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