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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 / / ~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.