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1996-134 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITLrRE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of pubhc 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 SECIIO25~ That the following competitive bids for the construction ofpubbc 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 CONI'RA CTOR AMOUNT 1910 FLOYD GLENN SMITH CONCRETE CONTRACTOR $16,593 95 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 notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance 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 ~ hat upon acceptance and approval of~e above competitive b~ds and ~e execution of con~acts for the pubhc works and tmprovements as authorized here~n, the City Council hereby au~onzes ~e expend~e of funds ~n the manner and ~n the amount as specified ~n such approved bids and au~onzed con~acts executed pursuant ~ereto SECTION V That ~s ordinance shall become effective ~mmedlately upon its passage and approval APPROVED this ~e ]__~_ day of ~ ,1996 PASSED AND O ATTEST JE~IFER WALTERS, CITY SEC~TARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CONTRACT DOC DATE JUNE 18, 1996 ~/SLCiL REPORT TO Mayor and Members of the City Collncll FROM Ted Benawdes, C~ty Manager SUBJECT BID #1910 - BELL AVENUE SIDEWALK REPAIR RECOMMENDATION: We recommend th~s b~d be awarded to the lowest b~dder, Floyd Glenn Smith Concrete Contractor, ~n the amount of $16,593 95 ~RY: Th~s b~d ~s for the removal and replacement of approximately one block (190 sq yds ) of sidewalk from Withers Street to Texas Street vath a small port~on on Texas Street The bid ~ncludes s~dewalk, curb cuts, hydromulch, unclassffied excavatmn and other related act~wt~es BACKGROIIND: Tabnlatmn Sheet PROGRAMS~. DEPARTMENTS OR GROUPS AEFECIED~ C~ty of Denton Eng~neenng Department, C~t~zens of Denton, Property owners and residents ~n the area FIgCAL IMPACT.. Th~s project ~s Commumty Development Block Grant (CDBG) funded Account #219-05A-CDAH-8502 Respectfully submitted Ted Benawdes C~ty Manager Approved Name Tom D Shaw, C P M T~tle Purchasing Agent 744 AGENDA CITy OF DENTON: LEGAL D E P_~T.T. CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 18 day of JUNE A.D., 19 96, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through '£~u ,~.~n~ thereunto duly authorized so to do, hereinafter termed "OWNER," and FLOYD ~.~ SMITH CONCi~ETE ~ONTRACTOR P.O. BOX 1781 1519 WI~IF~WOOD DRIVE DENTON ~ 'l'~{A S 76202 of the City of n~n. , County of D~N and State of T~XAS , hereinafter t ez-med "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 # 1910 - BRT.?, AVENUE SIDEWALK REPAIR in the amount of -~].~-~q~-9~ and all extra work in oonnec%ion therewith, under the terms as state-] 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 in accordance with the plans, which includes all maps, plats, CA - i blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON ]~,I~TIU~m~TNG DEp&w~NT 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. 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 Feason 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 liabIe, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the tim~ stated in the Proposal, subject to such extensLons 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 th~s 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 agreemen= in the year and day fi, rst above written. ~ TITY OF DENTON oWH (SEAL) ATTEST: CONTRACTOR MAILING ADDRESS TITLE PRINTED N~E P .RFORMANC BOND STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That F~OYD G~NN S~T~ CONC~TE CONTRACTOR , Of the city of DENTON County of DEh"~m , and State of T , as S~TY, authorized ~der ~e laws of the State of Texas ~o ac~ as ~ety on bonds for principals, are held and fi~ly bo~d ~to ~e T~ CI~ OF D~N ~5{100 .......... Dollars ($ paten= whereof, ~e said Principal and Sure~y bind ~emselves, and their heirs, a~inistra~ors, executors, successors and assize, Jointly and severally, by ~ese presents.' WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 18 day of JUNE , 19 96 , for the construction of BID # 1910 - R~r.?. AVENUE SIDEWAI~K REPAIR which contraot 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 oondition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, oonditions and agreements in and by said contract agreed and oovenanted by the Principal to be observed and perfozlued, and according to the true intent and meaning of said Contraot and the Plans and Spsoifications hereto annexed, then this obligation shall be void~ otherwise to remain in full force and sffsot~ PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions o£ 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 copied at length herein. PB - I PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to ~he terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying t.he 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 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 this instru/aent this ~ day of ' Principal Sure=y (SEAL) (SF. AL) The name and address of the Resident Agent of Surety is: NOTE: Date of Bond must not be prior to date of Contract. AAAO184D Rev. 07/28/94 PB - 2 BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That FLOYD C~T.~N CONCRETE CONTRACTOR of ~he City of County Of D~TON , and the State of ~.~a_~ , authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto T~ CITY OF ~R~0N , OWNER, in the penal sum of SIXTEEN THOU-~a~ FIVE H~n~.~D NINTY Tg~R~ ~-a95/lO0Dollars ($~) for the payment whereof, the said Principal and Surety band themselves and their heirs, administrators, executors, successors and assigns, Jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 15 day of 19 96 o BID % 1910 - m~?w. A~ gTD~FX REPAIR to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length here~n. 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 ~hLs obligation shall be void, otherwise to remain An 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 oop~ed at length herein. PB - 3 Surety, for value received, stipulates a~d agrees that nc change, exWcension of time, alteration or addition to ~he terms of the contract, or to t.he work performed ~hereunder, or ~he plane, specifications, or drawings accompanying the same, shall in any way affect its obligation on,his bond, and it does hersbywaive 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 this instrument this ~ day of ~A/f~ (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 ~EN BY THESE PRESENTS: That FLOYD (U.~ .qMT~ ~ as Principal, and ///~///~P~99/~ a co~oration au~orized to do business in ~e Sta~e of Texas, as Sure~y, do hereby ac~owledge ~emselves pay un~o 2he City of Denton, a M~icipal Co,ora=ion of ~e S~ate of Texas, its successors and assi~s, Texas, ~he ~ of O~ ~OUEa~ SIX ~ FI~ NF~ ~--~ SO/lO0------ Dollars ($ ~.6~9.4o ), ten (10%) percent of the total amount of the contract for the 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: WHERXAS, said FLOYD~.~v~ISMITHCONr~ECONTR~CTOR has this day entered into a ~itten contract wi~ the said City of Denton to build and const~c~ BID % 1910 - m~.r. A~T~AFX which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made · pert hereof as though the same were written and set out in full herein, and; WHEREAS, under the said plans, specifications, and contract, at is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from 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 fr~m the improper construction of the improvements contemplated by sa~d 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 all defective conditions arising by reason of defective materials, work, or labor performed bysaid 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 this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the par~ of said Contractor to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep eame in repair for the maintenance period of one (1) year, as herein and said contract provided, then these 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 ha a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout 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 ?L/~,v/9 Jf~/7/ff P~^/f~/o~7/. as Contractor and Principal, has caused these presents to be executed by ~AIII//tP~/9/~ C~'I.'.,~A'r~ .OF and the said //AII!IfP~rI~ ,~l~P~T/ fTP as surety, has caned these presents to be executed by its I and the said Attorney-in-Fact has hereunto set his hand this SURETY: PRINCIPAL: Attorney-/in-F~ct A~A0184D Rev. 07/28/94 M~ - 2 06-25-1996 06 13 214 980 9464 UNIVERSAL. ~LIRETV OF AMERICA UNIVERSAL SURETY OF AMERICA P O BOX 1068 .Houston, Texas 772:51-1068 Zr EaAL eOW .a Or *TTORN .Y · CgaTtnEO COrY Know All Men by ~ess Pms~ ~al ~IVERSAL qUR~TY OF ~ERICA a ~raaon duly organ~d and ~x~sun8 under the laws of ~he State ofTex~ ~d having ~ts prmc~p~ office m Houston, Tex~ do~ by ~e presen~ m~o ~asbtu~e ~d a~mt Cathy Miller ~ts true ~d [awlu[ Attorney(s~in Fact w~ ~ul] ~wer a~ authority hereby confe~ed m 1~ name piece ~d ~lead ~ execute ~owl~ge and dehve~ ~nds for ~lnclpal: Floyd Glenn SmLth Concrete Con.Actor Obl~ee: C~tyof~ton, Amount: $16 593 9~ and t~ brad ~e company thereby ~ fully and to the s~e extent as ~t such ~nds were s~gned by ~e Pr~dent sealed wt~ ~e ~ratc seat of the ~ompany and du~y attested by ~ ~e~et~ h~e~ raU~tn8 ~d confi~mg all ~hat t~ said Attorney(s) m F~t may do w~th~n thc a~ve ~mled Itm~ta~ons gaud a~mlment ~s made under ~d by au~onty of the following resotu~on adopt~ by ~e Bo~d of D~mrs oi Umv~sal ~etv o~ ~m~ca at a meeung held on the 11~ day of July, 19~ Be [t Resolved that ~e ~es~dent and any Vt~ Pr~tdent S~ret~ or any Assonant Secre~ shaU ~ and ~s hereby and authon~ to a~nt any one or ~ore suitable ~sons ~ Attorney(s) m Fact Io represent and Ret for ~d off ~haff of ~e Comply REgOLVED that 1he a~gna~e of any offi~r of the ~o~ra~on and the ~eal of the ~o~ratton may ~ ~fixed power .t at~rney of the co.ration ~d that such pnnt~ fa~umhe s~gnature ~d seal shall ~ v~d and binding u~n ~e co~raaon In Witness Whereof, Universal ~urely of Amerlra has ceased thes~ presen~ to be stgned by lis President, John Knog, Jr and ils corpnrate ~eal to be hereto afflxed this l$~h day of April, A D, 199S UNIVERSAL SURFTY Ob AMERICA I ~/ ~1~ County of On lhls l~th day penally known to be lhe pe~n who egecut~ the witch Inalrumeul ~ Pr~ldeaL on ~half oflhe c~po~fion there~ named ~d acgnowledg~ to me that the ~rp~a{Ion egecut~ OIV~N on~ For ~rtficat~on ol ~e au~on~ of th~s ~w~r ynu m~y t~l~hon~ (713) 722 4~ CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention Is directed to the Insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of Insurance certificates and endorsements 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: Without limiting any of the other obligations or Ilabihties of the Contractor, the Contractor shall prowde and mmntam until the contracted work has been completed and accepted by the City of Denton, Owner, the m~mmum ~nsurance coverage as indicated 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 written request to the Purchasing Department, ask for clarification of any ~nsurance requirements at any time, however, Contractors are strongly adwsed to make such requests prior to bid opemng, since the insurance requirements may not be modified or wmved after bid opening unless a written exception has been submitted with 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 insurance policies proposed or obtained in satisfact~on of these requirements shall comply with the following general specifications, and shall be mmntamed ~n comphance with these general spec~flcations throughout the duration of the Contract, or longer, if so noted' · Each pohcy shall be issued by a company authonzed to do bus~ness ~n the State of Texas w~th an A M Best Company rating of at least ~ . · Any deductibles or self-~nsured retentions shall be declared ~n the b~d proposal If requested by the City, the Insurer shall reduce or ehm~nate such deductibles or self-insured retentions w~th respect to the City, its AAA00350 Insurance Requirements Page 2 officmls, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related ~nvestigations, clmm administration and defense expenses. · L~abd~ty policies shall be endorsed to prowde the following' · · Name as additional ~nsured the City of Denton, ~ts Officials, Agents, Employees and volunteers. · · That such insurance Is primary to any other ~nsurance available to the additional insured with respect to clmms covered under the pohcy and that this Insurance applies separately to each insured against whom clmm is made or su~t ~s brought. The inclusion of more than one insured shall not operate to ~ncrease the ~nsurer's limit of liabd~ty. · All pohc~es shall be endorsed to prowde thirty(30) days prior written notice of cancellation, non-renewal or reduction ~n coverage. · Should any of the required insurance be provided under a clmms-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract exp~ration, such that occurrences arising dunng the contract term which give rise to claims made after expiration of the contract shall be covered. · Should any of the required insurance be prowded under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be ~ncluded ~n the general annual aggregate limit, the contractor shall rather double the occurrence Ilm~ts or obtain Owners and Contractors Protective Liabd~ty Insurance. · ' Should any required ~nsurance lapse dunng the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory ewdence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, CiW may, at ~ts sole option, terminate th~s agreement effective on the date of the lapse. A~AO0350 2 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall addit,onally comply with the following marked specifications, and shall be ma;nta,ned in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Uabil,ty Insurance: General Liability insurance w~th combined single limits of not less than 1.000.000 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either ~n a single policy or in a combination of underlying and umbrella or excess policies If the Commercial General Llabihty form (ISO Form CG 0001 current edition) is used: · Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering thcs contract and broad form property damage coverage · Coverage B shall ~nclude personal ~n]ury · Coverage C, medical payments, ~s not required If the Comprehens,ve General Liab~hty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) ~s used, ct shall include at least: · Bodily injury and Property Damage Llab~hty for premises, operations, products and completed operations, ,ndependent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures · Broad form contractual llab~hty (preferably by endorsement) covenng thcs contract, personal ~njury hablhty and broad form property damage liablhty AAA00350 Insurance Requirements Page 4 [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than 500000 either In a single policy or In a combination of basic and umbrella or excess policies. The policy will include bodily Injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract Satisfaction of the above requirement shall be .n the form of a policy endorsement for: · any auto, or · all owned, hired and non-owned autos iX] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation agmnst the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured For building or construction projects, the Contractor shall comply with the prowsions of Attachment 1 in 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 obtain, pay for and maintmn at all t~mes during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance pohcy naming the City as ~nsured for property damage and bodily injury which may arise ~n the prosecution of the work or contractor's operations under this contract Coverage shall be on an AAA00360 REVISED 10/12/94 Insurance Requirements Page 5 "occurrence" basis, and the policy shall be ~ssued by the same ~nsurance company that carries the contractor's liabiliW insurance Policy lim,ts w~ll be at least combined bodzly injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liabzlity ;s not provided or ~s unavailable to the contractor or ,f a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required [ ] Professional Liab,lity Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions ~n connection with professional services ~s requzred under this Agreement. [ ] Bu,lders' Risk Insurance Bu,lders' Risk Insurance, on an Ali-Risk form for 100% of the completed value shall be prowded. Such policy shall ~nclude as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Additional Insurance Other ~nsurance may be required on an ~ndiv,dual bas~s for extra hazardous contracts and specific service agreements If such additional ~nsurance ;s required for a specific contract, that requirement w,II be descr;bed in the "Specific Conditions" of the contract specifications. AAAO0360 REVISED 10112/94 CI - 5 Insurance Requirements Page 6 AI'I'ACHMENT I IX] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entitles A Defln.tions: Certificate of coverage ('certifloate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued 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 entity's employees providing serwces on a project, for the duration of the project. Duration of the project - Includes 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 services on the project ("subcontractor" in §406 096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly w~th the contractor and regardless of whether that person has employees. Th~s ~ncludes, without limitation, independent contractors, subcontractors, leasing compames, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to prowde services on the project. "Services" include, w~thout limitation, prowdmg, hauhng, or dehver~ng equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not ~nclude activities unrelated to the project, such as food/beverage vendors, office supply deliveries, end delivery of portable toilets. B The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and fihng of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011 (~.} for all employees of the contractor prowd,ng services on the project, for the duration of the project. AAA00350 REVISED 10/12/84 CI - 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, prior to the end of the coverage period, file a new certificate of coverage with 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 receipt by the contractor, 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. F The contractor shall retain all required certlflcates of coverage for the duration of the project and for one year thereafter G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or · should have known, of any change that materially affects the provision of coverage of any person provldlng services on the project H The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage 7 Insurance Requirements Page 8 I. The contractor shall contractually requ,re each person w,th whom ,t contracts to provide serv,ces on a project, to: (1} provide coverage, based on proper reporting of class,ficatlon codes and payroll amounts and filing of any coverage agreements, wh,ch meets the statutory requirements of Texas Labor Code, Section 401.011 (44! for all of its employees prov,dlng services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is be,ng provided for all employees of the person prov,dlng serv,ces on the project, for the duration of the project; (3) prov,de the contractor, prior to the end of the coverage per,od, a new certificate of coverage showing extension of coverage, if the coverage per,od shown on the current certificate of coverage ends during the duration of the project; (4) obta,n from each other person with whom ,t contracts, and provide to the contractor: (a) a certificate of coverage, pr,or to the other person beginmng work on the project; and (b) a new certificate of coverage show,ng extens,on of coverage, pr,or 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) reta,n all required certificates of coverage on file for the duration of the prolect and for one year thereafter; (6) notify the governmental entity in wr,tlng by certified ma,I or personal delivery, w,thln 10 days after the person knew or should have known, of any change that mater~ally affects the prov,sion of coverage of any person providing serv,ces on the project; and ~"~00350 ~v~sEn ~o, 2~4 CI ' 8 Insurance Requirements Page 9 (7) contractually require each person w~th whom .t contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor ia representing to the governmental entity that all employees of the contractor who will provide 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 repo'~ng of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or mlsleadlng information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K The contractor's failure to comply w~th ,any of these provisions is a breach of contract by the contractor which ehtitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of b'reach from the governmental entity. ~'v~s~n ~o~.~4 CI ' 9 BID SUMMARY TOTAL BID PRICE IN WORDS Sixteen thousand five hundred n~nety-three dollars & 95/100. 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 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 full~ completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certi~ies 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. Flovd Glenn Smith Concret~ Contractor cONTRACTOR ,~ ~/~ /'] ~ ~I9 cW~ 1 toww~e~- Dr ~ve Street Address Denton; TX 76202 ,City and State Seal & Authorization (If a Corporation) (817) 565-0114 Telephone WORKDAYS BZD NO. ~ ~11 Avenue S[d~alk ~NO. BID T~ULATION SHED 3- Re.eve ives 186 SY $ 16.20 /SY $ 3,013.20 Unit Price in Words, ~lxteen ~llars & 20/100 3.1 Prep.etlon o, -- LS' $200.00 ,LS', Right-of-Way Unit Price in Words, ~ hundr~ ~llars & 00/100 Unit Price ~ Words, ~o ~llars & 00/100 2.12 T~ra~BrcsionCon~ro~ -- LS JS2OO.OO/LSJ$ 200.00 unit Price ~n Wordaz ~o hundr~ ~llars & 00/100 8.1 a~ricades, Warning SLgns -- LS I $500.00 /LS I $ 500.00 ~d De,ours I I Unit Price in Words, F~ve hundr~ ~llars & 00/1~ Un~ Price ~n Words, ~enty seven dollars & 00/100 Unit Price in Wordsz ~ree hundr~ twenty fzve ~llars & 00/100 Un~ Price gn Words, ?~ve hun~ f~fty & 00/100 Un~ Price £n Words* ~o hundr~ f~fty ~llars & 00/100 ~-n I m~ve ~r~ and ~tter 47 I ~ S 4.50 IL, S 211.50 Unit Price in Words, Four dollars & 50/100 3.3 Unclaes££1edExcavat£on 95 ~[$9.00/~[$855.00 Uni2 Price in Wordsz N~ne dollars & ~/100 P - 3 WOK DAYS BID NO. Avenue Sld~alk ~NO. BID T~ULATION SHED 8.2-A ~ncrete ~rb md 66 L~ $ 10.~ /~ $ 660.~ Gutter unit Price in We=da, dollars & 00/10~ SP-2 Sawcut 75 LF $ 3,~ /LF S 225.~ Vnit P=loe in Words, Three dollars & 00/100 Unit Price ~ Worda~ !~enty n~ne dollars & 25/100 1, oo.oo 1, oo.oo ~nit Price in #o~do, i~o hundred dollars & 00/100 Unit Price in Words, Unit Price in Unl~ Prioe in Words, Unit Price in Words, / Unit Price in $ / $ Unit Price in Words, Total $ 16,593.95 P - 4 RLLSTRTE hlRYNE HOLT TEL 817-566-5942 3ul 09,96 15 58 No 003 P 01 CERTIFICATE OF INSURANCE r~l ALLSTATE INSURANCE COMPANY [] ALLSTATE INDEMNITY COMPANY [] ALLGTATE TEXAS LLOYD'S THIO CERTIFICATE lB 18SUED A8 A MATTER OF INFORMATION ONLY AND GONFER8 NO RIGHT8 UPON THE CERTIFICATE HOLDER THI8 CERT~F~ CATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIE8 BELOW ne.n, d'IOAT. E HoLpER NAMED INBURBD Name and Addma Of Party to Whom thio OM~lflcate 18 I~,_, _,~_ Name told ~.-'~.o& of Icaured GZTY OF DENTON FLOYD P0 BOx 1781 Po~t41' Pox Note 7671 3m ?[~) ii~p I DENTON TX 76201-1781 to the insured named above 8UhlEOt tO the expiration date indicated baldy OoJ4~t~$ ~ .~64~ 3o. /4qC-~.~T'4-~'~' ItJ.C Iherclooumemwlthreapeottowhlehthlsoertlfloatemaybeieauedormay Pflmm# Pher, e# S'C.,&-~-~..'~f. to ell the terme, exolualone, andcandltloneofeuohpollolex. Fax# .~tZ~... '?.~,o'). vexe ~;'T.C,-~'~q'?-,- P. NCEANDUMIT8 Explrmlon - -- Date Dote Umlt GENERAL AGGREGATE L/MIT tOther than Pr,~,_,~*_ _-, ~ Oompleted OpB;~I-'GG~ ~ q~ .... ~ .... F~O;%iGI'8 -- ~OMPLEri~u OPEflATION8 AGGREOATG H~IT · "--;-.~.~NAL AND AD~ii~ ,,raNG INdURY LIMIT _. EAOH O00URRENOE LIMIT PHYINOAL DAMAGE LIMIT $ ANY ONE , ,IqEDiOAL ~J~.---,.;GE LIM~? t~ ANY ONE WO~KBRBC C'-- ::-- -- ~ :--~'~Gii & Pollo,/ Effeotlve ExpirAtion EMPLOYERE' UABILITY Number Date Date C-- ...... ~ Llmlla WORKERE'OOMPENEATIOH| 8TATUTORY--'--"~:!e"-onlylnthefo EMPLOYERS, I 60GiLY IN.JURY BY A~.~iG~NT I $ $ EAOH EMPLOYEE $ POLIOY LIMIT Effeetlve Explrof Io~1 AUTOMOBILE UAmUTY ~l~er 649559731 Date 06/11/96 06/11/97 · " Date Oovere~e BeMe Umlt~ [~NY AUTO r'] G~/HF.~ AUTOS I-I IflflEO AUT08 ~Oglak~nmd ~.. i i.~l, 4)f ~ ,i&~M~ --- ~SI~cCIFIEDAUT08 ~'"~NON-GWNEDAUTO8 'BODILYINJURY&~m~t~;yDAMAGEI $1.000.000. I EAOHADOIDENT 8~llt I ~k#qy Umlt~ [~OW#EO PRIVATE PA88ENaER AUTO~ B~dl~ In]urf Pmp~ ?~-_;_- ! halt J ~,~ ,-':g;"./~ ',~ ~$~ ,~,',~ r/~'~'~,~,~ pEfleON C~NEOAUTOEOTHERTflAN PRIVATE PASSENGER I~ I $ J UMBRELLA LIABILITY POlloy Effsulive Expiration Number Data Data ,,$ EAGH ODOURRENOE I $ C-~;-"~AL AGGREGATE ~; P, RODUOT8 -- ~A)MPI ETED OPERATIONS, AGGREGATE OTHER ;~,;-,o~ Policy Effective Expiration type of Polloy) Number Date Date DF.6~.' ~ ~N OF G~.KATIONO/LOCATI ONO/VEH iOLEB~,p, uTpiiG, Ti ONE/EPEDiAL ITEM8 86 FORD F350 FLATBED 1FDKF37LSGPA53945 87 FORD F250 XLT 1FTHF:~SLgHKA17623 92 FORD FESO PU 1FTHF25GXNNA18972 81 FORD FLATBED 1 FHDF6OH1 BVA04181 r"~' ' '~"~"~ E L LATI 0 N ~/r/~ ~ UumbMof day8 notice _ '1~C~, - AU#tMI~d Repl~#ntlUve DIto ~-.~-..~-u~d?n--y-~f-~-?~dutmf~"bedP~?~i~ex~=~an~?~edbef~mth~exp~rati~ndote thelBsulng=om onyw I andeavortomallwlthlnthenumborof u.yB enmmu .uuve, waTeR name ~o me car tltlcate holder named above But fei ure to mall ouch no~)o~a ahMI Impose no obilgatlofl er li&blllt¥ of any .... k!,nd upon tho Qomparly, Its dlgent e or rep/IBmtt etiveE. TI'IlS CERTIFICATE 18 186UED A8 A UAI'rER OF INFORMATION ONLY AND pfloouc~ CONFERB NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND ON ALTER 'n'lE COVERAGE AFFORDED BY THE RAM~r & mN'" INEURANOB POLICIES BELOW 00 s. k~E. 8.b A COMPANIES AFFORDING COVERAGE ~o~P~,r~ A Tilnlty Unlve'eal c4~P, U4YC Floyd Emlth Oon0fete P O BOX 178t C,~F~Y D ~(Z~P*HYE THIS IS TO CERI1FY THAT THE POUCIIm OF INSURANCE US*I~.D _l~_l__~N HAVE BEEN WSUED TO 'fl-iS IHSUFIED NAMED ABOVE FOR THE POX JOY PERIOD INDICTED NOlWII~BTANDING ~ REQUIflF~ENT, ~EflM Off CONDiTiON OF ANY GOMT~ADT OD OTHER DOCUMENT WiTH flF.~PECT TO ~h~lICH CERTIFIDA1E MAY BE 18~UER Off MAY pERTAIN THE INSURANCE AFFORDED BY THE POLICIER DF.~CfllIF. D HEREIN IS BUAiEGT TO ALL THE TERMB EXDIJ. JBIONE AND DONi~TION8 OF BUSH POL~IE8 LIMIT~ 8HOWN MAY HAVE BEEN REDUCED BY PAID SCHEDULED A~TO~ 8T~IUTO~Y UUIl~ A A~O WCBSTB~M ~5;01M ~&~1/~1' F.~C. ACC~O~r $ 100000 r DENTON 18 ADDITIONAL INSURED BHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANC~ !~ BEFORE THE EXPIRATtoN DA]~ THEREOF THE I~SUING COMPANY WIlL ENDEAVOR TO MAIL ~0 DAYB WRITIEN NO'I3CE TO THE CER13RCATE HOLDER NAMED TO THE CITY OF DENTON FAILURE TO MAiL SUCH NO'/ICE SHALL IMPOSE NO O~MGAllON ON MOKINNEY STREET A'T'~I JODI : ANY KJND UPON IT~ AGENTB OR RF.,P~ENTAllVE~ DENTON TX 7e~)1