1995-055EXPENDITURE OF FUNDS THEREFORE; 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
1707 CLIFFORD E. FOGUS COMPANY $791,309.00
1737 SOUTHWEST INDUSTRIAL CONSTRUCITON $156,394.00
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 th~/~;~ day of ~ ,1995.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
AP ED AS TO LEGAL FORM:
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
DATE: MARCH 21, 1995
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1707 - SOUTH LAKES PARK PHASE I CONSTRUCTION
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder,
Clifford E. Fogus Company, in the amount of $791,309.00. We also recommend that
alternates 1-6 be rejected.
SUMMARY: This bid is for construction of the facilities for Phase I of the South
Lakes Park. It includes a seven acre lake and fishing pier, two picnic pavilions,
picnic tables, two tennis courts, one multi-use court, one sand volleyball court,
concrete jogging trails, soft surface nature trails, one playground and restroom
facilities.
The alternates rejected include:
ALT 1. Masonry seat wails between columns at picnic pavilions
ALT 2. Additional hiking and bike trails
ALT 3. 10' chainlink fence in lieu of 4' fence on side of tennis courts
ALT 4. Metal roof in lieu of composition roof at picnic pavilions
ALT 5. Stainless steel toilet fixtures in lieu of porcelain fixtures
ALT 6. Provide cast in place concrete copings in lieu of cast stone
copings at pavilion
BACKGROUND: Tabulation Sheet
PROGRAMS~ DgPARTMENTS OR GROUPS AFFECTED: Parks and Recreation
Department, Citizens of Denton.
FISCAL IMPACT: This project is being funded from General Obligation Park Bonds
Account #467-031-SLAK-0001-9155. Budget estimate for this project was $800,000.00.
Res~tfully~ub]fd~ed: / /
Llo~i V. Harrell /
City Manager
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
583 .AGENDA
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CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 21 day of
MARCH A.D., 19 95 , by and between T~E CITY OF
DENTON
of the County of DENTON and State of Texas, acting
through LLOYD V. m%RRELL
thereunto duly authorized so to do, hereinafter termed "OWNER," and
CLIFFORD E. FOGUS COMPANY
2333 HINTON
IRVING,TEXAS 75061
of the City of IRVING , County of DAT.T.AS
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 # 1707 - SOUTI{ LAKES PARK CONSTRUCTION
in the amount of $791,309.00 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
NEWMAN, JACKSONr BIEBERSTEINr INC.
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:
(sm )
ATTEST:
CONTRACTOR
MAILING ADDRESS
/
PHONE NUMBER
FAX NUMBER
TITLE
PRIN~.D NAME
APPROVED AS TO FORM: (SEAL)
~,~%,,~ C~ty Atto~-~ey
AAA0184D
Rev. 07/28/94
CA - 3
PERFORMANCE BOND
Bond No. TX 090 8175 00
STATE OF TEXAS §
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That CLIFFORD E. FOGUS COMPANY , of the city of IRVING
County of DanT.AS , and State of TEXAS
as PRINCIPAL, and Universal Surety of America, 5440 Harvest Hill~ No.172
Dallas, Tx 75230 , 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~ECITYOF DENTON
as OWNER, in the penal sum of SEVEN HUNDRED NINTYONET~OUSANDT}{REE
/{UNDRED NINE and no/100, Dollars ($ 791,309.00 ) for the
payment whereof, the said Principal and Surety bind themselves, and
their heir.s, 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 21 day of MARCH ,
19 95, for the construction of BID # 1707 - SOUT~LAKES PARK 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 4 day of April ,
19 95.
Clifford E. Fo§us Company Universal Surety of America
Principal Surety
ciiffo~' E. F6gd~-
Michael ~. Whis%Jant
Title Owner Title Attorney-in-Fact
Address: 2333 Hinton Address: 5440 Harvest Hill, No.172
Irving, Texas 75061 Dallas, Texas 75230
(SEA ) (SEAL)
The name and address of the Resident Agent of Surety is:
Steve Thomas, SLT Insurance & Bonds, 5201 South Colony Blvd., No. 545
The Colony, Texas 75056
NOTE: Date of Bond must not be prior to date of Contract.
AAA0184D
Rev. 07/28/94
PB - 2
PAYMENT BOND
Bond No. TX 090 8175 00
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That CLIFFORD E. FOGUS COMPANY
of the city of IRVING
County of DAnTe,S , and the State of TEXAS ,
as principal, and Universal Surety of America
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto
~ ciTY OF DENTON , OWNER, in the penal sum of
SEVEN ~{UNDRED NINTY ONE TI{OUSAND T~REE ~UNDRED . 791,309.00
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 21 day of ~ARCH
19 95
BID # 1707 - SOUTH LAKES PARK 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 4 day of April
19 95
Clifford E. Fogus Company Universal Surety of America
Principal ~ Surety~
~ichael P. ~hise ant
Cl±~ford ~. Fo~s
Title Owner Title Attorney-in-fact
Address: 2333 Hinton Address: 5440 Harvest Hill,No.172
Irving~ Tx 75061 Dallas, Texas 75230
(SEAn) (SEAn)
The name and address of the Resident Agent of Surety is:
Steve Thomas~ SLT Insuracne & Bonds, 5201 South Colony Blvd., No. 545
The Colony~ Texas 75056
AAA0184D
Rev. 07/28/94
PB - 4
MAINTENANCE BOND
Bond No. TX 090 8175 00
THE STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That CLIFFORD E. FOGUS
COMPANY as Principal, and Universal Surety of America
a corporation authorized to do business in the State 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 SEVENTY NINE~OUSANDONE~q3NDRED~IRTYand 90/100 ......
Dollars ($ 79.130_90 ), 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 CLIFFORD E. FOGUS COMPAlqY
has this day entered into a written contract with the said City
of Denton to build and construct BID # 1707 - SOUTh{ LAKES PARK
CONSTRUCTION
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 Clifford E. Focus Company
as Contractor and Principal, has caused these presents to be
executed by Clifford E. Fo§us
and the said Universal Surety of America
as surety, has caused these presents to be executed by its
Attorney-in-Fact Michael P. Whisenant
and the said Attorney-in-Fact has hereunto set his hand this 4
day of April . , 19 95
SURETY: PRINCIPAL:
Universal Surety of Am~ric~ Clifford ~. Fog.~us Comply
Michael P. ~hisenant C
Owner
Attorney-in-Fact
AAA0184D
Rev. 07/28/94
MB - 2
FII ItI I ffilI UNIVERSAL SURETY OF
UNIVERSAL SURETY OF AMERICA
P.O. BOX 1068 -Houston, Texas 77251-1068I
GENERAL POWER OF ATTORNEY - CERTIFIED COPY
TX 0908175 00
Know All Men by These Presents, That UNI.VERSAL S ~URETY,OF ,AM?RICA, a ~orpor, ation d~y~.,o~rg~a_n~'~e~d oa.nmdt existing under the laws of
the State of Texas, and having its principal office m Houston, lexus, noes oy mese presents ma~e, corlsutut~ ~utu
Michael P. Whisenant
· ' ~ ed in its name lace and stead to execute acknowledge and
its m~e and lawful Attomey(s)-in-Fact, with full power and authority nereoy comerr . p , ,
deliver bonds for:
Clifford E. Fogus Company, 2333 Hinton, Irving, Tx 75061
Principal-
Obligee: The City of Denton, Texas, 90lB Texas St., Denton, Texas
Amount: $791,309.00
and to bind the company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
com an and dul attested b its secretary, hereby ratifying and confn'ming all that the said Attomey(s)-in-Fact may do within the above stated
limit~tiJns. Said Yappointme~ty is made under and by authority of the following resolution adopted by the Board of Directors of Universal 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 Assistant Secretory shah be and is hereby vested with full power
and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company."
"RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimilie to any
power of attorney of the corporation, and that such printed facsimilie signature and seal shah be valid and binding upon the corporation."
In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President, John Knox, Jr. and its
corporate seal to be hereto affixed this 7th day of January, A.D., 1993.
UNIVERSAL SURETY OF AMERICA
~'..~L~ ;.! a ? Jolm,~l~x, Jr. g'~ President
...... ............. / ;2' .....
State of Texas ss ..... '~'""~" ,r
County of Harris '
On this 7th day of January, in the year of 1993, before me Angela P. Daigle a notary public, personally appeared John Knox, Jr.,
personally known to be the person who executed the within instrument as President, on behalf of the corporation therein named and
aclmowledged to me that the corporation executed it.
.
L the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, txue and correct copy of the
Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in affect.
GIVEN under my hand and the seal of said company, at Houston, Texas, this 4TH day of APRIL ,19 95 .
~ For verification of the authority of this power you may telephone (713) 2 .
_ g___a lffilllffill' U N IVE R S A L SURETY OF
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly
recommended that bidders confer with their respective insurance carriers or brokers
to determine in advance of Bid submission the 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 A
· 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
AJ:F001½A I
REVISI~D 10/12/94
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.
AFFOOBA 1
REVISED 10/12/94
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:
Ix] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$1,ooo,ooo 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.
AFF00BA1
REVISED 10/12/94
Insurance Requirements
Page 4
[×] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than ~5oo,ooo 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 t~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 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 naming 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
AFFOOBAI
REVISED 10112194
Insurance Requirements
Page 5
"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.
[ ] 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
required for a specific contract, that requirement will be described in the
"Specific Conditions" of the contract specifications.
AFFOOBA1
REVISED 10112194
Insurance Requirements
Page 6
ATTACHMENT I
Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage Ccertificate")-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.
AFFOOBAI
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 p,erson 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.
AFFOOBA 1
REVISED 10/12/94
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
AFF00BA I
REVISED 10112/94
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.
A F F00B A 1
REVISED 10/12/94
ADDENDA:
This will acknowledge receipt of the following addenda which are part of the Bidding Documents:
Addendum No. / ~.-I(~-q~" Addendum No.
Addendum No. :Z. Z-i'7-q.~ Addendum No.
The undersigned bidder hereby declares that he has visited the site of the work end has carefully
examined the Contract Documents pertaining to the work covered by the above bid, end he further agrees
to commence work within ten (10) days after date of written notice to do so end to substentially complete
the work on which has bid within /~'o consecutive calendar days subject to such
extensions of time allowed by specifications.
The undersigned bidder agrees that his bid shall be good end may not be withdrawn for a period of 60
calendar days after the scheduled closing time for receiving bids.
The undersigned bidder understands that the Owner reserves the right to reject eny or all bids end to
waive any informalities in the bidding.
BID GUARANTY:
Enclosed with this Bid is a Certified Check for Bid Bond in the sum of:
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event this
Bid is accepted by the Owner within 60 days after the bids are received end the undersigned falls to
execute the Contract end the required Bonds with the said Owner within ten (10)days after the date said
Bid is accepted; otherwise said check or bond shall be returned to the undersigned upon demend.
Contractor (firm name)
Address
*Seal
City, State, Zip Code
Phbne / ~-~
*If Bidder is a Corporation
OO3OO-5
GRANT RECREATION FACILITY COST ANALYSIS
The City of Denton hes received a grant from the Texas Parks and Wildlife Department for assistance in
the development of this park. Fo~ cost analysis purpose only, the City must know the cost of the following
items es requested by the Texas Pa~s and Wildlife DepartmenL Include in these costs general condition,
site work, and project algnage (bronze plaque and construction signs).
· Fishing Pier $13,ooo
Two tennis courts including fencing, all earthwork,
concrete and su~fecing within the fence areas $
· Two picnic pavilions $ /1~, ~o0
· Multi-purpose court and basketball goal $ I~.o00
· Sand volleyball courts grading and concrete edge $
· Restroom $
· Two drinking fountains
· 8' wide 4" thick concrete hike and bike trail to
include grading, bridges, and necessary modular
retaining walls
· Concrete walks other than hike and bike trail $
, Bronze plaque and temporary construction sign $ /
· Lake excavation $ ~Z~c/, 509
Total Sum for These Bements $
PROOUC~ CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
STEVEN I_ THOMAS AGENCY pOlICIES BELOW.
5201 S. COLONY BLVD. COMPANIES AFFORDING COVERAGE
SUITE 545
THE COLONY TX 75056-
COMPANY A BITUMINOUS INSURANCE COMP
LETIER
COMPANY B GREAT AMERICAN INS. CO.
COMPANY C TEXAS W/C INS. FUND
C. E. FOCUS COMPANY L~,U~
2333 HINTON
COMPANY D
IRVING TX 750610000 LETTER
COMPANY E
THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
! POUCY r. rrrCllVE POLICY E~PtRAllON UI/dTS
GO TYPE OF INSURANCE POMCY NUMBER DATE (MM/DD/YY) DATE(MM/DDt(Y)
LTR
GERE~AL U~e~ CLP2183416 09/11/94 09/11/95 G~NERAL AGGREGATE $ 2000000
A X co~MBRc~AL GENEP~L LIABILITY ~ PRODUCTS~COMP~)P AGG. $ 2000000
: CLAIMS MADE X OCCUR. : i PERSONAL & ADV. IN~JRY $ 1000000 ' '
' ' ? ' EACH OCCURRENCE $ 1000000
X OWNER'S & CONTRACTOR'S PROT.
: FIRE DAMAGE (Any one fire) $ 50000
............... ~ MED. EXPENSE (Any one pe;son) $ 5000
A ~.AUTO~OmLE.. L~mLmr CAP1823348 09/11/94 09/11/95 . LIMITCOMBiNED SINGLE $ 10000~0
X ANY AUTO
X ALL OWNED AUTOS BODILY INJURY
... (Pe; person}
X SCHEDULED AUTOS
X HIRED AUTOB . BODILY INJURY
: (Per accident)
· ' )~ NON~)WNEO AUTOS
GARAGE LIN~IL~ PROPERTY DAMAGE $
[ ~;XC~SS U~iLrrY CUP1789636 09/11/94 09/11/95 . EACH OCCURRENCE $ 2000000
X UMBRELLA FO~ ~ :. AGGREGATE $ 20~X)00
OTHER THAN UMBRELLA FORM . . ............................................... ......~-
WORKEr'S COMPENSATION :
' ! TSF103830-02 09/19/94 09/19/95 . EACH ACCIDENT S 500000
C AND OISEASE - POLICY LIMIT $
OTHER
B INLAND MARINE TIM8764247 06/28~4 06/28/95 AGGREGATE 100000
LOSS DAMAGE WAIVER FOR ::ANY ONE ITEM 50000
LEASED/RENTED EQUIPMENT DEDUCTIBLE 500
RE: SOUTHLAKES PARK/CITY O
CITY OF DENTON, ITS OFFICIALS, EMP. & VOLUNTEERS ARE MSTEO AS ADD'L INSD'S
ON THE G/L & AUTO POI- & SUCH INS. IS PRIMARY TO ANY OTHER INS. AVAILABLE-
TO THE ADD'L INS'D WITH RESPECTS TO CLAIMS MADE OUT OF WORK PERFORMED BY THE
INSURED/A WAIVER OF SUBRO. IN FAVOR OF CERT. HOLDER APPEES TO THE G/L,AUTO
~[:.i::~i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
:~:~.~:! EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
:?' 30
:'-:!.~:: MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
CITY OF DENTON
215 E. McKINNEY :~?~ii~:: LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OB
!i.~:iil' LIABILITY OF ANY KIND UPON THE COMPANY, iTS AGENTS OR REPRESENTATIVES.
DENTON TX 76201 :::.:~
DATE: MARCH 21, 1995
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1737 - RENOVATION OF FRED MOORE CHILD CARE CENTER
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder,
Southwest Industrial Construction, in the amount of $156,394.00.
SUMMARY: This bid is for the complete renovation of the Fred Moore Child Care
Center at 821 Cross Timbers. The bid includes general site work, chainlink fencing,
concrete flat work, roof replacement, new finish for floors, walls and ceilings,
cabinets, bookcases, shelves, doors and frames, thermal windows, toilet
accessories, plumbing upgrade, rooftop HVAC units, new electrical lighting and
power distribution.
Cathy Kircher from the Fred Moore Child Care Center and Barbara Ross from
Community Development recommend this award. Nursery School operations have
been temporarily relocated to the Fred Moore Learning Center.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Fred Moore Child Care
Operations, and Community Development Division.
FISCAL IMPACT: This project will be funded from Community Development Block
Grant funds Account #219-058-CD91-8502. Original project estimate was
$200,000.00.
tfully submitted
ager ~
Approved:
Name: Tom D. ghaw, C.P.M.
Title: Purchasing Agent
582. A~ENDA
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 21 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
SOUTHWEST INDusTRIAL CONSTRUCTION INC.
121 EXPOSITION STREET
DENT~)N, TEXAS 76205
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 ~ 1737 - RENOVATION FRED MOORE CHILD CARE CENTER
in the amount of 156,394.00 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
ALAN N~.T.~ON ARCHITECT
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:
CITY OF DENTO~
O~ER ~ ~ / /
~'-' (SEAL) ,D' /--
ATTEST:
~~../~ SOUTHWEST IDUST~ CONS~UCTION INC.
121 EXPOSITION STREET
DENTON, TEXAS 76205
~ILING~DRESS
817-566-1899
PHONE N~BER
817-383-2066
F~ N~BER
T.E. STANEK
PRINTED NME
AAA0184D
Rev. 07/28/94
CA - 3
BOND PREMIUM BASED ON
-: FINAL CONTRACT PRICE
" PERFORMANCE BOND BOND NO. 015004555
STATE OF TEXAS
COUNTY OF DENTON
~C/CON KNOW ALL MEN BY THESE PRESENTS: That SOUTHWEST INDUSTRIAL
STRUCTORS
CO~;STR'JCTIO~! INC. , of the City of DENTON
County of DENTON , and State of TEXAS
as PRINCIPAL, and AMWEST SURETY 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 I{UNDRED FIFT~f SIX THOUSAND TIiREE
~'_~_~P~D _,,,.z__'~__ ';'O_nR_ _~_~ _-o/~nn ..... Dollars ($ ]56,~qa r~n ) 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 21 day of MARCH ,
19 95, for the construction of BID ~ 1737 -RENOVATION FRED MOORE
CHILD CARE CENTER
which contract is hereby referred to and made a part her6of 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 21ST day of MARCH ,
19 95
SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. AMWEST SURETY INSURANCE COMPANY
Principal Surety
Title T.E. STANEK, C.E.0. Title ATTORNEY-IN-FAC? ~ _
Address: Address:
121 Exposition St. 1231 Greenwa¥ Dr.f #420, LB 16
Dent~n,~TX 76205 Irving~ TX 75038
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is: i
PCL CONTRACT BONDING AGENCY
206 Elm St., Suite 105, Lewisville, TX 75057
NOTE: Date of Bond must not be prior to date of Contract.
AAA0184D
Rev. 07/28/94
PB - 2
., BOND PREMIUM BASED ON
FINAL CONTRAC pRICE,
PAYMENT BOND .o. o:tsoo, sss
STATE OF TEXAS §
COUNTY OF DENTON §
~CON KNOW ALL MEN BY THESE PRESENTS: That SOUTHWEST INDUSTRIAL
STRUC~ORS
CONSTRUCTiC:; INC. of the city of DENTON
County of DENTON , and the State of ~EXAS ,
as principal, and AMWEST SURETY 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
T~E CITY OF DENTON , OWNER, in the p~enal sum of
NINTY FOUR and noYl00---
ONE RUNDRED FIFTY SIX THOUSAND TH~RR RUNDRED Dollars ($ 156,394.00 )
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 21 day of MARCH
19 95
BID # 1737 - RENOVATION FRED MOORE CHILD CARE CENT~:R
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 21ST day of MARCH
19 95
SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. AMWEST SURETY INSURANCE COMPANY
Principal Surety
Title T.E. STANEK, C.E.0. Title ATTORNEY-IN-FAC~ ~
Address: Address:
121 Exposition St. 1231 Greenway Dr.~ #420, LB 16
_Denton, TX 76205 Irving, TX 75038
(s L) (SEAL)
The name and address of the Resident Agent of Surety is:
PCL CON'i'~AC~f BONDING AGENCY
206 Elm St., Suite 105, Lewisville, TX 75057
AAA0184D
Rev. 07/28/94
PB - 4
BOND PREMIUM BASED ON
FINAL CONTRACT PRICE
MAINTENANCE BOND No.
THE STATE OF TEXAS
COUNTY OF DENTON
~ KNOW ALL MEN BY THESE PRESENTS: That SOUTHWEST INDUSTRIAL
CONSTRUCTORS
~..~ ~..v~ ~ ~. INC. as Principal, and AMWEST SURETY INSURANCE COMPANY
a corporation authorized to do business in the State 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 FIFTEEN THOUSAND SIX HUNDRED THIRTY NINE and 40/100 ....
Dollars ($15,639.40 ), ten (10%) percent of the total amount of
the contract for the payment of which sum said principal and surety
do hereby bind themselves, their successors and assigns, jointly
and severally.
This obligation is conditioned, however, that:
WHEREAS, said SOUTHWEST INDUSTRIAL CC~:STRUCTIO~! INC.
has this day entered into a written contract with the said City
of Denton to build and construct BID ~ 1737 - RENOVATION FRED MOORE
CRII,D ~A$~R CENTER
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 SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC.
as Contractor and Principal, has caused these presents to be
executed by
and the said AMWEST SURETY INSURANCECOMPANY
as surety, has caused these presents to be executed by its
Attorney-in-Fact VIVIAN CAMPBELL
and the said Attorney-in-Fact has hereunto set his hand this 21ST
day of MARCH , 19 95 ..
SURETY: PRINCIPAL:
AMWEST SUR~'I'~ INSURANCE COMPANY SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC.
VIVIAN CAMPBELL T. E. STANEK, C. E. 0.
Attorney-in-Fact
AAA0184D
Rev. 07/28/94
MB - 2
NOT VALI~D FOR 'BONDS 04~)
EXECUTED ON OR AFTER
12-15-95
BOND ISSUED IN FOUR COUNTERPARTS
~OW ALL MEN BY THESE PRESENTS, that Amwest SureW Insurance Company, a California
co~oration (the"Company"), does hereby make, constitute and appoint:
VIVIAN CAMPBELL
AS'AN EMPLOYEE OF AMWEST SdRETY INSURANCE COMPANY
its tree and lawMl Attorney-in-Fact, with l~ited power and autho~ for and on behalf of the Company as sure~
to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings,
recognizances or other written obliga~ons in the nature thereof as follows:
Bid Bonds up tO $~1,000.000.00
Contract (Performance & Payment), Court, Subdivision $~I,000,000.0~
L~cense & Permit Bonds up to $0~1.000,000.00
M~scellaneous Bonds up to $o01.000.000.00
Small Bus,ness Administration Guaranteed Bonds up to
and to bind the Company thereby. This appointment is made under and by authority of the By-Laws of the
Company, which ~e now in ~fll force and effect.
CERT~ICA~
I, the undersigned secretao' of Amwest Surety Insurance Company, a California corporation,
DO HEREBY CERTI~ that this Power of Attorney remains in full force and effect and has not been revoked
and ~rthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant
provisions of the By-Laws of the Company, are now in full force and effect.
Bond number 015004555 .Signed and sealed this 21ST day of MARC~ 19 95
~ Karen G. Cohen Secreta~7 ~
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact the Texas Department of Insurance to obtain
information on companies, coverages, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P. O. Box 149104
Austin, TX 78714-9104
FAX #(512) 475-1771
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim
you should contact the agent or the company first. If the dispute is
not resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or
condition of the attached document.
' ~Rooucrm THI~ CERTIFICATE 16 ISSUED AS A MAI'rER OF INFORMATION
ONLY AND OONFBRS NO RIGHTS UPON THE CERTIFICATE
'-e~¢k ~ ~2uCk~c & K;n.~gh~ Z~,, HOLDER. THIS OSRTIFIOATI DOeS NOT AMEND, EXTEND OR
~'. O. ~z 516309 ALTER THE COVERAGE AFFORDED BY THE POUCIE$ ~iBLOW.
Oa,Llaa '*:": 7 t251 COMPANIES AFFORDING COVeRAGe
COMPANY
a .qa~£onal ~:L=e :ns. Co.
Southwest Industrial
Constructors/ inc. c Transcontinental Ins. company
121 EzlX~s:Lt,LOn COMPANY
Denton TX 76201 D
'~RAGE~'. .: . :'. ' . .' ' ':.... ~; . .'. ''-. ': :: ~-: -
THIS ]~ TO CE~I~ THAT THJ ~LICI~ O~ iNS~RANC~ LI~ED BELOW HAVJ BEEN 18JUJD TO THE IN~URJD NAMEB A~OV~ FOR THJ ~UCY ~RIOD
1NDI~TEB, N~ITH~TANDIN~ ANY R~I~MENT, TBRM OR OONDITION O~ ANY 80NTRACT OR O~JR OOCUME~T WIT~ ~ES~ TO WHICH THI8
CERTI~I~T~ MAY ~ ;~UBO OR UAY ~RTAIN, TH~ INSURANCE A~ORBBB ~Y TH~ ~OLI61B~ DE~CRIBBB HEREIN i~ ~U~E~ TO ALL THE T~M$,
DATE (MMIDD~) DA~ (MM~D~ :
3EN~ U~IL;~ ~NE~L AGG~GAT~ e 2 f 000 f 000 --
OWhER'a A CDNT~CTO~'~ PROT EACH OCCU~ENC~ t 11000 ~ 000 _
MED EXP ~nv
AUTOMO~LE LI~L~ COMBINED alNG~ LIM~
ANY AUTO 29530816 07/01/94 07/O1/95
ALL O~ED AUTO6 ~ODILY INgU~
~CHEDUL~ AUTOS (~
HIRED AUTOS gOrILY INJURY
~. NON.OWNED AUTO&
PROPERTY DAMAGE I
{laJtAGB UABIUTY AUTO ONLY · EA ACCIDENT t
ANY AUTO OTNI~R THAN AUTO ONLY: ". :
EACH ACCIDENT $
AGGREGATE
r, xce-aa u~lTY ~AC~ occu~cE $ 2 ~ 000 ~ 000
X UMBRe. L~OnM 29630802 0'7/01/94 0'7/01/95 AGaR,GATE $2~,000~,000
' OTHERTHAN UMBRELLA FOR/v1
WDN(I;,Ra OOMPBi&ATION AND gTATUTORY LIMrr8
;MI)LOY~R~' UAJIIIUTY EACH ACCIOM~IT I 500 ~ 000
· r~E i~O~,a~TO;V ~CL 296309? 8 0'7/01/9% 0'7/01/95 O~S~SE, POUCY uMrr ~ §00; 000
omc;~a An;: EXCL 29630,878 DlaEAI~I; - EACN EM PLOYEI: $ gOOfO00
OTHER
contractors EquLp 296306%'7 0'7/01/9% 07/01/95 Owned ~clu 30,500
Leased Eq 50,000
D~RIFT10N OF ONLI>,ATIONi~LQOATIONaN~.HIOLlililaEPr~IAL IT;Ma
Xe~ 9~.d ~1737 - aenovatLo~ Fr~ ~Ore ~LZd Care Center
C~ty. O~ Denton; ~ts O~a:.~. AgonSs, Employees and vol~toers are
Waiver o~ SuBrogation ~n raver o~ C~ty o: Den=on
C~YOF~ ~HDU~
~PI~TION DATE ~E~OP, THE ~UING COMPLY WI~ MNk
~0~ ~ ~ ~M~ OP ~Y KIND U~N ~E COMPLY, t~ AgEN~ OR R~RM~A~V~.
GENERAL (;;~NDITION$
The General Conditions of the Contract for Construction shall be Standard AIA Form A201, current
edition.
For convenience, the AIA printed form is omitted from this binding. Copies are on file at the Architect's
office and may be seen and/or obtained there.
2-95 GENERAL CONDITIONS - 1 FRED MOORE CHILD CARE
~J_P?L.t~MF..NTARy ~_~ NI~RAL CONDITION¢
Certain articles of the "General Conditions of the Contract for Construction", AIA Document A 201, 1987
edition, as published by the American Institute of Architects, are revised by, added to, or replaced by
the requirements of this section.
A. ARTICLE 1 - CONTRACT DOCUMENTS
1. The Drawings and Specifications referred to in paragraph 1.1.1. and throughout the General
Conditions are further defined as those entitled RENOVATIONS AND REPAIRS TO FRED
MOORE CHILD CARE CENTER, Denton, Texas, and include all the following:
a. Drawings:
Ti[le Sheet ...................................................... Dated: Feb. 1, 1995
Architectural ................................................. Sheets No. A-1 thru A-5
Mechanical, Electrical, Plumbing ..................... Sheets No. MEP-1 thru MEP-2
b. Specifications:
General Requirements ........................................... Division A thru C
Special Requirements and
Technical Specifications ................................ Divisions 1 thru 16
2. In paragraph 1.1.1., last sentence, delete the words "the Contractor's Bid".
B. ARTI(;;LE ,5 - SUB(~ONTRACTORS
1. Add the following sentence to paragraph 5.2.4.: Acceptance of the substitute Subcontractor
after previous acceptance of a Subcontractor for any portion of the work shall not constitute
reason for an increase in contract amount.
C. ARTICLE 9 - PAYMENTS AND COMPLETION
1. Add the following paragraph:
9.2.2 The Architect will provide to the Contractor a list of the portions or sections of work for
which he wishes to have separate values included and those items for which he will require
material quantities to be shown.
2. Add the following paragraphs:
9.3.4 The Contractor shall submit his Application for Payment, amounting to 90% of the cost
of the work performed and 90% of the materials on hand in accordance with paragraph 9.3.2
above, as of the last day of each month.
9.3.5 Payments on account of the above described applications will be due, in accordance with
the provisions of Sub-articles 9.4 through 9.6, on the tenth (10th) day of the month following the
payment period.
3. Change paragraph 9.10.1 to read as follows: Upon receipt of written notice that the work is
ready for final inspection and acceptance and upon receipt of a final Application for Payment,
the Architect will promptly make such inspection and, when he finds the work acceptable under
the Contract Documents and the Contract fully performed, he will promptly issue a final
Certificate of Payment stating that to the best of his knowledge, information and belief, and on
the basis of his observations, the work has been completed in accordance with the terms and
conditions of the Contract Documents and that 95% of the Contract amount is due and payable
to Contractor as noted in said final Certificate. The remaining 5% retainage will be due and
payable to him within thirty (30) days after acceptance of the work by the Owner as
recommended by the Architect.
2-95 SUPPLEMENTARY GENERAL CONDITIONS - 1 FRED MOORE CHILD CARE
· D. ApD THE FOLLOWING NEW ARTICLES
ARTICLES 15 - ACCESS TO THE WORK
15.1 Access to the work.
15.1.1 The Architect, the Owner, and their authorized representatives shall have access at all times
to the work for inspection wherever it is in preparation or progress, and the Contractor shall
provide proper facilities for such access and inspection.
E. ARTICLE 16 - STANDARDS
16.1 Standards
16.1.1 Any material specified by reference to the number, symbol or title of a specific standard, such
as a Commercial Standard, a Federal specification, a trade association standard, or other similar
standard, shall comply with the requirements in the latest revision thereof and any amendment or
supplement thereto in effect on the date of these Specifications, except as limited to type, class or
grade, or modified in such reference.
16.1.2 The standards referred to, except as modified in the specifications shall have full force and
effect as though printed in the specifications. These standards are not furnished to bidders for the
reason that the manufacturers and trade involved are assumed to be familiar with their requirements.
The Architect will furnish, upon request, information as to how copies of the standards referred to
may be obtained.
16.1.3 It is not the intent of these Specifications to limit materials to the product of any particular
manufacturer. Where definite materials, equipment and/or fixtures have been specified by name,
manufacturer or catalog number, it has been done to set a definite standard and a reference for
comparison of quality, application, physical conformity, and other characteristics. It is not the
intention to discriminate against or prevent any dealer, jobber, or manufacturer from furnishing
materials, equipment, and/or fixtures which, in the judgment of the Architect, expressed in writing,
meet or exceed the characteristics of the specified items. Substitution of materials shall not be
made without prior written approval from the Architect. Refer to Section lB - Job Requirements:
Sub-section 8, for conditions governing substitutions.
F. ARTICLE 11 - INSURANCE
(see the following five pages titled: City of Denton Insurance Requirements for Contractors.)
2-95 SUPPLEMENTARY GENERAL CONDITIONS - 2 FRED MOORE CHILD CARE
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 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 A
· 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
AFFOOBA I
REVISED 10/12/94
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.
AFFOOBA 1
REVISED 10112194
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:
Ix] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than __
SZ,OOO,OOO 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 fo'rm (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.
AFFOOBA 1
REVISED 10/12/94
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. For building or construction projects, the
Contractor shall comply with the provisions of Attachment I in accordance
with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas
Worker's Compensation Commission (TWCC).
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Liability insurance policy naming 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
AFF00BAI
REVISED 10/12/94
Insurance Requirements
Page 5
"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.
[ I 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
required for a specific contract, that requirement will be described in the
"Specific Conditions" of the contract specifications.
AFFOOBA 1
REVISED 10/12/94
Insurance Requirements
Page 6
ATTACHMENT I
Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage Ccertificate")-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.
AFF00BAI
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
report lack of coverage.
AFFOOBAI
REVISED 10/12/94
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
AFF00BA 1
REVISED 10112194
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.
AFFOOBA 1
REVISED 10112194
,SPECIAL CONDITIONS
A. Hazardous Materials:
1. Construction Products: There shall be no asbestos containing materials used in the
construction of, or installed in, the building.
2. Certification: Upon completion of the work, the contractor shall provide a letter
certifying the non-use of asbestos containing materials in the construction of the
building.
B. Conditions of the work:
1. Contractor shall not be allowed to let debris accumulate on the ground. All material
removed shall be deposited in a dumpster or other container furnished by the
Contractor.
2. Interior demolition, on site mobilization, product procurement and exterior construction
may begin upon official Notice To Proceed.
2-95 SPECIAL CONDITIONS - I FRED MOORE CHILD CARE
General Decision N~mher TX940059
Superseded General Decision No. TX930059
State: TEXAS
Construction Type:
BUILDING
County(les):
COLLIN DENTON
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes and apartments up to and including 4 stories). Use current
heavy.and highway General Wage Determination for Paving and
Utilities incidental to Building Construction.)
Modification Number Publication Date 0 02/11/1994
1 10/21/1994
TX940059 - 1 10/21/1994
COUNTY(les):
COLLIN DENTON
* IRON0263B 08/01/1994
Rates Fringes
IRON-WORKERS (Structural) 13.61 4.25
'* SUTX1074A 11/01/1989
Rates Fringes
ACOUSTICAL INSTALLERS 12.27
CARPENTERS (Excluding Acoustical
Installers & Drywall Hangers) 12.36 1.38
DRYWALL HANGERS 12.17
FLRCTRICIANS 13.10 1.97
LABORERS, UNSKILLED (Excluding .
Landscape Laborers) 7.04 .86
PAINTERS:
Brush & Spray 10.15
Painters doing drywall finishing'
only 10.08
PAPERHANGERS 12.50 2.20
PLUMBERS & PIPEFITTERS (Including
HVAC Work) 12.47 1.87
POWER EQUIPMENT OPERATORS;
Cranes 15.00 2.85
ROOFERS 10.17 1.10
SHEET METAL WORKERS (Including
HVAC Duct Work) 10.94 1.45
SPRINKleR FITTERS 12.00 2.30
WELDERS - Receive rate prescribed for craft performing one~-?tion
to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be. added after
award only as provided in the labor standards contract clauses
(29 CFR 5.5(a) (1) (v))-
In the listing above, the "SU" designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
END OF GENERAL DECISION
TX940059 - 2 10/21/1994
'Federal ! 3bor Standards Provisions us ~ o~ ~
The Prot~:l Ot P~og~arn lO which ~ co~slrucl]o~ wor~ covered by ~lS HUD ~ i~ ~n~ ~1 f~ ~ q~S, l~l~l~ ~ v~ ~
(3) ~ ~ w~ ~. ~ncludmg any ~ h~ ~n~ ~- C~ ~o ~ ~e ~ to whom ~ey ~e ~ue The
~) ~ ~e con~act~ and ~ la~F~ and ~han~ to ~ ~oy~ ~. ~ P~ ~ ~ ~ Payf~ls and ~c r~ds ~elabng
~ ~ c~ Ot known). O~ ~r r~Ov~, a~ HU~ of ~ ~o ~all ~ ma~n~n~ by ~ c~actof dunng ~e cour~ o~ ~e w~
na~ ~ ~n~ ~eh~ w~e a~o~), a r~ of ~ ~on m~han,cs wo~ng at ~ s~te of ~ wo~ (o~ un~ ~e UmI~ S~t~
[Approved by the Office ol Management and Budget under OMB Control shall be p~ld not t,e~5 Wan the apphcable wage rate on ~e wage delerm,
r~u~r~ ~o ~ ma,n~n~ un~ ~ CFR Pan 5 ~a~SN,) Th,s ~nlormabon ~lh~ ~n ~e applm~e wage determlnabon Ap~enbc~ shall ~
lot ~ms pur~ and ~y ~ ~rc~ from ~ ~mt~t Ot ~u- pr~ram If ~e a~B~hmp ~ram d~ not s~l~ ~ln~
men~ (F~ai St~k Num~ ~-~-~14-1). U S. ~t Pnn~ng ap~bc~ must ~ ~ ~ lull am~nt ol ~e ~n~.~ Imst~ on the
~lce. W~mgton. ~. ~2 T~ ~me c~a~ is r~ble t~ ~ wa~ det~nab~ for ~ apph~e cl~h~b~ ~ ~e Admmmstrato~
subm*~on of cop~ of ~yr~ls by all ~actors. (~pro~ by ~ ~n~ ~t a difl~t ~ac~ce pr~ails Io~ ~e apph~e apprentice
Office ot Manage~t and ~d~ u~ OMB ~ol Num~ c~h~bon, tnn~ ~all ~ ~*d ~n acc~nce w~ ~at det~m~nat,on
~ ~t ~e ~r~u ot ~c~p and Tra~nmng. or a S~te Appren-
1215-0149.) tlc~p Agency r~mz~ by ~e ~reau. w~d~ws ap~al of an
(b) Each ~yroli 5ubm~ shall ~ accom~m~ by a "S~t~ent ol
who ~ys or su~ ~ ~t ot ~e ~n5 ~pioy~ und~ ~ appr~bc~ at ~ ~n ~e apph~ble pr~eterm~n~ rate tot ~e work
~dor~ unbl an acc~ble or.ram ~s approv~
con~act and ~11 c~ ~e I~lowlng. ~ T~. ~c~t as prowd~ m ~ CFR 5.16. train.s will no~
(1) T~t ~ ~yr~l f~ ~e ~yr~l ~ con~ns ~e tnlormabon
r~u~r~ tO ~ ma,n~n~ un~ ~ CFR Pa~ 5.5 (a~3~i) and ~t ~ch ~ to wo~ at i~ ~an ~e pr~el~m~n~ rate for ~e wo~
Iorm~ unt~ ~ are ~ploy~ pu~uant to and *ndlwdually r~ster~ m
(2) That ~ch la~ or ~nlc (incl~l~ ~ch ~. a pr~ram which has r~e~v~ prior approval, ewd~c~ by Iormal ce~h-
apprenbce, and ~a*n~) ~ploy~ on ~e c~act dun~ ~ ~yrolt ~rl~ ~on by ~e US. ~ent of ~r. Employm~t and ]ra~n~ng Adm*m-
h~ ~ ~ld ~e full w~ly w~ ~. w~ut r~te. ~r d~r~y S~aaon. T~ rabo of ~a}~ to j~rn~ on ~e lob 5~te shall not ~
or ~nd~r~y. and ~al no ~u~ns ~ ~ ~ ~ dlr~ ~ indi- 9r~t~ ~an ~la~ un~r ~ ~an appro~ by ~e Employm~t and
~ ,n ~ ap~ov~ pr~ram lo~ ~e ~ain~'s I~1 ot
fo~ ~n ~ CFR Pa~ 3. expr~ as a ~c~ of ~ ioum~man houdy rate s~*t~ ~n
(3) That ~ch la~r~ or ~mc has ~ ~d not ~ ~n ~
apph~ble w~ rat~ and k~n~ ~eh~ ~ ~ ~u~ lot ~ cl~- apph~e wa~ ~bon Traln~ s~ll ~ ~d tnnge ~neh~
s~bon Of w~ ~. ~ ~ m ~ ~t~ w~ ~na- accor~nce w~ ~ ~s of ~e ~a~n~ pr~ram tf ~e tra,n~ pro-
~nto ~ C~L gram ~ flol m~bon ~n~ ~efl~. ~aln~ s~ll ~ ~d ~ tull
~on ~n~a~ subm~ of a ~o~y ex~ut~ c~fl~bon ~t amount of k~n~ ~ hst~ on ~e wage ~term~nabon unl~ the
(c) ~ w~ly
r~u~r~ent for su~ Ot ~ "S~t~t of ~phance" r~u*r~ by appr~bc~P pr~m a~tat~ w~ ~ corres~nd~ng tourneyman
~ragraph ~3 (fi~b) of ~s ~on. wage ~te on ~e wage ~nab~ which pr~d~ for I~ than
(~ T~ fal~h~bon ol any of ~ a~ ~h~b~5 ~Y ~t ~ ~n~ ~ for a~bc~ Any ~ hst~ on ~e ~yroll at a
1~1 of T~ t8 and ~b~ 231 of T~ 31 of ~ Umt~ S~t~ ~ ~prov~ by ~e Emptoym~t and Training Adm~n~straaon shall ~ pa*d no~
~on of any ~ ~t a~an~. ~ g~ ot ~nds Fu~- ap~ov~
more. failure to ~t ~ r~u~r~ r~ds u~ ~u~t or to make ~ch (~) E~ ~ ~ The uhi~zab~ Of appr~bC~.
CFR Pa~ 5.12
~. ~ ~ ~ T~. ~ ~bc~ will ~ ~* a~. and ~ CFR Pa~ ~
m~ ~ w~ at I~ ~an ~ ~'~ rate f~ ~ wo~ ~ ~- 5. ~ ~ ~ A~ ~. The contractor Shall
Iorm~ w~ ~ are emplo~ ~nt ~ and ~,~ually r~s~ ~n a comply w~ ~e r~u~r~ of ~ CFR Pa~ 3 which are ~nc~
~ hale a~renbc~P pr~ram r~ wl~ ~e U S ~t OI refer~ce ~n ~5 conWact
~r EmCon, and Tra,n,ng Adm,nmS~a~, ~r~u o' Apprenbce~,p ~ r~~h:;;;~tO,n ~su~ontractor w,ll ,n~ tn any sub
C 5 ~a%l) ~rough (10) and suc~
V[,S - 2 HUO40~O(2'~
29 (~;FR S S may be grounds fOr lerm~nahon ol lhe conh'acL and lot debar- pay lot all hours worke~J
9. ~t~ c~ ~ s~ards. O~sputes arising out of the la~[ ~act~ shall ~ hable to Ihe Untt~ S~tes (in the ~se ol work done under
d~gn~. ~e U S ~nt ol ~r. or ~e ~ploy~ or ~r which such indwidual was r~u~r~ ~ ~rmlff~ to wor~
10. ~) ~a~ M ~. ~ entenng mid ~s con~act ~e con- ~t of ~e ov~me wag~ r~u~r~ by ~e clau~ ~t Io~ ~ subpara-
tractor ce~h~ ~at ne~r ~1 (nor he or she) nor any ~r~n or firm who g~ph (1) of ~iS ~rag~ph.
has an ~nler~l ~n ~e con.actor's hrm ~s a ~r~n or hrm ~nehg~ble to ~ (3) W~ ~ un~ ~ a~ ~u~ da~. HUd or ~ts
award~ ~v~nment con~ac~ by w~ue of ~hOn ~a) ol ~ ~vis- ~lgn~ ~11 u~ i~ own a~ or u~n w~ r~u~t of an auto-
.con Acl ~ ~ CFR 5.12Ja~1) ~ to ~ awar~ HUD con~ac~ ~ ~cl- dz~ ~fi~ of
~te ~n HUD pr~rams pursuant to 24 CFR Pa~ 24. wi~d, ff~ any mon~ ~yable ~ account of w~ ~dorm~ by the
~ NO ~ of ~S c~acl ~11 ~ su~act~ ~ any ~ ~ ~ ~ ~ ~on~r u~ any ~ch c~act ~ any o~er F~eral
~nehg,~e t~ award of a ~n~nl con~acl ~ ~ff~ of ~bon ~a) of ~a~ w~ ~ ~ ~ ~a~ ~ any o~ F~lly-a~st~ con-
~ Daws-~con Act ~ ~ CFR 5 12(a~1) ~ to ~ aw~ HUD con~ac~ ~act ~ ~ ~ ~l Wo~ H~m a~ ~f~ S~n~rds ACL which
or pa~,c~te m HUD pr~rams pursuant to 24 CFR Pa~ 24. is ~d by ~e ~me pd~ con.actor such sums as may ~ det~m~n~ to
~] T~ ~a~ f~ making lal~ s~l~ ~s pr~ri~ in ~ U.S. ~ ~ to ~fis~ any I~bil~ of ~ch c~ or ~traclor
Criminal C~e. 18 U.S C I~1. Additionally. U.S. Cnm~l ~e. ~on f~ un~id wa~ and liqui~
1010. T~e 18. US C. "F~al Housing Adm~ms~aaon ~an~c~ons". pro- lo~ ,n SU~r~raph (~ of ~is ~graph.
action of such Adm~ms~abon... make. u~ers or pu~ish~ any s~t~enL ~n~ ~ clau~ ~ fo~ in sub~ragraph (1) ~r~gh (4) of ~s
11. ~, ~, ~ T~y by ~. No la~r~ or r~n~ l~ c~pli~ ~ any su~on~actor or Iow~ ~er su~on~ac-
m~hamc to whom ~e wage, ~la~. Or Ol~ lair ~ndards prowstons ol ~ w~ ~e clau~ ~ fo~ ~n sub~r~raphs (1) ~rough (4) of ~s
~s Con~act are apph~ble ~all ~ d~ha~g~ or ~n any o~er manner ~graph.
d~r~m~nat~ against by ~e Contractor or any su~ontractor ~u~ such C. ~ ~ ~
employ~ has hl~ any c~pla~nt Or ~nsbtut~ Or ~u~ tO ~ Jnsbtuled (1) NO la~r~ ~ ~n~c ~11 ~ r~uir~ to wo~ ~n surroundings
h~s ~ploy~ ~ s~n~r~ pr~u~ by ~ ~ of ~r by r~ulahon
B ~ W~ ~m a~ ~ S~ A~ ~ u~ in ~ls ~ra- (2) T~ ~n~a~r ~11 comfy w~ all r~ulabons ~u~ by ~e
graph, the learns "la.rets" and "m~hamcs" ~nclude watchm~ and ~re~ of ~r pumuant to Ti~ ~ Pa~ 1926 (formerly ~ 1518) and
guards. ~ilure to C~ may r~u~ in ~m~ib~ of ~n~ons ~rsuanl to ~e Con-
(1) ~ ~u~. No COn.actor or Su~on~actor contrac~ng ~act Wo~ Houm and ~l~ S~ndards Act (Pu~ic ~w 91-~. 83 S~L
Il III ~n exc~ of fo~ ~e ~re~ of Housing a~ g~n ~opmenl or ~e ~re~ of ~r
~'L$ - ~ HUD-4010
U.S. DEPARTMENT OF HOUSING AD URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
TO (Appropriate Rtcipient): DATE
c/o PROJECT NUMBER (if any)
PROJECT NAME
1. The undersigned, having executed a contract with
lor the congtruction of the above-identified project, acknowledges that:
(a) The Labor Standards provisions are included in the aforesaid contract:
(b) Correction of any infractions of the aforesaid conditions, including infractions by any of his/her subcontractors and any
lower tier contractors is his/her responsibility:
2. He/She certifies that:
(a) Neither he/she nor any firm, partnership or association in which he/she has substantial interest is designated as an
ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6 (b) of the Regulations of the
Secretary of Labor, Pan $ (29 CFR, Part 5) or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 U.$.C.
276a-2(a)).
(b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such sub-contractor or
any firm, corporation, padnership or association in which such subcontractor has a substantial interest is designat ed as
an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions.
3. He/She agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract,
- including those executed by his subcontractors and any lower tier subcontracts, a Subcontractor's Certification Concerning
Labor Standards and Prevailing Wage Requirement s executed by the subcont factors.
4. He/She certifies that:
(a) The legal name and the business address of the undersigned are:
FED ID OR SS #
RACE
(b) The undersigned is: (Cl~ck 0~)
[] (1) A SINGLE PROPRIETORSHIP r-I (3) A CORPORATION ORGANIZED IN THE STATE OF
[] (2) A PARTNERSHIP [] (4) OTHER ORGANIZATIONS (Describe)
(c) The name, title and address of the owner, partners or officers of the undersigned are:
NAME TITLE ADDRESS
C - !
Ust the names and addresses of all other persons having a substantial interest in the undersigned and the nature of the
interest:
NAME ADDRESS NATURE OF INTEREST
(e) List the names, address and trade classifications of all other building construction contractors in which the undersigned
has a substantial interest:
NAME ADDRESS TRADE CLASSIFICATION
(Contractor)
Date
C- 2
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SUBCONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
TO (A££ro£riatt Rtcip~nt): DATE
c/o PROJECT NUMBER Of any)
PROJECT NAME
1. The undersigned, having executed a contract with
(Contractor or
for
in the amount of $
in the construction of the above-identified project, certifies that:
(a) The Labor Standards Provisions of The Contract For Construction are included in the aforesaid contract:
(b) Neither he/she nor any firm, corporation, partnership or association in which he/she has a substantial interest is
designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the
Regulations of the Secretary of Labor, Part 5 (29 CFR, Pan 5), or pursuant to Section 3(a) of the Davis-Bacon Act, as
amended (10 U.$.C. 276a-2(a)).
(c) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontract or any
firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an
ineligible contractor pursuant to the aforesaid regulatory of statutory provisions.
2. He/She agrees to obtain and forward to the contractor, for transmittal to the recipient, within ten days after the execution of
any lower subcontract, a Subcontractor's Certification Concerning Labor Standards and prevailing Wage Requirements,
executed by the lower tier subcontractor, in duplicate.
(a) The workmen will report for duty on or about
fDa~e)
3. He/She certifies that:
(a) The legal name and the business address of the undersigned are:
FED ID OR SS #
RACE
(b) The undersigned is: (Check One)
[] (1) A SINGLE PROPRIETORSHIP l-I (3) A CORPORATION ORGANIZED IN THE STATE OF
[] (2) A PARTNERSHIP [] (4) OTHER ORGANIZATIONS (Describe)
(c) The name, title and address of the owner, partners or officers of the undersigned are:
NAME TITLE ADDRESS
C-3
(cl) L~ the names and a(~:lresses o! all other persons hawng a substantial mterest ~n the undersigned and the nature of the
imerest:
NAME ADDRESS NATURE OF INTEREST
(e) List the names, address and trade classifications of all other building construction contractors in which the undersigned
has a substantial interest:
NAME ADDRESS TRADE CLASSIFICATION
¢ Cor~tr ~ lor)
DATE
{2-4
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATION OF CONTRACTOR/SUBCONTRACTOR REGARDING EQUAL
EMPLOYMENT OPPORTUNITY
This certification is required pursuant to Executive Order 11246 (30 F. R. 1231-25). The implementing rules and
regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an
initial part of the bid or negotiutions of the comxact whether it has participated in any previous contract or subcontract
subject to the equal opportunity employment clause: and, d so, whether it has filed all compliance reports due under
applicable instructions.
Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions,
such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No
contract ~11 be awarded unless such report is submitted.
CERTIFICATION BY BIDDER
NAME AND ADDRESS OF BIDDER (include ZIP code)
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. [] Yes [] No
2. Compliance reports were required to be fried in connection with such contraa or subcontract. [] yes E] No
3. Bidder has fried all compliance reports due under applicable instructions, including SF-100. [] Yes [] No
4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as
amended?
[] Yes [] No
NAME AND TITLE OF SIGNER (Please type).
SIGNATURE DATE
l~,epl~ces lorm HUD 4238.C70.-1. w'mch ~ obsolete HUD 950.1 (11-78)
C-5
A COPY OF THIS FORM MUST BE SIGNED BY EACH PROPOSED CONTRACTOR
AND SUBCONTRACTOR.
CERTIFICATION OF PROPOSED CONTRACTOR/SUBCONTRACTOR
REGARDING SECTION 3 AND SEGREGATED FACILITIES
FRED MOORE CHILD CARE RENOVATION
Name of Prime Contractor B-94-MC-48-0036
or Subcontractor Project Name and Number
The undersigned hereby certifies that:
A) Section 3 provisions are included in the Contract
B) A written Section 3 plan was prepared and submitted as
part of the bidding process (if bid equals or exceeds
$10,000) NOTE: ~ SECTION 3 PLAN MUST BE SUBMITTED TO
TgIE COMMUNITY DEVELOPMENT OFFICE, 105 1/2 W. OAK ST.
PRIOR TO CONTRACTOR ACCEPTANCE. A BREAKDOWN OF
SUBCONTRACTORS AND EXISTING WORK FORCE MUST BE INCLUDED
(SEE PRECEDING FORMS).
C) No segregated facilities will be maintained.
NAME AND TITLE OF SIGNER (PRINT OR TYPE)
SIGNATURE DATE
C-6
PROPOSED SUBCONTRACTS BREAKDOWN
TABLE A
For the period covering ., 1994 through , 1994.
(Duration of federally assisted project)
Type of Contxact Total Number of Total Approximate Est. # of Contracts Estimated Dollar
Business or Prof. Contxacts Dollar Amount to Project Area Amount to Project
Businesses* Area Businesses*
*The Project Area is coextensive with the City of Denton's boundaries.
Project Name Project Number
EEO Officer (signature) Date
C- 7
ESTIMATED PROJECT WORKFORCE BREAKDOWN
JOI3 CATEGORY TOTAL ESTIMATED # POSITIONS OCCUPIED it POSITIONS NOT # POSIT~ONS TO BE
POSF~ONS BY PERMAsN~NT CURRENTLY F'n ! I~D ~rlTH
~YEES OCCUPIED LJ.P~.R."
O~-Tl CERS/SUP ERVISOR
TECHNICIANS
HOUSING
SALE.S/REbrFAL MGMT
OFFICE c'~ ~.ICAL
SERVICES WORKERS
OTHERS
FRADE:
JOURNEYMEN
APPREI, rrlCES
MAX. #OF~
OTHERS
FRADE:
10b'R~.YM EN
APPRI:~N~I1 CE S
OTHERS
FRADE:
IOURNEYMEN
MAX. # OF TRAINEF~
OTHERS
*Lower Income Project Area residents. Individuals residing within the City of Denton whose
family income does not exceed 80% of the median income in the metropolitan statistical area.
COMPANY
¢- 8
BID FOR LUMP SUM CONTRACT
MARCH 2, I995
Date:
SOUTHWEST INDUSTRIAL CONSTRUCTORS INC.
Proposalof
121 EXPOSITION STREET, DENTON, TEXAS 76205
(hereinafter called "Bidder"), *a corporation, organized and existing under the laws of the State of
Texas, *a partnership or *an individual doing business as:
TO: CITY OF DENTON
PURCHASING DEPARTMENT
A'I-rN: TOM SHAW
901-B TEXAS ST.
DENTON, TEXAS 76201
Gentlemen:
The undersigned, in compliance with your invitation for bids for the RENOVATIONS AND REPAIRS
TO FRED MOORE CHILD CARE CENTER, 821 CROSS TIMBERS, DENTON, TEXAS, having
examined the drawings and specifications with related documents arid the site of the proposed work,
and being familiar with all of the conditions surrounding the construction of the proposed work, hereby
proposes to. furnish ali labor, material, equipments, and supplies and to construct the project in
accordance with the Contract Documents, and at the price set'forth below. These prices are to cover
all expenses incurred in performing the work required under the Contract Documents of which this
proposal is a part.
ADDENDA
The Bidder further agrees, and acknowledges, the following Addenda have been received and that the
entire contents thereof have been incorporated into this Proposal:
No. 1 , dated 2 - 2 4 - 9 5 No. 2 , dated 2 - 2 7 - 9 5
No. , dated No. , dated
BIDITEM NO. 1 PHASE ONE:
Bidderag~'ees ~ perform allof ~eworkdescribedinthespecificationsandshownonthedrawings~r
the sum o~ ONE HUNDRED FIFTY SIX THOUSAND THREE HUNDRED
NINETY FOUR AND NO/100 {$ 156,394.00 _)...
** Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in
words will govern.
2-95 PROPOSAL FORM - I FRED MOORE CHILD CARE
TIME FOR COMPLETION OR LI(~IJIDATI~D DAMAGES
The undersigned agrees to complete all of the work required in PHASE ONE. ready for the owner's
acceptance, no later than August 21, 1995, fully reatizmg that the Contract will carry liquidated
damage provisions.
STATE SALES TAX
It is understood that this project is exempt from the State Sales Tax and the proposal amounts quoted
herein do r~gt include State of Texas Sales Tax.
The undersigned Bidder further agrees to the following conditions:
I. An incomplete Proposal or one having additional information or other modifications inscribed
thereon, may be cause for rejection of the entire Proposal.
2. That, if accepted by the Owner, this Proposal becomes a part of the Contract Documents upon
the signing of the Contract Agreement, and failing to comply with any part of this Proposal will
be taken as failure for the Bidder to comply with the Contract Documents and will be just cause
for rejection of the work.
3. That the Owner reserves the right to reject any or all bids and waive informalities and
irregularities or to accept any bid considered advantageous to him.
4. That he, the Bidder, will not withdraw this Proposal for a period of thirty (30) days from the date.
hereof.
5. This project to which the construction work covered by this contract pertains is being assisted
by the United States of America and the Federal Labor Standards Provisions which are included
in this Contract pursuant to the provisions applicable to such Federal assistance.
Respectfully submitted,
SOUTHWEST INDUSTRIAL
CONSTRUCTORS INC.
Bidder
121 EXPOSITION STREET
DENTON, TEXAS 76205
Address
Authorized Offl~er
I'.E. STANEK, C.E.O.
Title
MARCH 2, 1995
Date
2-95 PROPOSAL FORM - 2 FRED MOORE CHILD CARE