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 ...... ! .......
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/
,
~, ,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~