1995-148 Z95004A.ORD
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
AMENDMENT TO THE DETAILED PLAN OF LOT 4R, BLOCK 27, ORIGINAL TOWN
OF DENTON, A 0.661 ACRE TRACT LOCATED APPROXIMATELY ONE HUNDRED
FORTY FEET (140') NORTH OF PRAIRIE STREET, BETWEEN ELM AND LOCUST
STREETS, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT A, ATTACHED
HERETO AND INCORPORATED BY REFERENCE HEREIN; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Jack Bell previously applied for and received
approval of a change in zoning from the Commercial (C) zoning
district and use classification to the Planned Development District
zoning district and use classification (PD-156), upon passage and
approval of Ordinance 95-043 on March 7, 1995; and
WHEREAS, Jack Bell has subsequently applied to the Planning
and Zoning Commission to amend the detailed plan applicable to said
zoning, to allow retail uses in addition to those already approved;
and; and
WHEREAS, on August 9, 1995, the Planning and Zoning Commission
recommended approval of the requested amendment to the previously
approved detail plan; and
WHEREAS, the City Council, finds that the amendment to the
detailed plan will be in compliance with the Denton Development
Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the detailed plan for the PD-t56 zoning
district classification and use designation of the 0.661 acres of
land described in Exhibit A, attached hereto and incorporated into
this ordinance by reference, is hereby amended to include retail,
as well as office and apartment uses, under the comprehensive
zoning ordinance of the City of Denton, Texas, said amendment being
effected by the approval of the revised notes contained in Exhibit
B, attached hereto and incorporated by reference herein, which
supersede the notes contained in the original detailed plan.
SECTION II. That the provisions of this ordinance govern and
control over any conflicting provision of Ordinance No. 95-043.
SECTION III. That a copy of this ordinance shall be attached
to Ordinance No. 95-043, showing the amendment herein approved.
SECTION IV. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION V. That this ordinance shall become effective
fourteen (14) days from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this ordinance
to be published twice in the Denton Record-Chronicle, a daily
newspaper published in the City of Denton, Texas, within ten (10)
days of the date of its passage.
1995.PASSED AND APPROVED this the /~day of ~,
BO~ CASTLEBERRY, MAWR ~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
HERBERT L. PROUTY, CITY ATTORNEY
/
/
ALL that certain lot, tract or parcel of land lying and being
situated in the William Loving Survey, Abstract Number 759 in the
City and County of Denton, Texas and being part of Lots 3, 4, 5,
and 6, Block 27, Original Town of Denton, as described in the deed
from Dollie I. Cruze to S.B. Frost recorded in Volume 561, Page 191
of the Deed Records of Denton County, Texas and in the deed from
S.B. Frost Oil Company to Stanley F. Frost and wife recorded in
Volume 655, Page 471 of the Deed Records of Denton County, Texas
the subject tract being more particularly described as follows:
BEGINNING at the northeast corner of said Frost tract recorded in
Volume 561, Page 191 of the D.R.D.C.T., same being a point on the
west line of South Locust Street~
THENCE South 02' 07, 08, East along the east line of said Frost
tract (v. 561/P. 191) and the west line of South Locust Street a
distance of 76.08 feet to a point for corner~
THENCE South 89' 30, 25" West along the south line of said Frost
tract (V. 561/P. 191) a distance of 151.11 feet to a point for
corner, said point lying in the east line of said Frost tract (V.
656/P. 471, Tract I)~
THENCE South 00' 25, 55" East with the east line of said Frost
tract (V. 656/P. 471, Tract I) a distance of 36.15 feet to a point
for corner~
THENCE South 89' 3?, 09- West with the south line of said Frost
tract (V. 655/P. 471, Tract I) a distance of 151.19 feet to a point
for corner, said point lying on the east line of South Elm Street~
THENCE North 00' 26, 498* West along the east line of South Elm
Street a distance of 115.25 feet to a point for corner, said point
being the northwest corner of said Frost tract (V. 656/P.471 Tract
II)~
THENCE South Sg' 45, 1388 East along the north line of said Frost
tract (V. 656/P.471 Tract II) a distance of 150.27 feet to a point
for corner, said point being the northeast corner of said Frost
tract (V. 656/P.471 Tract II) and the northwest corner of said
Frost tract (V. 561/P. 191)~
THENCE South 89' 57, 1788 East along the north line of said Frost
tract (V. 551/P. 191) a distance of 149.83 feet to the POINT OF
BEGINNING and containing .661 acre of land.
ATTACHMENT 3
AMENDED NOTES FOR PLANNED DEVELOPMENT
ZONING REQUEST ON LOT 4..R
Detailed Plan Notes:
Lot 4-R ~s owned and will be developed by Jack Bell. Jr of Denton, Texas. Two
existing vacant buildings will be demolished and removed.
Planned Development zoning is requested on the lot. Three structures will be built;
each with office space and retail on the ground floor and apartments on the second
floor.
Lot 4-R is 0.661 acres of area. The building will be set back approximately 23'6" from
S Elm and S. Locust street rights-of-way. This setback is more than the other
buildings on Block 27 (the Mercado Juarez restaurant, the Denton County 5 story
building at S. Locust and Sycamore, and a masonry building on S Elm.)
Development Standards:
Maximum Building Height 2 stones
Maximum Building Area ( Total of 3) 6480 sq. ff. (ground floor office.)
6100 sq. ft. (second floor apartments)
12,580 sq. ft.
Parking will be shared between Lots 4-R and 5-R. A wdtten joint use agreement will
be provided by Mr. Bell, the owner of both lots (and the buildings thereon).
Parking shall be provided according to sections 35-30 (c) 2, 35-301 (c) 15, 35-301 (c)
19 of the Code of Ordinances.
No drainage structures are proposed with this redevelopment. Lot 4-R has 95% +
~mpervious cover at present. The entire lot is located ~n the floodway fringe; ~t is
inundated by the 100-year flood but it is beyond the floodway limit. Consequently,
construction is permitted if (and only if) it complies with City and federal flood plain
management regulations. It is required to provide fimshed floor elevations at least 1 5'
above the 100-year flood elevation.
All necessary water and sanitary sewer main improvements are in place to serve th~s
redevelopment. No new construction ~s proposed. Electnc facilities are available to
the lot. A new transformer will be installed at the northeast corner of the lot.
Lot 4-R ~s entirely w~thin the c~ty limits. Current zomng is Commercial.
Lot 1-R ~s owned by the Denton Housing Authority It ~ncludes the old five story hotel
at the corner of Sycamore and S, Locust Streets which will be remodeled for housing
use The port,on of Lot 1-R adjacent to Lot 4-R ~s currently vacant ground
9 Traffic Generation (based on Moderate Activity Center rate):
0.681 ac. x 350 trips/day/acre = 231 tnps/day
10. No public open space is proposed for Lot 4-R.
11 No fencing, berms, or screening are proposed
12 Concrete s~dewalks ex~st along the entire frontages of S Elm and S. Locust Streets.
Both sidewalks are located in the street nght--of-way They are not shown on the
drawing in order to avoid clutter.
13. Project signs: Two free standing directory signs will be constructed, one at each end
of the lot near the building. Each s~gn will have 25 square feet in surface area.
14 Apartments on the second floor may be larger than the first floor. The apartments w~ll
overhang the offices and retail at the front and rear walls Building setback distances
from the lot line will be 10' for the first floor offices and retail, and at least 7'6" for the
second floor apartments. Minimum finished floor elevations are shown for each office
(Add 630' to each number.) Refer to Note 5 for additional information.
15. Twenty-five 5 gallon dwarf Burford Holly and two 2" Texas Red Oak trees will be
planted at each end of the new parking lot in the "screemng area." The planting bed
width varies from 3' to 6' along S. Elm and averages 8' along S. Locust. Sixty-five
percent of the total street yard w~ll be landscaped.
ORDINANCE NO. F5--o¢
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the purchase of necessary materials,
equipment, supplies or services in accordance with the procedures
of state law and City ordinances; and
WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herein described bids are the
lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the purchase of the
materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered
bids for materials, equipment, supplies, or services, shown in the
"Bid Proposals" attached hereto, are hereby accepted and approved
as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
1697 1-5&8 PRIESTER SUPPLY $ 57,355.00
1697 9&10 WESCO $ 19,372.00
1731 ALL DEALERS ELECTRIC $146,332.26
SECTION II. That by the acceptance and approval of the above
numbered items of the submitted bids, the City accepts the offer of
the persons submitting the bids for such items and agrees to
purchase the materials, equipment, supplies or services in
accordance with the terms, specifications, standards, quantities
and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION III. That should the City and persons submitting
approved and accepted items and of the submitted bids wish to enter
into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute the
written contract which shall be attached hereto; provided that the
written contract is in accordance with the terms, conditions,
specifications, standards, quantities and specified sums contained
in the Bid Proposal and related documents herein approved and
accepted.
SECTION IV. That by the acceptance and approval of the above
numbered items of the submitted bids, the City Council hereby
authorizes the expenditure of funds therefor in the amount and in
accordance with the approved bids or pursuant to a written contract
made pursuant thereto as authorized herein.
SECTION V. That this ordinance shall become effective
immediately upon its passage and aPproval.
PASSED AND APPROVED this /' day of ~/~~--~ , 1995.
BOB CASTLEBERR~i MA~~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
DATE: MARCH 7, 1995
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1697 - DISTRIBUTION TRANSFORMERS
RECObII~ENDATION: We recommend this bid be awarded to the low evaluated
bidders for each item as follows:
Items 1-5 & 8 to Priester Supply in the total amount of $57,355.00.
Items 9 & 10 to Wesco in the total amount of $19,372.00.
This will be a total award of $76,727.00.
Items 6 and 7 will not be awarded at this time.
SUMbIARY: This bid is for the purchase of conventional overhead and padmounted
transformers. These transformers will be used throughout the electric distribution
system for new installations, replacements and backups. Cancellation of two
residential development has left inventory on hand of items 6 and 7; therefore, those
will not be purchased.
Eighteen (18) bid packages were sent to vendors, and eight (8) proposals were
received for this bid.
BACKGROUND: Tabulation Sheet, memorandum from Don McLaughlin dated
February 10, 1995.
FISCAL IMPACT: Budgeted funds for Electric Distribution 1995 Account Number
610-103-1031-3680-9222 with a balance of $279,519.28.
Lloyd V. Harrell
City Manager · ~ ~
Prepared By: ~
Name: Denise Harpool ~
Title: Senior Buyer
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
578 .AGENDA
To: Denise Harpool, Senior Buyer
From: Don McLaughlin, Senior Engineer
Electric Engineering
Date: February 10, 1995
Subject: Evaluation of Quotes on bid # 1697
The Utility staff recommends awarding the bid to low bidders
?riester and Wesco.
Sincerely,
Attachments:
I. PUB Agenda Item
EXHIBIT I FOR BID 1697
PAGE 1
ITEM 1: LOSS/COST EVALUATION OF TWENTY-FIVE 25 KVA 120/240 CONVENTIONAL OVERHEAD
SINGLE PHASE TRANSFORMER
MADE NL LL I TL I BID CAL. J DELIVERY
BIDDER BY LOSSES LOSSES LOSSES COST COST I DAYS
CUMMINS CENTRAL 67 259: 326 $597 $3,655 98
POLELINE KUHLMAN 66 255 321 $520 $3,370 98
SESCO SESCO 85 350 435 $629 $4,292 120
~CHLINE HOWARD 56 359 415 $457 $3,507 123
~MPLE GE 61' 261 322 $582 $3,563 56
WESCO ABB64 294 358 $502 $3,455 70
LOW BID $3,109
I~M 2: LOSS/COST ~ALUA~ON OF ~EN~-~O 50 ~A 120/240 CONVEN~ONAL OVERH~D
SINGLE PHASE ~NSFORMER
MADE NL LL TL BID CAE DELIVERY
BIDDER BY LOSSES LOSSES LOSSES COST COST DAYS
CUMMINS CEN~L 127 406 533 $841 $5,592 98
POLELINE KUHLMAN 108 458 566 $737 $5,299 98
SESCO ~ SESCO 160 550 710 $917 $6,724 120
~CHLINE HOWARD 103 544 647 $674 $5,403 123
~MPLE GE 111 396 507 $880 $5,549 56
WESCO ABB 111 507 618 $713 $5,447 70
LOW BID $5,113
I~M 3: LOSS/COST ~ALUATION OF THREE 25 ~A 240/480 CONVENTIONAL OVERH~D
SINGLE PHASE ~NSFORMER
MADE NL LL ~ BID CAE DELIVERY
BIDDER BY LOSSES LOSSES LOSSES COST COST DAYS
CUMMINS CEN~L 72 253 325 $597 $3,672 98
POLELINE KUHLMAN 66 309 375 $559 $3,727 98
SESCO SESCO 85 350 435 $629 $4,292 120
TECHLINE HOWARD 59 350 409 $489 $3,603 123
TEMPLE GE 61 204 265 $738 $3,853 168
WESCO ABB 51 319 370 $590 $3,748 70
LOW BID $3,539
09-Feb-95
12:51 PM
C:~T~N~B1697~B1697.WK3
EXHIBIT I FOR BID 1697
PAGE 2
ITEM 4: LOSS/COST EVALUATION OF THREE 50 KVA 240/480 CONVENTIONAL OVERHEAD
SINGLE PHASE TRANSFORMER
MADE NL LL TL BID CAL. I DELIVERY
BIDDER BY LOSSES LOSSES LOSSES COST COST DAYS
CUMMINS CENTRAL 115 436 551 $828 $5,573 98
POLELINE KUHLMAN 92 522 614 $795 $5,628 98
SESCO SESCO 160 550 710 $917 $6,724 120
TECHLINE HOWARD 104 543 647 $703 $5,505 123
TEMPLE GE 124 314 438 $1,094 $6,039 56
WESCO ABB 91 664 755 $769 $6,124 70
LOW BID $5,284,
ITEM 5: LOSS/COST EVALUATION OF SIX 75 KVA 240/480 CONVENTIONAL OVERHEAD
SINGLE PHASE TRANSFORMER
MADE NL LL TL J BID CAL.
DELIVERY
BIDDER BY LOSSES LOSSES LOSSES I COST COST DAYS
CUMMINS CENTRAL 165 569 734~ $1,096 $7,450 98
POLELINE KUHLMAN 137 705 842 $1,099 $7,793 98
SESCO SESCO 220 800 1020 $1,522 $10,310 120
TECHLINE HOWARD 153 736 889 $920 $7,451 123
TEMPLE GE 128 587 715 $1,208 $7,595 56
WESCO ABB 264 652 916 $865 $7,840 70
LOW BID $7,297
ITEM 8: LOSS/COST EVALUATION OF ELEVEN 100 KVA 120/2400 PADMOUNTED LOOP FEED
SINGLE PHASE TRANSFORMER
MADE NL LL TL BID CAL. DELIVERY
BIDDER BY LOSSES LOSSES LOSSES COST COST DAYS
CUMMINS CENTRAL 186 721 907 $1,464 $9,502 56
POLELINE
SESCO SESCO 220 940 1160 $2,103 $12,857 120
TECHLINE HOWARD 222 709 931 $1,413 $9,579 123
TEMPLE GE 187 889 1076 $2,287 $12,992 154
VANTRAN VANTRAN 180 640 820 $2,187 $11,558 65
WESCO ABB 225 503 728 $1,610 $9,412 63
LOW BID $9,172
09-Feb-95
12:51 PM
C:\TRANX\B1697\B1697.WK3
EXHIBIT I FOR BID 1697
PAGE 3
ITEM 9: LOSS/COST EVALUATION OF FOUR 167 KVA 120/240 PADMOUNTED LOOP FEED
SINGLE PHASE TRANSFORMER
MADE NL LL TL BID CAL. DELIVERY
BIDDER , BY LOSSES LOSSES LOSSES COST COST DAYS96
CUMMINS CENTRAL 262 1186 1448 $2,018 $13,945
POLELINE
PRIESTER COOPER 266 1266 1532 $1,965 $14,132 63
SESCO SESCO I 380 1400 1780 $2,645 $17,939 120
TECHLINE HOWARD I 304 1123' 1427 $2,097 $14,299 84
TEMPLE GE 295 1319 1614 $4,679 $23,768 154
VANTRAN VANTRAN 235 1180 1415 $2,854 $16,520 65
..:...~......,...::...~.~...~.::=.~ :.:::.:..~.. .;..:.. ,....~....:..: :i:- ... r. ~;=.~.~ ~... i~ .~;.~..~ ~ii~..--.<.i![?.?.:-=.~.~.% ·
LOW BID $13,685
ITEM 1 O: LOSS/COST EVALUATION OF TWO 300 KVA 277/480 THREE PHASE LOOP FEED
PADMOUNTED TRANSFORMERS
MADE
NL LL TL BID CAL. DELIVERY
BIDDER BY LOSSES LOSSES LOSSES COST COST DAYS
CUMMINS PAUWELS 530 2310 2840 $5,594 $30,638 112
POLELINE PAUWELS 530 2310 2840 $5,632 $30,768 112
PRIESTER COOPER 677 2327 3004 $5,055 $30,094 91
SESCO , SESCO 1050 3420 4470 $6,487 $41,503 120
TECHLtNE HOWARD 475 3255 3730 $4,717 $30,207 123
TEMPLE G E 184 1709 1893 $7,085 $30,891 98
VANTR~N VANTRAN I 580 2240 2820 $6,546 $34,050 65
i~=..,../~,~I=!~.'~ =, ~= .,..~ill~,,~ !ii~ 1 ~?.~,~,~.'.',..'.~=',,~=~,=,?,.'-'~,~· ~,.~.,,,,. ...........................
LOW BID $29,175
09-Feb-95
12:51 PM
C:\TRANX~B1697\B 1697.WK3
EXHIBIT II FOR BID 1697
ITEM DESCRIPTION QUANTITY DISTRIBUTOR MANUFACTURER PRICE TOTAL
ITEM 1 25 KVA 120/240 OH 25 PRIESTER COOPER $497 $12,425
ITEM 2 50 KVA 120/240 OH 22 PRIESTER COOPER $841 $18,502
ITEM 3 25 KVA 240/480 OH 3 PRIESTER COOPER $618 $1,854
ITEM 4 50 KVA 240/480 OH 3 PRIESTER COOPER $819 $2,457
ITEM 5 75 KVA 240/480 OH 6 PRIESTER COOPER $1,147 $6,882
ITEM 6 25 KVA 120/240 UG
ITEM 7 50 KVA 120/240 UG
ITEM 8 100 KVA 120/240 UG 11 PRIESTER COOPER $1,385 $15,235
ITEM 9 167 KVA 120/240 UG 4 WESCO ABB $2,243 $8,972
ITEM 10 I 300 KVA 277/480 LOOP UG 2 WESCO ABB $5,200 $10,400
TOTAL COST $76,727
C:\TRANX~B1697\B1697.WK3 09-Feb-95 12:51 PM
DATE: MARCH 7, 1995
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1731 - PVC CONDUIT & ACCESSORIES
RECOMMENDATION: We recommend this bid be awarded to the low bidder, Dealers
Electric, at an estimated annual expenditure of $146,332.26.
SUMMARY: This bid is for an annual price agreement for PVC conduit and
accessories to be purchased as needed to replenish inventory in the warehouse.
This PVC is used by Electric Distribution in the installation of underground electric
service throughout the City of Denton system.
Eight (8) bid proposals were received in response to ten (10) bid packages sent to
vendors.
BACKGROUND: Tabulation Sheet
FISCAL IbIPACT: Budgeted funds for Warehouse Working Capital 1995 Account
Number 710-043-0582.
City Manager
Prepared By:
Title: Senior Buyer
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
579 .A{~ENDA
NOTE: This ordinance has been amended by ordinance #95-091, attached
to back.
ORDINANCE NO. ~---O~/~~
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 of public 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 in the bid invitation, bid proposals and
plans and specifications therein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the following competitive bids for the
construction of public works or improvements, as described in the
"Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according
to the bid number assigned hereto, are hereby accepted and approved
as being the lowest responsible bids:
BID NUMBER CONTRACTOR AMOUNT
1711 FLOYD GLENN SMITH $ 58,321.40
1724 PITTMAN CONSTRUCTION $150,000.00
1729 DRT MECHANICAL $ 85,050.00
SECTION II. That the acceptance and approval of the above
competitive bids shall not constitute a contract between the City
and the person submitting the bid for construction of such public
works or improvements herein accepted and approved, until such
person shall comply with all 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 IV. That upon acceptance and approval of the above
competitive bids and the execution of contracts for the public
works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the
amount as specified in such approved bids and authorized contracts
executed pursuant thereto.
SECTION V. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the~day of ~ ,1995.
BOB CASTLEBERRY, MAY~ ~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
DATE: MARCH 7, 1995
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1711 - MORSE STREET AND GARDENVI~W STREET SIDEWALKS
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Floyd
Glenn Smith, in the amount of $44,273.60 for Morse Street and $14,047.80 for
Gardenview Street. The total bid award is $58,321.40.
SUMMARY: This bid is for sidewalks on Morse Street running from Lakey Street,
east to Woodrow Lane (approximately 2200') and on Gardenview from Fallmeadow,
east to Brook (approximately 1050'). The bid includes removal of some old existing
walk, surface and site preparation and new walkways.
BACKGROUND: Tabulation Sheet
PROGRAMS~ DEPARTMENTS OR GROUPS AFFECTED: Residents of the Morse Street
and Gardenview areas, and CDBG.
FISCAL IMPACT: These projects will be funded from 1993-94 CDBG funds. The
bids are approximately $30,000 under original budget estimates.
Res~tfully submitted
//
C~ Manager /
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
577 .AGENDA
BID # 1711
BID NAME MORSE STREET SIDEWALK & SOUTHWEST FLOYD DBR
GARDENVIEW ST. SIDEWALK IND'L SMITH CONST.
OPEN DATE JANUARY 26, 1995 CONST.
~rl. rQMANTITY., i ~: DE~RtPT~IQN. ::: i"'.::" "=::' V~EN.D..~r~?:': :.::':VENDOR ' '"VENDOR: !~VENDOR. '.. ::VENDOR..
1. GARDENVIEW ST.SIDEWALK $78,610.50 $14,047.80 $15,164.00
2. MORSE STREET SIDEWALK $188,394.75 $44,273.60 $48,804.00
TOTAL BID $267,005.25 $58,321 .40 $63,968.00
BID BOND YES YES YES
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 7 day of
MARCH A.D., 19 95, by and between
CITY OF DENTON
of the County of DENTON and State of Texas, acting
through LLOYD V. HARRELL
thereunto duly authorized so to do, hereinafter termed "OWNER," and
FLOYD GLENN SMITH
P.O. BOX 1781 / 1519 WILLOWOOD
DENTON, TEXAg 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 the bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID ~ 1711 - MORSE STREET AND GARDENVIEW STREET SIDEWALKS
in the amount of $58,321.40 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 in
accordance with the plans, which includes all maps, plats,
CA - 1
blueprints, and other drawings and printed or written explanatory
matter thereof, and the Specifications therefore, as prepared by
CITY OF DENTON ENGINEERING AND TRANSPORTATION DEPARTMENT
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
IndeDendent 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.
Indemnification
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 Venue
This agLeement 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 time
stated in the Proposal, subject to such extensions of time as are
provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the Proposal, which forms a part of this
contract, such payments to be subject to the General and Special
Conditions of the Contract.
CA - 2
IN WITNESS WHEREOF, the parties of these presents have
executed this agreement in the year and day first above written.
ATTEST:
CONTRACTOR
MA/~INGAD~DRES S '
P~ONE NUMBER
FA~ NUMBER
TITLE
PRINTED NAME
APPROVED ~S._ ~.T~Y--~: (SEAL)
AAA0184~)/
~e~..,~/28/96
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That FLOYD GLENNSMITH
, of the City of DENTON
County of DENTON , and State of TEXAS
as PRINCIPAL, and /~Y~/~Y~L %~/~.~ ~V' ~ /~/~/C~
/
, as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are
held and firmly bound unto the THE CITY OF DENTON
as OWNER, in the penal sum of FIFTY EIGHT THOUSAND THREE HUNDRED TWE. Ng~
ONE and 40/100 ............. Dollars ($ 58,321.40 ) for the
payment whereof, the said Principal and Surety bind 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 7 day of MARCH ,
19 95, for the construction of BID # 1711-MORSE STREET A/qDGA/{DENVIEW
STREET SIDEWALKS
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 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 copied at length herein.
PB - 1
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 the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, 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 said Principal and Surety have signed
and sealed this instrument this _ 6 day of ~P~//~ ,
'Principal Surety
(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
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That FLOYD GLENN SMITH
of the City of DENTON
County of DENTON , and the State of TEXAS ,
as principal, and
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto
T~E CITY OF DENTON , OWNER, in the penal sum of
and 40/100---
FIFTY EIGHT THOUSAND THREE HUNDRED TWENTY ONE Dollars ($58.321,40 )
for the payment whereof, the said Principal and Surety bind
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 7 day of MARCH
19 95
BID # 1711 - MORSE STREET AND C~%_RDENVIEW STREET SIDEWAI~KS
to which contract is hereby referred to and made a part hereof as
fully and tc 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 copied at length herein.
PB - 3
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, 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 said PrinGipal and Surety have
signed and sealed this instrument this & day of.~/~-/.
Principal Surety
/
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
AAAO184D
Rev. 07/28/94
PB - 4
MAINTENANCE BOND
THE STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That FLOYD GLENNSMITH as Principal, and
a corporation authorized to do business in the Stat~ of Texas, as
Surety, do hereby acknowledge themselves to be held and bound to
pay unto the city of Denton, a Municipal Corporation of the State
of Texas, its successors and assigns, at Denton, Denton County,
Texas, the sum of FIVE THOUSAND EIGHT ~DRED THIU']"~' ']'r~4~ ~nH ]A/!OO----
Dollars ($ 5,832.14 ), 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:
WHEREAS, said FLOYD CT~NNSMITH
has this day entered into a written contract with the said City
of Denton to build and construct BID # 1711 - MORSE STRRRT AY~D
GARDENVIEW STREET SIDEWAI/<S
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 a part hereof as though the same were written and set out
in full herein, and;
WHEREAS, under the said plans, specifications, and contract,
it 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 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 all 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
MB - 1
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 part 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 same 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 be 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 ~//?~ ~]~/\/ \~/'~71'T~
as Contractor and Principal, has caused these presents to be
executed by ~/~~ ~r~ ~F
and the said /.L/qI~'~3/~L. ~.r~ ~F2
!
as surety, has ca~sed these presents to be executed by its
Attorney-in-Fact
and
the
said
Attorney-in-Fact has hereunto set his hand this
SURETY: PRINCIPAL:
A orn -inFFac
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 fo~ar~--~TX 0~08218 O0
Know All Men by Thcs* Presents, That UNIVERSAL SURETY OF AMERICA. a c~poration duly organized and existing under the laws of
the State of Texes, and having its p~incipfl office in Houston, Texas, does by these presents mst-e, constitute and appoint
Cathy Miller
its l~ue and lawful Attorney(s)-in-Fect, with f~l powe~ and authority hereby conferred in iR name, piece and stead, to execut-', acknowledge and
deliver bonds for:
Principal: Floyd Glenn Smith Concrete Conslruction
Obligee: City of Denton, Texa~
Amount: $58.321
and to bind the company thereby ~ fully and to the same extent as if such bonds were signed by the President, seuled with the coFporate scni of the
company and duJy attested by its secretary, hereby ratifying and confirming nU that the said Attomey(s)-m-Fect may do within the above stated
Lunitations. Said appointment is made under and by authority of the foHowins resolution adopted by the Bo&rd of Dh'ecto~ of Umversn] Surety of
America at a meeting held on the 1 lth day of July, 1984.
"Be It Resolved, that the President, and any Vice President. Secretary or any Anisteat Secret~ shall be and is hereby vested with full power
and authority t~ appoint any one or mm suitable persons a~ ARorney(s).in-Fect to represent an~ act for and on behaffof the Company."
"RESOLVED that the signature of any officer of the corporation, and the sen] of the corporation may be affixed or printed by fausimilie to any
power of aUorney of the corporation, and that such printed fecsimitie sigmtture and sen] shah be va]id and bincimg upon the corporation."
In Witness Whereof, Unive~nl Surety of America has cesmed thee pre~en~ to be sis, ned by its Pre~ident, John Knn~, Jr. and its
corpornte seal to be he.to affixal thl~ '/th day of Janmary, A.D., 1993.
UNIVERSAL SURETY OF AMERICA
State of Texas
Coumy of Harris
ap__O_=n_,,t~_.._'/_~_, tiny. o.f Ja..nuary, in th? year of.l.~9~, bef, o.?. m,e Anseln .P, I_~i_ gle .n nothry, p.ubllc, perannally appeared John Knox, Jr.,
~k~w~ .own m.?e_?e person .w. no executen me wnmn instrument as rreatdent, on oenalf of the corporation therein named and
reogeo to me mat me corporauon executed it.
Notary Public
Or~ ,the,u..ndersig .n~t..Sec~ ,t~ of,U, nive~. ?~Surety of A~, .eri ,c~ ,b~by ~rfify.~at the above ,~.d foregoing is a full, true and correct ~opy of the
gram rower or Attorney t~sue~ vy sma ~ompany, uno au nereoy forlher ce~ify Ih~t the said Plvwer of AHorney ~s still in affect.
GIVEN under my hand and the seal of said company, at Houston, T~xas, this 6TH day of APRIL ,19 95 .
l=or verification of the authority of this power you may telephone (713) 7224600.
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 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 obligations or liabilities of the Contractor, the
Contractor shall provide and maintain until the contracted work has been completed
and accepted by the City of Denton, Owner, the minimum insurance coverage as
indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, containing the bid
number and title of the project. Contractor may, upon written request to the
Purchasing Department, ask for clarification of any insurance requirements at any
time; however, Contractors are strongly advised to make such requests prior to bid
opening, since the insurance requirements may not be modified or waived after bid
opening unless a written exception has been submitted with the bid. Contractor shall
not commence any work or deliver any material until he or she receives notification
that the contract nas been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in
compliance with these general specifications throughout the duration of the Contract,
or longer, if so noted:
· Each policy shall be issued by a comPany authorized to do business in the
State of Texas with an A.M. Best Company rating of at least A
· Any deductibles or self-insured retentions shall be declared in the bid
proposal. I? requested by the City, the insurer shall reduce or eliminate
such deductibles or self-insured retentions with respect to the City, its
AAAO0350
REVISED 08/02/93 {~1 -
1
Insurance Requirements
Page 2
officials, agents, employees and volunteers; or, the contractor shall procure
a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
· Liability policies shall be endorsed to provide the following:
Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and
that this insurance applies separately to each insured against whom
claim is made or suit is brought. The inclusion of more than one
insured shall not operate to increase the insurer's limit of liability.
· All policies shall be endorsed to provide thirty(30) days prior written notice
of cancellation, non-renewal or reduction in coverage.
· Should any of the required insurance be provided under a claims-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 expiration, such that occurrences arising during the contract
term which give rise to claims made after expiration of the contract shall
be covered.
· Should any of the required insurance be provided under a form of coverage
that in~.ludes a general annual aggregate limit providing Tor claims
investigation or legal defense costs to be included in the general annual
aggregate limit, the contractor shall either double the occurrence limits or
obtain Owners and Contractors Protective Liability Insurance.
· Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is not reinstated, City
may, at its sole option, terminate this agreement effective on the date of
the lapse.
AAA00350
REVISED 08/02/93 CI - 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained
in compliance with these additional specifications throughout the duration of the
Contract, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$500,000 shall be provided and maintained by the contractor. The policy
shall be written on an occurrence basis either in a single policy or in a
combination of underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current
edition) is used:
· Coverage A shall include premises, operations, products, and
completed operations, independent contractors, contractual liability
covering this contract and broad form property damage coverages.
· Coverage B shall include personal injury.
· Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, it shall include at least:
· Bodily injury and Property Damage Liability for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures.
· Broad form contractual liability (preferably by endorsement)
covering this contract, personal injury liability and broad form
property damage liability.
AAAO0350
REVISED 08/02/93 CI - 3
Insurance Requirements
Page 4
IX] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than $500,000 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 in the form of a policy
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, 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 against the City,
its officials, agents, employees and volunteers for any work performed for the
City by the Named Insured.
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Liability insurance policy namirig the City as insured for property
damage and bodily injury which may arise in the prosecution of the work or
contractor's operations under this contract. Coverage shall be on an
"occurrence" basis, and the policy shall be issued by the same insurance
company that carries the contractor's liability insurance. Policy limits will be
at least combined bodily injury and property damage per
occurrence with a aggregate.
AAAO0350
REVISED 08~02~93 Cl - 4
Insurance Requirements
Page 5
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is
unavailable to the contractor or if a contractor leases or rents a portion of a
City building. Limits of not less than each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim
with respect to negligent acts, errors or omissions in connection with
professional services is required under this Agreement.
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an Ali-Risk form for 100% of the completed value
shall be provided. Such policy shall include as "Named Insured" the City of
Denton and all subcontractors as their interests may appear.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous
contracts and specific service agreements. If such additional insurance is
requirgd for a specific contract, that requirement will be described in the
"Specific Conditions" of the contract specifications.
AAA00350
REVISED 08102/93 CI - 5
Insurance Requirements
Page 6
ATTACHMENT I
[X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-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 insurance coverage for the
person's or entity's employees providing services on a project, for the
duration of the project.
Duration of the project- includes the time from the beginning of the work
on the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity.
Persons 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 with the contractor and regardless of
whether that person has employees. This includes, without limitation,
independent contractors, subcontractors, leasing companies, motor
carriers, owner-operators, employees of any such entity, or employees of
any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service
related to a project. "Services" does not include activities unrelated to the
project, such as food/beverage vendors, office supply deliveries, and
delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011 (44) for all employees of the contractor providing services
on the project, for the duration of the project.
AAA00350
REVISED 08~02/93 CI - 6
Insurance Requirements
Page 7
C. ']'he 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, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project.
F. The contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter.
G. The contractor shall 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 providing 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.
AAA00350
REVISED 08/02J93 CI - 7
Insurance Requirements
Page 8
I. The contractor shall contractually require each person with whom it
contracts to provide services on a project, to:
(1) provide 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 its employees providing 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 being
provided for all employees of the person providing services on the
project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
(4) obtain from each other person with whom it contracts, and provide to
the contractor:
(a) a certificate of coverage, prior to the other person beginning
work on the project; and
(b) a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, if the cuverage period
shown on the current certificate of coverage ends during the
duration of the project;
(5) retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known,
of any change that materially affects the provision of coverage of any
person providing services on the project; and
AAA00350
~-WSEO o8~o2/93 CI - 8
Insurance Requirements
Page 9
(7) contractually require each person with whom it 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 is 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 reporting 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
misleading information may subject the contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach
of contract by the contractor which entitles the governmental entity to
declare the contract void if the contractor does not remedy the breach
within ten days after receipt of notice of breach from the governmental
entity.
AAA00350
REVISED 08/02/93 CI - 9
WO~ DAYS , "~0 , ,'
BID NO.
Gardenview Street Sidewalk PO NO.
BID TABU~TION SHEET
Unit Price in Words: Five ~[lars and no/100
8.2-A I Concrete Curb and Gutter/ 20 LF $ 10.00 /LF $200.00
Unit Price in Words: ~n dolors and no/100
8.3-A I 4" Concrete Sidewalk 338 SY I $ 26.10 /SY $8,821.80
Unit Price in Words: ~enty_i~ix
dollars
and
10/100
SP-27 I Relocate Water Meter / 2 EA $ 125.00 /EA $250.00
Unit' Price in Words:~e hunted twenty-five dollars and no/100
SP-2 I C°ncrete Saw Cut l56 LF I $ 5'00 /LF $280'00
Unit Price in Words: Five del ars and no/100
SP-15-A Adjust Water Valve 4 I EA $ 125.00/EA I $500.00
Unit Price in Words:.
~e h~d~ed ~anty-f~.~ ~rs and no/100
unit Price In Words: ~O dollars and no/100
3.9.3 Ist. AugustineSod 1801SY$6.00/SYI~80.00
Unit Price in Words: ~ix~llars an~n~100
sP-39 I Pr°jest sign I 2 EA $ 250.00/EA %00.00
Unit Price in Words:
'~o hundred fifty dollar~ and 6o/100
3.12 I Temporary Erosion Control / -- LS $ 50.00 /LS $ 50.00
Unit Price in '-;ords: Fift~, d~llars and no/100
SP-44SprinklerSystemAdjustments [--ILSI$200'00/LSl$200'00
Unit Price in Words: Two hun red dollars and no/100
P - 3
BID NO. 1711
Gardenview Street Sidewalk PO NO.
BID TABU~TION SHEET
Unit Price in Words: ~e-hurdred dollars and no/lO0
8.1 Detours Barricades, Signs and I -- LS I $ 300'0~LS I $300'00
Unit Price in Words: ~ree h ndred dollars and no/100
1.21 C°ntract°rs Warranties/and Understandings -- ILS I $ 300.00/LS I$ 300'00
Unit Price in Words: THee %undred dollars and no/100
3.3 I Unclassified Excavation 69 CY I $ 10.00/CY I $690.00
Unit Price in Words: TeD dollars and n9/100 ....
Fourteen thousand forty-seven dollars and 80 O0
'3'10'3 I Seeding l! 338 I SY I $ 2'00 /SY I $ 676'00
Unit Price in Words: ~WO dob rs ~aad no/100
I
* This item may be substituted for item 3.10.7 (Hydromulch) at the Engineer's option.
P - 4
WO~ DAYS 40
BID NO.
~orse Street Sidewalk PO NO.
BID TABU~TION SHEET
3-B I Rem°ye C°ncrete ~rb and 65 I LF I $ 5'00 /LF I $325'00Gutter
Unit Price in Words: Five d~llars and no/100
3-0 I R~°ve C°ncrete Drivewaysland Sidewalks 3 Sy I $ 16.20 /sy I $48.60
Unit Price in Words: Sixteen ollars and 20/100
SP-11 Rebuild Brick MailboxI 2 EA I $ 375.00 lEA I $750.00
Unit Price in Words: ~ree h ndred seventy-five dollars and no/100
Uni~ Price in Words: Nine dollars and no/100
SP-12 Relocate Mailbox 6 EA $ 20.00 /~ $120.00
Unit Price in Words: ~enty ollars and no/100
8.2-A Concrete Curb and Gutter ] 15 LF $ 10.00 /LF $150.00
Unit Price in Words: Ten del}ars and no/100
8.4 2' Concrete Median 572 LF I $ 15.00 /LF $87580.00
Unit Price in Words: Fifteen dollars and no/100
SP-15'B I Adjust Manh°le I 2 EA I $ 250.00 /EA $500.00
Unit Price in Words: Two bund ed fifty dollars and no/100
sP-27 I Rel°cate Water Meter I 1 I EA $ 125.00 /EA $125.00
Unit Price in Words: ~e hun red ~w~ty-five dollars and no/100
8'3-A I 4' Concrete Sidewalk I 900 I Sy $ 26.10 /Sy I $23~490o00
Unit Price in Words: Twenty-s}x dollars and 10/100
8.12 Pi~ Handrail [ 20 I LF I $ 20.00 /LF I $~00.00
Unit Price in Words:~enty d llars and no/100
P - 5
WORK DAYS 40
BID NO. 1711
." Morse Street Sidewalk PO NO.
BID TABULATION SHEET
unit Price in Words:
Five (ollars and no/100
8.13 Relocate Chain Link Fence/ 127 I LF I $ 5.00 /LF I $635.00
Unit Price in Words: Five dollars and no/100
3.10.7 Hydromulch ] 900 I SY $ 2.00 /SY $1,800.00
I
Unit Price in Words: Two do lars and no/100
3'9'3 I st' Augustine S°d ] 120 I SY $ 6.00 /SY $720.00
Unit Price in Words: Six del ars and no/100
4'5 I 6" Thick Flex Base 42 I SY $15.00 /SY $~30.00
Unit Price in Words: Fifteen dollars and no/100
8.15 I Concrete Rip Rap [ 9 SY $ 27.00/s¥ $243.00
Unit- Price in Words: Twenty~seven dollars and no/100
sP-39 I Project signs / 2 EA 250.00 /EA I $500.00
Unit Price in Words: Two.hunted fifty dollars and no/100
3.12 I Temporary Erosion Control~ -- LS I $100.00 /LS I $100.00
Unit Price in Words: Be hushed dollars and no/100
sP-44 I Sprinkler System / ILS I /LS I
Adjustments -- $750.00 ~50.00
Unit Price in Words: Seven h~ndred fifty dollars and no/100
3.1 I Preparation of Right-of-/ -- t LS $ 500.00 /LS
Way %00.00
Unit Price in Words: Five ~n~red dollars and no/lO0
Unit Price in Words: ~ree h ndred dollars and no/100
P - 6
WORKDAYS____40
BID NO. ]7]]
~orse'Street Sidewalk PO NO.
BID TABULATION SHEET
and Understandings 1,100.0 ,100.00
Unit Price in Words: One thol ~and one hundred dollars and no/100
unit Price in Words:
Twenty dollars and no/100
Fo~ty-four thousand two hundred saventy-three
and 60/100
!
'3.10.3 Seeding / 900 S¥ I $ 2.00 /SY $1,800.00
Unit Price in Words: Two dol rs and no/100
This item may be substituted for item 3.10.7 (Hydromulch) at the Engineer's option.
P - 7
BID SUMMARY
TOTAL BID PRICE IN WORDS
Fi fty-eight thousmnd three hundred twenty-one dollars and /.0/100
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 fully completed and finished in accordance with the
plans and specifications, to the satisfaction of the Engineer.
The undersigned certifies that the bid prices contained in this
proposal have been carefully checked and are submitted as correct
and final.
Unit and lump-sum prices as shown for each item listed in this
proposal, shall control over extensions.
Floyd Glenn S~it~ -
CONT CTOR
P,O. Box 1781
1519 Willowood
Street Address
Denton, TX 76202
City and State
Seal & Authorization
(If a Corporation) <o17) 565-0114
Telephone
B - 1
BID SUMMARY
Project Work Days Bid
Gardenview Sidewalk 2 0 $14,047,80
Morse Street Sidewalk 40 ~4~273.60
TOTAL 6 0 $58 ~ 321.40
Bid award will be based on total bid prices. Projects are being
separated out for accounting purposes only. Each project is to be
worked separately, one at a time so that one area is finally
cleaned up before moving on to the other. Total days will be
counted. The contractor has 60 work days to complete both
projects.
B - 2
SENT BY:Denton, Texas ; 4-18-05 ;10:21AM ; Ramey & King Tns,-~ 1 817 383 7302Nt 1
~MP~IE8 ~RDIN5 ~VE~E
1"~ ~,~,~ ~- ~ ~, ...~ ......
~........~ ...................................................... t"~"~"~-~ ~T, .
........ j~~ ~ ..........
~ ~ ~ ~ ' ' ..........
~~ ~-~ ~ ............ ~.~ .......
~qLLSIFITE klFtYNE HOLT IEL:817-S66-59z12 FIpr 19,95 8:53 No.O01 P.O1
CERTIFICATE OF INSURANCE
[] ALLSTATE INSURANCE COMPANY [] ALLSTATE INDEMNITY COMPANY [] ALLSTATE TEXAS LLOYD'6
THIS CERTIFICATE IS ISSUED AS A MATFER OF INFORMATION ONLY AND CONFERS NO RIGHI'8 UPON THE CERTIFICATE HOLDER. THIS CE~ITIFI-
CATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CERTIFICATE HOLDER NAMED INSURED
Name and Address of Party to Whom this Certificate la Issued Name and Address of Insured .'
CITY OF DENTON ITS OFFICIALS, AGENTS, FLOYD ,SMITH
EMPLOYEES AND VOLUNTEERS AS ADDITIONAL PO BOX 1781
INSUREDS DENTON TX 76201-1781
VIA FAX ATTN: DENISE 383-7302
This Is to certify that policies of insurance listed below have been Issued to the insured named above subject to Ihs expiration date Indicated below.
notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may
K~ertaln. The Insurance afforded by the policies described herein Is subject to all the terms, exclusions, and conditions of such policies.
TYPE OF INSURANCE AND LIMITS
Policy Effective Expiration
COMMERCIAL GENERAL LIABILITY Number Date Date
Limit Amount
GENERAL AGGREGATE LIMIT (Other than Products -- Completed Operations) $
PRODUCTS -- COMPLETED OPERATIONS AGGREGATE LIMIT $
PERSONAL AND ADVERTISING INJURY LIMIT $
EACH OCCURRENCE LIMIT $
PHYSICAL DAMAGE LIMIT $ ANY ONE LOSS
MEDICAL EXPENSE LIMIT $ ANY ONE PERSON
WORKERS' COMPENSATION & Policy Effective Expiration
EMPLOYERS' LIABILITY Number Date Date
Coverage Limits
WORKERS' COMPENSATION STATUTORY -- applies only in the following states:
BODILY INJURY BY ACCIDENT ~ $ EACH ACCIDENT
EMPLOYERS' BODILY INJURY BY DISEASE I $ EACH EMPLOYEE
LIABILITY
BODILY INJURY BY DISEASE $ POLICY LIMIT
Policy Effective Expiration
AUTOMOBILE LIABILITY Number 649559731 Date 6/11/94 Date 6/11/95
Coverage Basle Llmltl
~[]ANY AUTO [] OWNED AUTOS [~ HIRED AUTOS Combined Single Limit of Uablllty
BODILY INJURY& PROPERTY DAMAGE I $ 1,00.0,000. I EACH ACCIDENT
0[]SPECIFIED AUTOS ~ NON-OWNED AUTOS Spill LlabllHy Limits
[]OWNEO PRIVATE PASSENGER AUT0S $ ~'~P-~,~/r ~"~ PERSON
[]OWNED AUTOS OTHER THAN PRIVATE PASSENGER $ t $ '"J ACCIDENT
Policy Effective Expiration
UMBRELLA LIABILITY Number Date Date
EACH OCCURRENCE GENERAL AGGREGATE I PRODUCTS -- COMPLETED OPERATIONS AGGREGATE
$ $ J
OTHER (Show Policy Effective Expiration
type of Policy) Number Date Date
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
MORSE & GARDEN VIEW SIDEWALKS
CANCELLATION ~j//,,,~ /~
Number of days notice 30 04/19/.95
Should any of the above described policies be cancelled before the explratlondats, the Issuing company wNI endeavor to mail within the number of
days entered above, written notice to the certificate holder named above. Bul~fallure Io mall such notice shall impose no obligation or liability of any
kind upon the company, Its agents or representatives.
It0523-2
APR 19 '95 08:54 817 566 5942 PAGE.001
DATE: MARCH 7, 1995
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1724 - NEIGHBORHOOD PARK PLAYGROUND CONSTRUCTION
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder,
Pittman Construction, in the amount of $ 37,500.00 per park site for a total of
$150,000.00.
SUMM_ARY: This bid is to construct neighborhood playgrounds at MLK Recreation
Center, Denia Park, Mack Park and Owsley Park. The bid includes construction of
a concrete border, "Fibar" surfacing and drainage, and equipment consisting of
swing sets and play sets for each park.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Parks Department, CDBG
Program and park participants.
FISCAL IMPACT: Funding for these playgrounds was received from Community
Development Block Grant Program.
City Manager
Approved:
Name: Tom'D. Shaw, C.P.M.
Title: Purchasing Agent
575 .AGENDA
BID # 1724
BID NAME NEIGHBORItOOD PARK PITFMAN BILL
PLAYGROUND CONST. CONST. JENKS
OPEN DATE FEBRUARY 9, 1995
#~ ~QUANT!TY i. :ii~ .i 'i.:iDESCR!p~IONi;~: :.:~ ::i'i:~ii::~i.;i:.i:ii!~i :~iVENDOR ii. :..::::: ~NDORi i::
#1 MLK JR RECREATION CENTER
PLAYGROUND CONSTRUCTION
lA MATERIALS $25,500.00 $22,310.00
lB SUPERVISION, LABOR, EQUIP. $12,000.00 $16,347.00
#2 OWSLEY PARK PLAYGROUND
CONSTRUCTION
2A MATERIALS $25,500.00 $22,310.00
2B SUPERVISION, LABOR, EQUIP $1 2,000.00 $16,347.00
#3 DENIA PARK PLAYGROUND
CONSTRUCTION
3A MATERIALS $25,500.00 $22,310.00
3B SUPERVISION, LABOR, EQUIP $12,000.00 $16,347.00
~4 MACK PARK PLAYGROUND
CONSTRUCTION
4A MATERIALS $25,500.00 $22,310.00
4B SUPERVISION, LABOR, EQUIP $12,000.00 $16,347.00
BID AMOUNTS
ITEMS 1A,2A,3A,4A $104,000.00 $89,240.00
ITEMS 1B,2B,3B,4B $48,000.00 $65,388.00
TOTAL AMOUNT OF BID $150,000.00 $154,628.00
BOND YES YES
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 7 day of
MARCH A.D., 19 95 , by and between
CITY OF DENTON
of the County of DENTON and State of Texas, acting
through LLOYD V. ~RELL
thereunto duly authorized so to do, hereinafter termed "OWNER," and
PIT,MAN CONSTRUCTION
5405 DALLAS AVE.
FT WORTH, TEXAS 76112
of the City of FT WORTH , County of ?aRRaNT
and State of TEXAS , hereinafter
termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by
OWNER, and under the conditions expressed in the bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID ~ 1724 - NEIGHBORHOOD PARK PLAYGROL%~/) CONSTRUCTION
in the amount of $150,000.00 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 in
accordance with the plans, which includes all maps, plats,
CA - 1
blueprints, and other drawings and printed or written explanatory
matter thereof, and the Specifications therefore, as prepared by
CITY OF DENTON PARKS AND COMMUNITY DEVELOPMENT DEPARTMENTS
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.
Indemnification
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 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 time
stated in the Proposal, subject to such extensions of time as are
provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the Proposal, which forms a part of this
contract, such payments to be subject to the General and Special
Conditions of the Contract.
CA - 2
IN WITNESS WHEREOF, the parties of these presents have
executed this agreement in the year and day first above written.
ATTEST:
ATTEST:
a t/O3k-~ ~-~ PITTMAN CONSTRUCTION
CONTRACTOR
MAILING ADDRESS
PHONE NUMBER
FAX NUMBER
TiThE /'
PRINTED Nh/VIE
APPROVED AS TO FORM: (SEAL)
City Attorney
AAA0184D
Rev. 07/28/94
CA - 3
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That PITTMAN CONSTRUCTION
, of the City of FT. WORT~
County of TARRANT , and State of TEXAS
as PRINCIPAL, and WASHINGTON INTERNATIONAL INSURANCE COMPANY
· as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are
held and firmly bound unto the T~E CITY OF DENTON
as OWNER, in the penal sum of ONE ~UNDRED FIF~"f THOUSAND and no/100 ....
Dollars ($. 150,000.00 ) for the
payment whereof, the said Principal and Surety bind 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 7 day of MARCH
19. 95, for the construction of BID # 1724 - NEIGHBORHOOD PA/{K
PLAY,ROll, ID CONSTRUCTION
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 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 copied at length herein.
PB - 1
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 the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, 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 said Principal and Surety have signed
and sealed this instrument this 15TH day of MARCH
19 95
PITTMAN CONSTRUCTION, INC. WASHINGTON INTERNATIONAL INSURANCE COMPANY'
Principal Surety
Title ~i~. Ti e TRACY TUCKER, ATTORNEY-IN-FACT
Address: 5404 DALLAS AVE Address: P 0 BOX 2285
FT WORTH TEXAS 76112 FT WORTH TEXAS 76113
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
THE TUCKER AGENCY, INC.
206 E 8TH ST #210 FT WORTH TEXAS 76102
NOTE: Date of Bond must not be prior to date of Contract.
AAAO184D
Rev. 07/28/94
PB - 2
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That PITTMAN CONSTRUCTION
of the City of FT. WORTH
County of ~AR~NT , and the State of T~.×A.~ ,
as principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto THE
CITY OF DENTON , OWNER, in the penal sum of
ONE HUNDRED FI~-i'~ THOUSAND AND no/100 Dollars ($ 150,000.00 )
for the payment whereof, the said Principal and Surety bind
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 7 day of MARCH
19 95 .
BID # 1724 - NEIGHBORHOOD PARK PLAYGROUND CONSTRUCTION
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 copied at length herein.
PB - 3
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, 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 said Principal and Surety have
signed and sealed this instrument this 15TH day of MARCH
19 95
PITTMAN CONSTRUCTION, INC. WASHINGTON INTERNATIONAL INSURANCE COMPANY
Principal Surety
Address: 5404 DALLAS AVE Address: P 0 B~X 2285
FT WORTH TEXAS 76112 FT WORTH TEXAS 76113
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
THE TUCKER AGENCY, INC.
206 E 8TH ST #210 FT WORTH TEXAS 76102
AAAO184D
Rev. 07/28/94
PB - 4
Power of Attorney
WASHINGTON INTERNATIONAL INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That the Washington International Insurance Company, a corporation organized and existing under the laws of
the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois does hereby constitute and appoint
TRACY TUCKER, DELBERT TUCKER AND TOBIN TUCKER EACH IN THEIR SEPARATE CAPACITY
~ts true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances,
contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by ]aw, statute, rule,
regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washington
International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its
President and its principal office.
This Power of Attorney shall be limited in amount to $2,000,000.00 for any single obligation.
This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July 3, 1980 and
October 21, 1986 which read, in part, as follows:
1, The President may designate Attorneys-in- Fact, and authorize them to execute on behalf of the Corn pany, and attach the Seal of the Company
thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint
Special Attorneys-in-Fact, who are hereby authorized to certify copies of any power-of-attorney issued in pursuant to this section and/or any
of the By- Laws of the Company, and to remove, at any time, any such Attorney-in-Fact or Special Attorney-in-Fact and revoke the authority
given him.
2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal
of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of
Attorney, certificate, bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be
valid and binding upon the Compan.._y~,~.,~,.,~..~.
IN TESTIMONY WHEREOF, the Wash~'-4b~rn~td,nat Jn'e~l:ance Company. has caused th~s instrument to be signed and its corporate seal to be affixed
by its authorized officer, this 13th d~,~.'ef~94.
~ .0vi-. ~' ~.,;X,h I ~.. ;W~As IN AT ONAL INSLEtANCE COMPANY
COUNTY OF COO~
On this 13th day of July, 1994, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly
sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seal affixed to said
instrument is the Corporate Seal of said Company;
IN TESTIMONY WHEREOF, 1 hay~~and and oxed my Official Seal, the day and year first above wri~en.
....... - .... ,
~ ~0ta,y p,)lk, Sta~ of
· -m ~.¢~ ~p..~' ',-~ 10-7-~5 1 My Commission' ' ~p~res' October 7'%~'996
C~~_~ ~om . .~~- ~ '
STATE OF ILLINOIS)
COUN~ OF COO~
I, the undersigned, Secretaw of WASHINGTON INTERNATIONAL INSU~NCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTI~ that the
foregoing and aQached POWER OF A~ORNEY remains in full force and has not been revoked, and fu~hermore that A~icle IlL Section 5 of the By- Laws
of the Corporation, and the Resolution of the Board of Directors, set fodh in the Power of A~orney, are now in force.
15 T~ ~of ~R C ~ 9 5
Signed and sealed in the Coun~ of Cook. Dated the ,19
Le s M, Moeller, Secretary
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attentiod 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 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 obligations or liabilities of the Contractor, the
Contractor shall provide and maintain until the contracted work has been completed
and accepted by the City of Denton, Owner, the minimum insurance coverage as
indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, containing the bid
number and title of the project. Contractor may, upon written request to the
Purchasing Department, ask for clarification of any insurance requirements at any
time; however, Contractors are strongly advised to make such requests prior to bid
opening, since the insurance requirements may not be modified or waived after bid
opening unless a written exception has been submitted with the bid. 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 satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in
compliance with these general specifications throughout the duration of the Contract,
or longer, if so noted:
· Each policy shall be issued by a company authorized to do business in
the State of Texas with an A.M. Best Company rating of at least
· Any deductibles or self-insured retentions shall be declared in the bid
proposal. If requested by the City, the insurer shall reduce or eliminate
such deductibles or self-insured retentions with respect to the City, its
AFFOOBAi
REVISED 10/I 2/94
Insurance Requirements
Page 2
officials, agents, employees and volunteers; or, the contractor shall
procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
· Liability policies shall be endorsed to provide the following:
Name as additional insured the City of Denton, its Officials,
Agents, Employees and volunteers.
· · That such insurance is primary to any other insurance available to
the additional insured with respect to claims covered under the
policy and that this insurance applies separately to each insured
against whom claim is made or suit is brought. The inclusion of
more than one insured shall not operate to increase the insurer's
limit of liability.
· All policies shall be endorsed to provide thirty(30) days prior written
notice of cancellation, non-renewal or reduction in coverage,
· Should any of the required insurance be provided under a claims-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 expiration, such that occurrences arising during the
contract term which give rise to claims made after expiration of the
contract shall be covered.
· Should any of the required insurance be provided under a form of
coverage that includes a general annual aggregate limit providing for
claims investigation or legal defense costs to be included in the general
annual aggregate limit, the contractor shall either double the occurrence
limits or obtain Owners and Contractors Protective Liability Insurance.
· Should any required insurance lapse during the contract term, requests
for payments originating after such lapse shall not be processed until the
City receives satisfactory evidence of reinstated coverage as required by
this contract, effective as of the lapse date. If insurance is not
reinstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse.
A~JOBA I
R~'VI$ F, ED lO/I Z/~4
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained
in compliance with these additional specifications throughout the duration of the
Contract, or longer, if so noted:
[~"/ A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$500,000.00 shall be provided and maintained by the contractor. The policy
shall be written on an occurrence basis either in a single policy or in a
combination of underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current
edition) is used:
· Coverage A shall include premises, operations, products, and
completed operations, independent contractors, contractual liability
covering this contract and broad form property damage coverage.
· Coverage B shall include personal injury.
· Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, it shall include at least:
· Bodily injury and Property Damage Liability for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures.
· Broad form contractual liability (preferably by endorsement)
covering this contract, personal injury liability and broad form
property damage liability.
A Fr--(}O~A I
Insurance Requirements
Page 4
(,~"~Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than ~500,ooo.o0 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 in the form of a policy
endorsement for:
· any auto, or
· all owned, hired and non-owned autos.
[~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 against 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 provisions 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 obtain, pay for and maintain at all g the
prosecution of the this contract and Contractor's
Protective Liability insurance poi City as insured for property
damage and bodily ' ' may arise m of the work or
contracto under this contract. Coverag on an
AFFOO~A 1
REVISED 10/! .~/~4
Insurance Requirements
Page 5
"~cy shall be issued~
~ic.y Ii.mits will be
at least . amage per
[ ] Fire Damage Legal Liability Insurance
c~~rovide, d or is
~nts a portion of a
' ' required.
[ ] ~al Liability Insurance
~P~ran ..... ~ * not le . _ . .per cla!m
with. re. spect to ne I' ' ' connection with
Builders' R'~k orm , . _m,p eted .value
[]~e
Oth~~
~~n..sur. a.nce .is
r, equired for a s '' ' e described in the
AFF00BA I
REVISED tOt 12/94
Insurance Requirements
Page 6
ATTACHMENT 1
/-
[,]/" Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-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 insurance coverage for the
person's or entity's employees providing services on a project, for the
duration of the project.
Duration of the project - includes the time from the beginning of the work
on the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity.
Persons 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 with the contractor and regardless of
whether that person has employees. This includes, without limitation,
independent contractors, subcontractors, leasing companies, motor
carriers, owner-operators, employees of any such entity, or employees of
any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service
related to a project. "Services" does not include activities unrelated to the
project, such as food/beverage vendors, office supply deliveries, and
delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
AFF00BA 1
REVISED 10/12/94
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, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project.
F. The contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter.
G. The contractor shall 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 providing 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
repo.rt lack of coverage.
A~FOOBA I
REVISED 1011 :b'~l
Insurance Requirements
Page 8
I. The contractor shall contractually require each person with whom it
contracts to provide services on a project, to:
(1) provide 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 its employees providing 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 being
provided for all employees of the person providing services on the
project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
(4) obtain from each other person with whom it contracts, and provide to
the contractor:
(a) a certificate of coverage, prior to the other person beginning work
on the project; and
(b) a new certificate of coverage showing extension of coverage, prior
to the end of the coverage period, if the coverage period shown on
the current certificate of coverage ends during the duration of the
project;
(5) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known,
of any change that materially affects the provision of coverage of any
person providing services on the project; and
AFF~OBA I
REVISED I0/I ~9~1
Insurance Requirements
Page 9
(7) contractually require each person with whom it 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 is 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 reporting 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
misleading information may subject the contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach
of contract by the contractor which entitles the governmental entity to
declare the contract void if the contractor does not remedy the breach
within ten days after receipt of notice of breach from the governmental
entity.
AFF00BA 1
REVISED tO/12/o,4
BID SUMMARY
Mr. Tom Shaw
Purchasing Agent
City of Denton
Denton, Texas
Mr. Shaw:
Having carefully examined the sites, contract documents, plans and specifications, prepared by the Parks
and Recreation Department, I (we) propose to furnish all materials, labor, service, and guarantees
required to perform and complete the work described for the following:
NEIGitBORHOOD PARK PLAYGROUND CONSTRUCTION
· Martin Luther King Jr. Recreation Cemer
* Owsley Park
* Denia Park
* Mack Park
BID SCHEDULE
DESCRiFrION AND PRICE PRICE IN
LOCATION/ITEM ~ W0~ YIGURES
ITEM # I M.L.K. Jr. Recreation Center Playground Construction
l A~ For furnishing and supplying all materials for the playground
construction including border, "Fibar" surfacing and drainage,
and equipment according to t~..h.e plans and specifications complete
and in place for the sum of i/co e,~ r7 ,F-~~ ~ ~pv .~'
dollars and ~ ?"~ cents. $
1 B. For furnishing all supervision, labor, and equipment for installation
ora new playground described in IA above and the plans and
specifications for the sum of ~'-~t~e/~e ;A~v).q,~/~e~,
dollars and ~~2 0 ceres. $_,/~.~DO 0
ITEM #2 OWSLEY PARK PLAYGROUND CONSTRUCTION
2A. For furnishing and supplying all materials for the playground
construction including border, "Fibar" surfacing and drainage, and
equipment according to thc, plans and specifications complete and
in place for the sum of
dollars and O r :~a cents.
2B. For furnishing all supervision, labor, and equipment for installation
of a new playground described in 2A above and the plans and
specifications for the sum of 7-weh~ 4(,,,~o.J 5e~,e_ l:, t:~ dollars
and cen, s.
ITEM #3 DENIA PARK PLAYGROUND CONSTRUCTION
3A. For furnishing and supplying all materials for the playground
construction including border, "Fibar" surfacing and drainage, and
equipment according to the plans and specifications co..~plete and
in place for the sum of
dollars and
3B. For furnishing all supervision, labor, and equipment for installation
ora new playground described in 3A above and the plans and
specifications for the sum ofT~/~ ~o,~3/t~,9 ~eo~. f-,/:/~ dollars
and U cents.
ITEM #4 MACK PARK PLAYGROUND CONSTRUCTION
4A. For furnishing and supplying all materials for the playground
construction including border, "Fibar" surfacing and drainage, and
equipment according to the plans and specifications complete and
in place for the sum of -'~t~-~ ~ -~h,~ ~2~,/t ~,9
dollars and ~x_ cents.
4B. For furnishing all supervision, labor, and equipment for installation
of a new playground described il~ 4A above and the plans and r~
~ /~ tr
and cents.
BASE BID AMOUNTS
Items lA, 2A, 3A, and 4A for the sum or o~e/~,,,/~/ ! dollars
and ~ cent.
Items IB, 2B, 3B, and 4B for the sum of ~.~ ~'~ ~ ~ dofla~
and cents.
TOTAL AMOUNT OF BID $ ~ ..... ~.~ .'~
Bidde~ are ~uir~ to submit ~te~ate Bids ~o add work to or d~u~ work from the Base Bid.
Fa~u~ to submit ~te~ate ~oun~ in spac~ provid~ 'sh~ be b~is for disqu~cation of Bid.
~~A~ ~ 1:
For furnishing and supplying all materials, supervision, labor, and
equipment for the installation of EIGHT (8) INCHES of"Fibar"
Playground Surfacing. DEDUCT $~,~ 0 0
(Per playground)
ALTERNATE it 2:
For furnishing and supplying all materials, supervision, labor,
and equipment for the construction of a 8" X 2'-0" Reinforced
Concrete Playground Border (3000 p.s.i.) ~II~/DEDUCT $ ~ ~)0t~)
ALTERNATE # 3: (Per playground)
3
Delete Owsley Park playground construction in it's entirety from ~
ALTERNATE It 4:
Delete Mack Park playground construction in it's entirety from ~
the base bid. DEDUCTS ..~'..' ~
uPg. Washed Sand Playground Surfacing:
Furnish materials for one cubic yard of Washed Sand Playground Surfacing,
complete
and in place for the sum of /~//]~,
dollars and cents. $ - v
(per cubic yard)
UPI0. Provide labor to install one cubic yard of the playground surfacing as
described in UP9 according tp the plans and specifications complete and
in place for the sum of 7~;~ e,r. dollars
and d) cents. $ //,~,
(per cubic yard)
The undersigned certifies that the bid price contained in this proposal have been carefully checked and are
submitted as correct and final.
NOTE: Unit and Lump Sum prices must be shown in words and figures for each item listed in this
proposal and in the event of discrepancy the words shall control.
Receipt is hereby acknowledged for the following addenda to the contract documents:
Addendum No. I Dated eceived
Addendum No. 2 Dated Received
Addendum No. 3 Dated Received
Addendum No. 4 Dated Received
The undersigned ag~¢s to complete in full the Construction of the Neighborhood Park
Playgrounds within sixty (90) calendar days after receipt of NOTICE TO PROCEED from the
City of Denton.
Seal if Corporation
Contractor
UP3. Gametime Model #8114 Swing-Set Unit, (or approved equaO:
Furnish materials for ONE swing set unit according to t,he plains and ,
specifications complete and in place for the sum of/} / tn e_ )~o a,4t,~
dollars and e.)' cents. $ ~ O E)
(per umt)
UP4. Provide labor to install ONE swing-set unit as described in UP3 according
to the plans and specifica/fions com~?lete and in place for the sum
of /: ~ ~ ~ 0. ~1~ ~. dollars
and cents. $ _5'~O O
(per umt)
UP5. Windsor Stone Border:
Furnish materials for I face square foot of Windsor Stone Retaining Wall
System according to the pla, ns and specifications complete and in place for
the sum of ~/~_~ dot~ltd.5 dollars /~
and ~ cents. $
O
(per face square foot)
UP6 Provide labor to install playground border as described in UP5 according
to the plans and specifigatigns complete and in place for the sum of
3e~,,- d o Ila ~ dollars
and F: ~ t7 cents. $ ~Te 5 fi)
(per face square foot)
UP7. "Fibar" 301 Playground Surfacing and Drainage:
Furnish materials for one cubic yard of"Fibar" 301 Playground Surfacing
Fibar Felt and Drainage accord~.g to the pla~. s and specifications complete
and in place for the sum of "T&~e,~ fiC'o~
dollarsand C~ cents. $ r~2 00
(per cubic yard)
UP8. Provid~ labor to install one cubic yard often playground surfacing as
described in UP7 according to the plans and specifications complete and
in place for the sum of dollars
and cet~ts. $ ~", ~0
(per cubic yard)
ALTERNATE tt 5:
Delete Denia Park playground construction in it's entirety from
the base bid. DEDUCTS
ALTERNATE ti 6:
Furnish and install 12" washed sand in lieu of the Fibar Surfacing.
DEDUCT $ ~
ALTERNATE ti 7: (Per playgrourut)
FurniShsaddle Mate,and installor equal.°ne Gametime # 191 Aluminum Stallion "C" Spring ADD $"ff~/7/'/----5
(Per playground)
ALTERNATE ti 8:
Furnish and install one Gametime # 196 Aluminum Mini Bike "C" Spring ,~'.
Saddle Mate, or equal. ADD $fi'4/~5/
(Per playgmand)
UNIT PRICES
The undersigned agrees that the following unit prices will apply to adjust quantifies of materials indicated
on drawings. Prices are for materials furnished and installed. It is further agreed that the quantities of
work to be done at unit prices and material to be furnished may be increased or diminished, as may be
considered necessary in the opinion of the Owner's Representative, and that all quantities of work,
whether increased or decreased, are to be performed at the unit prices set forth above except as provided
for in the specifications.
UP1. Gametime Model #TDPRI94 Playground Unit, (or approved equal):
Provide materials for ONE playground unit according to plans and specifications
complete and in place for the sum of '7~t/.~/0e ~/~ o~,~ u~a:>
dollars and cents. $ /~fO0O
(per unit)
UP2.Provide labor to install one playground unit as described in UP 1 according
to the pi ,ans and specifications complete and in place for the sum
and cents. $ ~. t~OO
(pe~.-i~)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MAI-rER OF INFORMATION
TUCKER AGENCY, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. 8OX 2285 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
FORT t,K)RTH, TX 76113 COMPANIES AFFORDING COVERAGE
COMPANY
(817) 336-8520 A TX fJORKERS COMP INSURANCE FUND
INSURED COMPANY
PITTMAN CONSTRUCTION, INC. B CNA INSURANCE COMPANY
5404 DALLAS AVENUE COMPANY
FORT IJORTH, TX 76112 C
COMPANY
{ D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAiD CLAIMS.
co POUCYEFFECTIVE POLICY EXPIRATION
LTR ]TPE OF INSURANCE POLICY NLIMBER DATE (MM/DD/Y%9 DATE (MM/DD/'/Y) LIMITS
GENERAL LIABILITY GENERAL AGGREGATE $ 1,000,00C
8 X COMMERCIAL GENERAL LIASIUTY 1031844321 11/15/94 03/23/95 PRODUCTS - COMP/Dp AGG $ 1~000,000
I CLAIMSMADE [~ OCCUR PERSONAL&ADVINJURY $ 1,000,000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE (Any one fire) $ 50,000
MHD EXP (Any one pe,'son) $ 5,00fl
B X ANY AUTO 1031844318 11/15/94 03/23/95 COMBINED SINGLE MMIT $ 1,000,000
EXCESS UABIUTY EACH OCCURRENCE $ 1,000,000
B X UMBRELLA FORM 1031944335 11/15/94 03/23/95 AGGREGATE $ 1,000,000
WORKERS COMPENSATION AND I STATUTORY UMITS i : . :. '.: 'i i: : i -
EACH ACCIDENT $ 500,, 000
A PARTNERS/EXECU]Tv'E '~IE PROPRIETOR/ INCL SBP1020011 07/17/94 07/17/95 DISEASE - POMCY UMIT $ 500,00{~
OFFICERS ARE: ID(CL DISEASE ~ EACH EMPLOYEE $ 500,00C
THE LIABILITY POLICIES AR CONSIDERED PRIMARY TO ANY THER INSURANC ~ AVAILABLE T( THE ADDITIONAL INSURED WITH
RESPECT TO THE CLAIMS COVERED UNDER THE POLICY AND TH;T THIS INSURANCE APPLIES S PARATELY TO EACH INSURED AGAINST
WHOM CLAIM IS MADE OR SUI IS BROUGHT.
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
RE: BID #1724 - NEIGHSORHO00 PARK PLAYGROUND CONSTRUCTION
CITY OF DENTON, [TS OFFICIALS, AGENTS, EMPLOYEES & VOLUNTEERS ARE ADDITIONAL
INSUREDS(EXCLUDING ~/.C.); ~JAIVER OF SUBROGATION FAVOR OF ADDITIONAL INSUREDSt E×CLUDING THE WOP.~ERS COHPENSATIOH.
DENTON, TX 76201 AUTHORIZED REPRESENTATIVE ,
TOBIN TUCKER ~~~
PRODUCER THIS CERTIFICATE IS ISSUED AS A MA'rFER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
TUCKER AGENCY, INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. BOX 2285 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
FORT WORTH, TX 76113 COMPANIES AFFORDING COVERAGE
(817) 336-8520 A TX IJORKERS COMP INSURANCE FUND
(l~3~;d, Jy"~ COMMERCIAL UNION INSURANCE CO
PITTMAN
CONSTRUCTION,
INC.
5404
DALLAS
AVENUE
COM,~PANY NORTHERN ASSURANCE COMPANY
FORT ~JORTH, TX 76112
I D
~ ~ ~j~'g ~i:~i~:~i!'~i~!i~::.:: ~;~!:i;':.::~::'i:::i::' :.:'::::!~Y:i~ ?ii. !::.:':::~F. :i::~i~' ?:?-i ~i:~!;:i!:::~::~::~iii!~.!i!i!::i~iii!i~!~ii:~!i~:::i:::~i~::~i:::i~i~:i::i~i::~:;~ii:::~:.~i;..i:::::::;'~::ii'::i::ii::i::.~i::::::ili: i~iiii!ii:/J!iiiiii ;:: i:!:/J::~? U !: i~:!ii:: !:!?::.: :::/:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
E)(CLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS
GENERAL LIABILITY GENERALAGGREGATE $ 2,000,000
COMMERCIAL GENERAL~LIA81LITY CRR483487 03/23/95 03/23196 PRODUCTS- COMP/DP AGG $ 1,000,000
CLAIMS MADE I XI OCCUR PERSONAL & ADV INJURY $ 1,000,000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
FiRE DAMAGE (Any one tire) $ 50,000
MEO EXP (Any one person) $ 5,000
__ ANY AUTO NRAK60082 03/23/95 03/23/96 COMBINED SINGLE UMIT S 1,000,000
ID(CE.SS UABIUTY EACH OCCURRENCE $ 2,000,000
__ UMBRELLA FORM BINDER 03/23/95 03/23/96 AGGREGATE $ 2,000,000
OI~IER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND [ STATUTORY LIMITS :
EACH ACCIDENT $ 500,000
PARTNERS/E](ECUTIvETHE PROPRIETOR/ ~ INCL SBP1020011 07/17/94 07/17/95 DISEASE- POUCY UMIT $ 500,000
OFFICERS ARE: IX I EXCL DISEASE - EACH EMPLOYEE $ 500~000
THE LIABILITY POLICIES A] g CONSIDERED PRIMARY TO ANY )THER INSUPJ~N :E AVAILABLE ~b THE ;d)DITIONAL INSURED WITH
RESPECT TO CLAIMS COVERE~ UNDER THE POLICY AND THAT ~IS INSUR~CE APPLIES SEPAraTELY TO EACH INSURED AGAINST
WHOM CLAIM IS MADE OR SUiT IS BROUGHT.
RE: BID #1724 - NEIGHBORHO00 PARK PLAYGROUND CONSTRUCTION
CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES & VOLUNTEERS ARE ADDITIONAL
INSUREDS(EXCLUDING ~/.C.); [JAIVER OF SUBROGATION FAVOR OF ADDITIONAL INSUREDS, E×CLBDING THE WORKERS COMPENSATION.
CITY OF DENTON 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
PURCHASING DEPT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR LIABILITY
901 B TEXAS STREET OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
DENTON, TX 76201 AUTHORIZED REPRESENTATIVE -- ·
DATE: MARCH 7, 1995
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1729 - HVAC RENOVATION FOR RECREATION CENTERS
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, DRT
Mechanical, in the amount of $85,050.00.
SUMMARY: This bid is for replacement of the heating ventilation and air
conditioning (HVAC) systems at Denia Recreation Center and North Lakes Recreation
Center. Included in the bid are new roof top units and a new Automatic Temperature
Control (ATC) for both recreation centers. The project is designed to retrofit the
roof top unit oniy and to make no changes to the duct work or air distribution
system. Since humidity is a major problem in high ceiling gymnasium applications,
we specified an 8.9 to 9.0 minimum SEER rating unit with a lower coil operating
temperature designed for improved humidity control. To accomplish the proper
humidity control in this particular application, we determined it was not in our best
interest to pursue the high energy efficiency (12.0 SEER rating units) but to stay
with the more efficient humidity control type units.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Recreation Center
participants and Facilities Management Department.
FISCAL IMPACT: Funds for this HVAC renovation project will come from 1994/95
budget funds Account Number 100-032-0002-8502.
~yd~Ctfully Stlb~~itted: J
V. Harrell /
City Manager
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
580.AGENDA
Z95004A. ORD
NOTE: THERE IS NO ORDINANCE 95-147
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
AMENDMENT TO THE DETAILED PLAN OF LOT 4R, BLOCK 27, ORIGINAL TOWN
OF DENTON, A 0.661 ACRE TRACT LOCATED APPROXIMATELY ONE HUNDRED
FORTY FEET (140') NORTH OF PRAIRIE STREET, BETWEEN ELM AND LOCUST
STREETS, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT A, ATTACHED
HERETO AND INCORPORATED BY REFERENCE HEREIN; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Jack Bell previously applied for and received
approval of a change in zoning from the Commercial (C) zoning
district and use classification to the Planned Development District
zoning district and use classification (PD-156), upon passage and
approval of Ordinance 95-043 on March 7, 1995; and
WHEREAS, Jack Bell has subsequently applied to the Planning
and Zoning Commission to amend the detailed plan applicable to said
zoning, to allow retail uses in addition to those already approved;
and; and
WHEREAS, on August 9, 1995, the Planning and Zoning Commission
recommended approval of the requested amendment to the previously
approved detail plan; and
WHEREAS, the City Council finds that the amendment to the
detailed plan will be in compliance with the Denton Development
Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the detailed plan for the PD-156 zoning
district classification and use designation of the 0.661 acres of
land described in Exhibit A, attached hereto and incorporated into
this ordinance by reference, is hereby amended to include retail,
as well as office and apartment uses, under the comprehensive
zoning ordinance of the City of Denton, Texas, said amendment being
effected by the approval of the revised notes contained in Exhibit
B, attached hereto and incorporated by reference herein, which
supersede the notes contained in the original detailed plan.
SECTION II. That the provisions of this ordinance govern and
control over any conflicting provision of Ordinance No. 95-043.
SECTION III. That a copy of this ordinance shall be attached
to Ordinance No. 95-043, showing the amendment herein approved.
SECTION IV. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION V. That this ordinance shall become effective
fourteen (14) days from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this ordinance
to be published twice in the Denton Record-Chronicle, a daily
newspaper published in the City of Denton, Texas, within ten (10)
days of the date of its passage.
PASSED AND APPROVED this the /~day of ~,
1995.
BO~ CAST
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
HERBERT L. PROUTY, CITY ATTORNEY
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~LL that certain lot, tract or parcel of land lying and being
situated in the William Loving Survey, ~bstract Number 759 in the
City and County of Denton, Texas and being part of Lots 3, 4, 5,
and 6, Block 2?, Original Town of Denton, as described in the deed
from Dollie I. Cruze to S.B. Frost recorded in Volume 561, Page 191
of the Deed Records of Denton County, Texas and in the deed from
S.B. Frost Oil Company to Stanley F. Frost and wife recorded in
Volume 656, Page 471 of the Deed Records of Denton County, Texas
the subject tract being more particularly described as follows:
BEGINNING at the northeast corner of said Frost tract recorded in
Volume 561, Page 191 of the D.R.D.C.T., smme being a point on the
west line of South Locust Street;
THENCE South 02' 07, 08' East along the east line of said Frost
tract (V. 561/P. 191) and the west line of South Locust Street a
distance of ?6.08 feet to a point for corner;
THENCE South 89' 30, 25" West along the south line of said Frost
tract (V. 561/P. 191) a distance of 151.11 feet to a point for
corner, said point lying in the east line of said Frost tract (V.
656/P. 471, Tract I);
THENCE South 00' 25' 55" East with the east line of said Frost
tract (V. 656/P. 471, Tract I) a distance of 36.15 feet to a point
for corner;
THENCE South 89' 3?, 09" West with the south line of said Frost
tract (V. 656/P. 471, Tract I) a distance of 151.19 feet to a point
for corner, said point lying on the east line of South Elm Street;
THENCE North 00' 26, 49" West along the east line of South Elm
Street a distance of 115.25 feet to a point for corner, said point
being the northwest corner of said Frost tract (V. 656/P.471 Tract
II~ ~
THENCE South 89' 45' 13~ East along the north line of said Frost
tract (V. 656/P.471 Tract II) a distance of 150.27 feet to a point
for corner, said point being the northeast corner of said Frost
tract (V. 656/P.471 Tract II) and the northwest corner of said
Frost tract (V. 561/P. 191);
THENCE South 89' 57' 17" East along the north line of said Frost
tract (V. 561/P. 191) a distance of 149.83 feet to the POINT OF
BEGINNING and containing .661 acre of land.
ATTACHMENT 3
AMENDED NOTES FOR PLANNED DEVELOPMENT
ZONING REQUEST ON LOT 4-R
Detailed Plan Notes:
1 Lot 4-R ~s owned and will be developed by Jack Bell, Jr of Denton, Texas. Two
existing vacant buildings will be demolished and removed~
Planned Development zoning is requested on the lot. Three structures will be built;
each with office space and retail on the ground floor and apartments on the second
floor.
2. Lot 4-R is 0.661 acres of area. The building will be set back approximately 23'6" from
S Elm and S. Locust street rights-of-way. This setback is more than the other
buildings on Block 27 (the Mercado Juarez restaurant, the Denton County 5 story
building at S. Locust and Sycamore, and a masonry building on S Elm.)
3 Development Standards:
Maximum Building Height 2 stones
Maximum Building Area ( Total of 3) 6480 sq ft. (ground floor office.)
6100.sq ft (second floor apartments)
12,580 sq. ft.
4 Parking will be shared between Lots 4-R and 5-R. A wdtten joint use agreement will
be prowded by Mr. Bell, the owner of both lots (and the buildings thereon).
Parking shall be provided according to sections 35-30 (c) 2, 35-301 (c) 15, 35-301 (c)
19 of the Code of Ordinances.
5 No drainage structures are proposed with this redevelopment. Lot 4-R has 95% +
~mperv~ous cover at present. The entire lot is located in the floodway fringe; it is
~nundated by the 100-year flood but it is beyond the floodway limit. Consequently,
construction is permitted if (and only if) it complies with C~ty and federal flood plain
management regulations. It is required to provide fimshed floor elevations at least 1 5'
above the 100-year flood elevation.
5 All necessary water and sanitary sewer main improvements are in place to serve this
redevelopment. No new construction is proposed Electric facd~t~es are available to
the lot. A new transformer will be installed at the northeast corner of the lot
7 Lot 4-R ~s entirely w~thm the c~ty limits Current zomng is Commercial.
8 Lot 1-R ~s owned by the Denton Housing Authority It ~ncludes the old five story hotel
at the corner of Sycamore and S. Locust Streets which w~ll be remodeled for housing
use The port~on of Lot I-R adjacent to Lot 4-R ~s currently vacant ground
9. Traffic Generation (based on Moderate Activity Center rate):
0.661 ac. x 350 trips/day/acre = 231 tdps~day
10 No public open space is proposed for Lot 4~R,
11 No fencing, berms, or screening are proposed.
12. Concrete sidewalks exist along the entire frontages of S Elm and S. Locust Streets.
Both sidewalks are located in the street right-of-way. They are not shown on the
drawing in order to avoid clutter.
13. Project signs: Two free standing directory signs will be constructed, one at each end
of the lot near the building. Each sign will have 25 square feet in surface area.
14 Apartments on the second floor may be larger than the first floor. The apartments will
overhang the offices and retail at the front and rear walls Building setback distances
from the lot line will be 10' for the first floor offices and retail, and at least 7'6" for the
second floor apartments. Minimum finished floor elevations are shown for each office
(Add 630' to each number.) Refer to Note 5 for additional information.
15. Twenty-five 5 gallon dwarf Burford Holly and two 2" Texas Red Oak trees wdl be
planted at each end of the new parking lot in the "screening area." The planting bed
w~dth varies from 3' to 6' along S. Elm and averages 8' along S. Locust. Sixty-five
percent of the total street yard will be landscaped.