverage ("certlflcate")-A copy of a certificate of insurance, 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 insurance coverage for the person's or entlty's employees providing serv.ces on a project, for the duration of the project Duration of the project - ~ncludes the time from the beg~nmng of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing serwces on the project ("subcontractor" ~n §406 096) - includes all persons or entitles 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 This ~ncludes, w~thout hmitat~on, independent contractors, subcontractors, leasing compames, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to prowde serwces on the project "Services" ~nclude, without hmltatmn, prowdmg, hauhng, or dehvenng equipment or materials, or prowdlng labor, transportation, or other service related to a project "Services" does not mctude act~wtles unrelated to the project, such as food/beverage vendors, office supply dehvenes, and delivery of portable todets. B. The contractor shall provide 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 R~WS£O ~on~/~4 Cl - 6 Insurance Requirements Page 7 C The Contractor must provide 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, 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 obtain from each person providing services 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 will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after recmpt by the contractor, a new certificate of coverage show,ng extension of coverage, ~f the coverage period shown on the current certificate of coverage ends during the duration of the prolect. 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 certified mall or personal delivery, w~thln 10 days after the contractor knew or should have known, of any change that materially affects the prowslon of coverage of any person prowdmg services on the prolect H The contractor shall post on each project site a notlce, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons prov,dlng services on the prolect that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. AAA00360 REVISED 10112/94 Cl - 7 Insurance Requirements Page 8 I. The contractor shall contractually require each person w~th whom ~t contracts to provide services on a project, to. (1) prowde 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, Section 401 011 (44) for all of ~ts employees prowd~ng serwces on the project, for the duration of the project, (2) prowde to the contractor, prior to that person begmmng work on the project, a certificate of coverage showing that coverage ~s being prowded for all employees of the person prowding services on the project, for the duration of the project; (3) prowde the contractor, prior to the end of the coverage per~od, 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 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 a new certificate of coverage showing extension of coverage, prior to the end of the coverage per~od, ~f the coverage per~od 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 prolect and for one year thereafter, (6) not~fy the governmental entity ~n writing by certif,ed ma~l or personal delivery, within 10 days after the person knew or should have known, of any change that mater~ally affects the prov,s~on of coverage of any person prov~dtng serwces on the project; and ~,AOO350 REVISED 10112J94 CI - 8 Insurance Requ,rements 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 prov,ded to the person for whom they are prowding services. J. By signing this contract or providing or causing to be prowded a certificate of coverage, the contractor ia representing to the governmental entity that all employees of the contractor who w~ll prowde serwces on the project w~II 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 w~ll be filed w~th the appropriate ~nsurance carrier or, ,n the case of a self-insured, w~th the commission's Diws~on of Self-Insurance Regulation. Providing false or m~sleadmg ~nformatlon ma,/ subject the contractor to admmistratwe penalties, criminal penalties, clwl penalties, or other c~wl actions. K. The contractor's failure to comply w~th any of these prows~ons Js a breach of contract by the contractor which e~t~tles the governmental enttW to declare the contract void Jf the contractor does not remedy the breach w~th~n ten days after receipt of notice of b'reach from the governmental entity. AAAO0350 I~cVlSED 10112/e4 Gl - 9 BID SUMMARY TOTAL BID PRICE IN WORDS ~hlrt¥ seven thousand fifty slx dollars & 00/700 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 claims 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 satisfaction of the Engineer. The undersigned certifies that the bid prices cont=~ned In this proposal have been carefully checked and are submltted as correct and final. Unit and lump-sum prices as shown for each Item listed in this proposal, shall control over extensions. Floyd Glenn Smith Concrete Contractor BY loj ~,0. Box 1781 (1519 Wlllowwood Drive) Street Address Denton~ TX76202 City and State Seal & Authorization (If a Corporation) ~817) 565-0114 Telephone B - 1 WO~KDAYS BID NO W£11owwood Street S£dew~k PO NO. BID TABULATION SHEET X~X~ DBSCRXIM~XON QUM{~X~Z UNXT PRXCB 3-a ~ve ~ne~e~e Unl~ P~ioe in Wo~ds: Four dol & 50/100 3-C R~ve ~nc~e~e D~iveway 50 SX $ 16.20 /SY $ 810.~ Unl~ P~icm in Wo~ds, Sixteen ~llars & 20/100 ~n~ *~.~ ~n ~o~d~, S~ne do [ars & 00/100 3.8 Top so~l S CX $ 45.00 /~ $ 225.~ ~nit ~loe In word., Forty f~ dollars & 00/100 5.7 Asphal~ Patch (2" Type D) 2 $1~.00 Ton $ 200.~ Unit Price in Words~ ~e dollars & ~/100 sP-12 ~locate ~llbox 5 $ 25.00 /~ $ 125 00 Un&t Price In Worde:~enty dollars & 00/100 8.3-A 4" Co.c~ete Sidewalk 1,008 22.00 /SY ~2~176.00 Unl~ PNloe in Wo~dS,~enty t~o dollars & 00/100 8.3-B 6" ~ncrete Sidewalk 38 SX 8 27.00 /sx S 1,026.00 Unit Price In Worda~ ~enty ~ven dollars a 00/~ 8.3-c ~ncre~e Toe Wall 44 LF S 8.00 /LF S 352 00 °,. .oo 8.3-D I Concrete Header 25 LF Unit P=ice in Words: Eight dollars ~ 00/100 P - 3 WO~ DAYS ~ BID NO. W£11o~ood Street SLdewal~ PO NO. BID T~ULATION SHEET SP-2 ~ncrete Saw ~t 44 LF $ 3.00 /LF $ Unit Price in Wordsl ~ree llars & ~/1~ 3.10.7 Hydr~ulch 934 $ 2.00 /SY S 1,868.~ Unit Price in Wordsl ~o dollars & ~/100 un£t Price in Wo~d~, Sewn dr llars & ~/100 SP-44 IMlsc' SPri~kle~ SystemA~Justme~t - ILS I S250'00/LS I $ 250-00 Unit P=£ce in WoFdsz ~o hun(r~ fifty dollars & 00/100 ~,500.0~Ls $ 1,500.~ unit Price in we=ds~ F~fte~ hundred dollars & 00/100 unit F~ic~ in word~, ~e tho~ sand n~nety dollars & 00/100 unit Pr£ce In ~ord~ ~a that ~and dollars & 00/100 s.1 I & ric aeeo * 500.OOt I$ 500.00 unit Pric~ in Uord~, F~vo hu~ Ired dollars & 00/100 unig Pr£ce in ~ord~ Four do Jars & 00/1~ unit Pric~ in ~ord~o ~n¢ :ed f~fty dollars & 00/100 4.$ 6' Thick Flex Ra~e 89 $ 10.00/SY $ 590.00 Unit Price in Wordst Ten & 00/100 P - 4 WORK DAYS 84% ~iD NO. 1 W£11owwood S~reeC Sfdewalk PO NO. BID TA~UI2%TION SHEET X'J~EM DBS4~?.XP~XON QUAN~X2'Y UIfX~ UNX~ PRXCE ~ 2.12.9 12" S~meL Pipe (Gauge 10) 8 LF $ 15.00/L~ $ 120 ~ UnA~ ~Ao~ &n Wo=ds~ Fifteen &~/lO0 ~o~.. $ 36,306.00 Addendum No.1 ServlceAd3ustments 3 FA $ 250.O0/FA $ 750.00 Unit Price in Words: Two hundred fifty dollars & 00/100 Total including Addendum No.1 $ 37,056.00 P - 5 FROM rlTV OF OEHTOH FR~ HO 181755~?~02 ADDENDUM No, 1 WIL~OD?~O01~ BID ~ 1890 RID T~TZON sHEET ~neral: This /~em ~e~s the adJusCmen~ o~ ,ewe~_~ wa~ ~e~ i~em includes Ch, ~sloca~ion of ~e~ers and claanou~s i~ nscessa~. ~us~men~s o~ lees ~han lO ~ee~ o~ sa~i~e line ~eloca~io~ ~ me,ers o~ cleanou~s shall be irci~en:al ~o ~he oon~ac~ inspector and a ~ep~asentative from =he WaCer/wascewa=-~ 9a~ent. Pa~en= will be at contract ~i= pri~e ~?r each ae~ca ~hase ad~usc~ncs e~ll Me ~ons/dered ~a plr~ of ~his item. Contractor shall use tau=ion in placin~ profi= in ~his i~ am as =ha ~anti=y on =he bid =abulauion shes= is a rough . . ..... ,,, TYPICAL. I~'TAIL FOR $1OE"WAI~ AND ~RIVEWAY CON#ECTIC~ Bio 8. iii, ~ · ~ COMPANIES AFFORDING CX)VERAGE il~ 1~1 , ~ ~ : , ........... , I ; ;~ ~ ..... I ~ I~ , i ...... ! ....... .... l~.~ ~ ~ _ / , ~, ,n' ,.... -----~ ANf I~ND UI~N I ;ENTON 'IX 'JlIOt ~-~-E_r ,.,,.. .- .-~"' I lO0 d O~O! £1~ LIS ! qH,l, DNI){ ~ AHI{Vl{ 81 80 (flHJJg6,9I- ~YN RLLSTRTE bJRYNE HOLT TEL 817-566-5942 3un 03,96 ~.2 27 No 004 P 02 CERTIFICATE OF INSURANCE [~ ALLSTATE INSURANCECOMPANY [] ALLSTATE INDEMNITY COMPANY [] ALLBTATETEXA8 LLOYD,S THIS CERTIFICATE IS IBEUED AB A MA1 TIff OF INFORMATION ONLY AND ~NFER8 NO RIGHT8 UPON THE CERTIFICATE HO~ER THIS CERTIFI CATE DOE8 NOT AMEND, EXTEND OR ALTER THE C~ERAGE AFFORDED BY THE POUCIE8 BEL~ ~=fl litiGATE HOLDER N~EO IN~URED CZTY OF DE~ FLOYD ATTN: MAX BLACKBURN PO BOX 1781 (817)383-7302 FAX DENTON TX 76~01-1781 This la Io ~f ;;;x that policies ~ In~i~ ;;~i=~ ~low h~ ~n I8su~ to the Insured nam~ a~ suncor to the ~mtl~ date Ifldl~t~ ~lo~ not,Nltltetandl~ any ~ul~menl, term or o~ltlm ol any ~nlraot ~ Mher document With fee~ot to which this certificate ~ ~ le.ued or may ~ztaln The insurance alfo~ ~ Ihs ~l~i. ~eorl~d her~n is ~bJ~t to all the terms, excisions, a~ condillac of e~h policies WPE OF INSURANCE AND LIM~ Poll~ Elfeollve Ex~ratl~ COMMERCIAL..__ O~ERAL UABILI~ Num~ Dele Data L~it , GENERAl. AGGREGATE ~IM~ ~ther then ~oduol8 -- ~mpbt~ Opmatlone) -- PRO~O~ -- ~M~LE~D OPEflAT ON8 A~EGATE LIM~ KRSONAL~NDADVERTI~. , ., N. N~VRY. UM~T EAOH OQ~RflENOE LIM~ ~OAL DAMAGE LIMIT ANy O~E ~ ~ MEDICAL ~PENSE LIM~~ ~ ANY ONE ~G~K~G: ~TiON & P~Iw Eff~tlv Ex~mtl~ EMPL~E~' LIABIL~ Numar DMe ~te Ommp I Umlll , I BODILY I~U~ K A~IDEHT ~R~ I BODILY INJURY BY DISEASE I S EACH A~DENT I 6GDiLY I~URY BY OlSEABE S ~OH IMPLORE ~U~ UMW, ~1 Eff~ll~ ~plr~l~ ~.TOMOmLE UAmU~ ,u~ 649559731 ~te 06/11/96 Data 06/11/97 ~ Bide Llmltl I~AUT0 ~ ~NEDAUT~ ~ HI~DAUTOS O~81nole Umlt of BODILY INJURY & F~F~m~ ~AGB I S 1 · GO0. 000, I ~OH ~ED ~ ~SENGER ~T~ ' ~ ' PEfl~N ~EDA~ OTHEflTflA~ ~1~ ~ER $ I ~ ~ A~IDGNT UMBREL~ LIABIL~ ~loy EIIKII~ ~lritl~ Num~ D~O DBIe ~OH O~OE ~EN~L A~k~ATE ~O~ ~ ~M~ED O~RATIO~ ~CATE OTHER {~w ~ll~ Efl~l~ ~ratl~ t~ of POI~ Hm~r Dale ~to D~ouM."~TiON OF OPEfiATIONS/LOOATIONBNEH IOLES/R EBTRIOTIONS/SPEOIAL ITEM8 86 FORD F350 FLATBED 1FDKF37L5GPA53945 87 ~RD F250 XLT 1FTHF25LgHKA17623 92 FORD F250 PU 1FTHF25GXNNA18972 81 FORD F~TBED 1FHDF60H1BVA04181 ~NCEL~TION ~ ~ Numar of d~ flotl~ ~/~ - ~ ~ ~ny~; ~ a~ ~;1~ ~e. ~.~1~ ~f~ t~ ~plmtl~ date, the I..ul~ ~pa~y wlB ~v~ to mall ~t bin t~ numar of t~