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1993-003ORDINANCE NO. 5 - AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- petitive 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 receiv- ed and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or im- provements 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 con- struction 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 be- ing the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1433 DICKERSON CONSTRUCTION $36,750.00 1440 FOOD SMITH $18,841.00 1447 CLIFFORD E. FOGUS CO_ $424,600.00 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, 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 Propos- als, and documents relating thereto specifying the terms, condi- tions, plans and specifications, standards, quantities and speci- fied 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 here- by 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 im- mediately upon its passage and approva . PASSED AND APPROVED this the day of ,1993. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPR ED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: c CASTLEBERRY, DATE: JANUARYS, 1993 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1433 - BORE ACROSS I-35 AT EXPOSITION MILLS RECOMMENDATION: We recommend this bid be awarded to the only bidder, Dickerson Construction in the total of $36,750.00. SUMMARY: This bid is for all labor and materials to bore under I-35 near Exposition Mills Mall. This bore which will be'used as a utility crossing, is approximately 300 feet in length and the contractor will install two 5" schedule 40 PVC conduit, one 12" waterline and one 24" internal diameter steel casing. One bid was received in response to six bid packages mailed. BACKGROUND: Tabulation Sheet, Memorandum from Festus Okolie, PUB Meeting Minutes December 14, 1992. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Utilities Department and the Citizens of City of Denton. FISCAL IMPACT: Funds for this project are available from Budgeted Account #610- 080-0252-9220 the balance is $1,002,080.96. esppeecctfully submitted: Lloyd V. Harre City Manager Prepared by: Name: Denise Harpdol Title: Senior Buyer Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent agenda.322 BID # 1433 BID NAME BORE ACROSS 135 @STA. 634 &30 DICKERSON CONST. OPEN DATE NOVEMBER 17, 1992 # JQUANTITYJ DESCRIPTION VENDOR 1. BORE ACROSS 135 @ STATION 634 & 30 IN PROXIMITY OF EXPOSITION MILLS MALL 300 L.F. JALT.1 @122.50LFI I I JALT.2 @110.00LF1 VENDOR VENDOR CITY Of DENTON MUNICIPAL UTILITIES/901-A Texas Street/Denton, Tx 76201 MEMORANDUM TO: Denise Harpool, Senior Buyer FROM: Festus Okolie, Engineering Associate DATE: November 23, 1992 SUBJECT: BORE ACROSS I-35 AT STA. 634+30 - BID #1433 The Electric Utility Staff recommends the award of the contract for the bore across I-35 at Station 634+30 to Dickerson Construction for alternative I at $122.50 per linear foot. The total footage for the bore is 300 feet, for the total cost of $36,750.00. 11232002 FO:tn CC: Jim Harder, Director of Electric Utilities Joe Cherri, Electric Engineering Administrator Ralph Klinke, Superintendent of Electric Distribution DEC-21-192 MON 09:05 ID: ITY OF DENTON UA TEL NO:817-566-8120 #344 PO1 EXCERPT PUBLIC UTILITIES BOARD MINUTES DECEMBER 14, 1992 12. CONSENT AGENDA: b) CONSIDER BID # 1433 FOR BORE ACROSS I-35 NEAR EXPOSITION MILLS. Motion by Laney to approve the Consent Agenda in toto, second by Giese. All ayes, no nays, motion carried. DEC 21 '92 09:03 ITY OF DENTON UA PAGE.001 DATE: JANUARY 5, 1993 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1440 - FIRE STATION #4 DRIVEWAY RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Floyd Smith in the amount of $18,841.00. SUMMARY: This bid is for the construction of driveway improvements and a turn around at Fire Station #4. The major components of the project are the removal of 332 square yards of concrete and the installation of 650 square yards of 6" lime subgrade and 650 square yards of 6" reinforced concrete driveway. BACKGROUND: Tabulation Sheet. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Fire Department, Engineering and Citizens of Denton. FISCAL IMPACT: Funds for this project will come from Certificate of Obligation funds approved by Council for building renovation. The original budget was $27,000.00, engineers estimate was approximately $20,000.00. Account #445-020-PRKG-9220-9127 current balance $22,700.00. espectfully submitted: 4. ~j 414 4 ~ ~ / Lloyd V. Harr City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent agenda.321 z z w O w H W H h U D ~a N w z z z O O H W E a U a~ a U H H fA ra z O U U z H zz H a O A z D I- a O z 9 a O Q z z z a x a Ch H O H A z z o a w N S N H Z 0) azm Axe O O ~k N ozw H E Z E A U WW ~ A a H W z a a a~a a~o W A z w a 0 z O H H a H a U W Q kD as O~ ep V] W o N V} O O LO O W ~ r N N O O co I O W M N N 401. O O co FA FA co N H Q H P° z w a H H E N H N d DATE: JANUARY 5, 1993 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1447 - NORTH LAKES PARK PHASE II RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Clifford E. Fogus Co. in the base bid amount of $368,400.00 plus alternate #1 for 6" Flex base on parking lots at $56,200 and alternate 42 for 5" concrete roadway in lieu of asphalt at zero ($0). Total bid award $424,600.00. SUMMARY: This bid is for the construction of North Lakes Park Phase II including softball fields, soccerfields, backstops, playground equipment, picnic units park benches, water/sewer lines and hike/bike trails. BACKGROUND: Tabulation Sheet and Memorandum from Bob Tickner, Superintendent of Parks. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Parks and Recreation Departments and Citizens of Denton. FISCAL IMPACT: This is a 50/50 jointly funded project between the City of Denton and Texas Parks and Wildlife Department. The budget estimate for this phase was $5655000.00. City of Denton funds will come from Park Bonds #465-038-0063-9009 and Texas Parks and Wildlife Project #20-00401. Res/p~ectfu ly submitt ~U Lloyd V. Harr 11 City Manager _ Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 320.AGENDA - Inr n. 52 CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E McKINNEY / DENTON, TEXAS 76201 M E M O R A N D U M TO: Tom Shaw, Purchasing Agent FROM: Robert K. Tickner, Superintendent of Parks DATE: December 18, 1992 SUBJECT: Recommendation on Bid #1447 North Lakes Park Phase II Texas Parks and Wildlife Department Project #20-00401 We have reviewed the bids received for Bid #1447 North Lakes Park Phase II Texas Parks and Wildlife Department project #20-00401. We wish to recommend the low bidder of Clifford E. Fogus Company, 2333 Hinton, Irving, Texas 75061 in the amount of $368,400.00. We also recommend to add alternate #1 in the amount of $56,200 for the installation of 6" flex base in the two parking lots as well as accept alternate #2 to construct roadway with 5" concrete in lieu of asphalt at zero (0) dollars increase. These alternates will make the project a total of $424,600. This part of the project includes all dirt excavation and grading, for the construction of four softball fields, nine soccer fields, ballfield backstops and fencing, playground equipment and installation, five picnic units, five park benches, one mile of 8 foot concrete hike/bike trail and water sewer lines. The budget estimate for this phase of the 1.45 million project was $565,000. The next phases of the project will be bid in the next few months. These phases includes lighting four ballfields, and four soccer fields, restroom/concession building, large group picnic pavilion, fishing pier, concrete flat work around restroom/concession building, irrigation system and hydro-mulching for turf grass. 8171566-8200 D/FW METRO 434-2529 December 18, 1992 Page - 2 There were eleven bidders for the first construction phase. I have attached the bid tabulation sheets. Please advise if I can provide any additional information. obert K. Tickner Copy to Rich Dlugas, Director of Parks & Recreation ATTACHMENT AJJ00610 z O H H POC U ?C W R to O 0 W Ch H W U z 0 H E z z ha E O z 0 U z y z to W H H • H H H U D H z • ~ H U r sr ft ❑ H IL H H W W a a a x a 0 z :r ❑ H W N O~ rn ~i a awD U w ❑ W H FC ❑ z W a 0 0 ❑ z a 0 z 9 a 0 z a O z a O z - 0 - o O o 0 0 0 o O O o m LO 0 0 Ln O O, in Ch OD OD N co O to co w m W W in M r >i >i ON o .4 •-r w (n e 1 w w w - - O - - O - O - - O - - - - - - - - - - O O O O O O O O In d' N LO In r I m w r W O W 0 to w r-1 to w w - O - - O - - O - - - O - - - - - - O - - - 0 0 O O O 0 ,n 0 to 0 O N O N N O '1 O tO ul ON W W co o Ln 0 M w M t0 N N H to w w w w - - - 00 - - O - - - - - - - - - o - - - O Lnn 4 ,n r U~ i m In O d N m to N in ti ~O to ID co co >4 CV >4 N OD m N •"1 ko w w 411- 40). _ - - O - - O - - - O - - - - - - O - - - O O O O ON O O O > ON O o to O en ri) cli El) M W w W ON o N ON w r4 'i w w N H H W W W 4 ~ o+ i x 0 ~ z z to ❑ ~ 0 + w a i H z x >H aa a 4 1 W H 7 3 1 i W W •-1 i 3 rA W E-4 WO H t n E W W ❑ a ,x H a ~ a v m ~d a ~ n z z Al W w a o U w w m ~ a r°~ a ~ ~ I a a a , i , f i >t 9 1,4 c4 4 u~ z O H 00 5 H W z O U a O q z W O W W q H W to f~ W Z 04 o z z~a C7 U z O H H U ~ a q F z O U O a z 0 0 z - O O O O O O O O O 0 0 6 0 0 6 to O co O N m m "a ~ w 0 m M ' H co rf d N Ln ~A 4a w +01- - O - - O - - - O - - O - - - - - - O - - - - O O O O Ln O %D O O O O O 1{ n r- ~ O W %D W a% OD N O I.S. 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H -W VIP vs 0 0 r W co W 91 LO N K E E W W W ~ o+ W W z 0 x W H [ - z z W a ~ 7 H a a ° a 4 H a o U >4 W W H f W S Q w 3 E a 3 w v i w W W A W E ` -1 rE cxi m z a ~a a z ~a A E W E E-1 o 0 H S U - - - - - - - - - - - - - N H H E 5 a_ I N M V' N ~O l~ CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON G THIS AGREEMENT, made and entered into this 5 day of JANUARY A.D., 19 93 , by and between CITY OF DENTON of the County of DENPON and State of Texas, acting through LLOYD v. BARBELL thereunto duly authorized so to do, hereinafter termed "OWNER," and FLOYD SMITH, P.O. BOX 1781, DENTON, TEXAS 76202 of the City of DENTON , County of DENTON and State of TEXAS hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1440 - FIRE STATION #4 DRIVEWAY PLANS in the amount of $ 18,841.00 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 CA - 1 all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ENGINEERING STAFF 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. (SEAL) ATTEST: Flom SMITH CONTRACTOR By ~/Gf~ Lyl~ Title (SEAL) APPROED AS TO FORM: /.2 3"- 4~~ y Attorney CA - 3 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That FLOYD SMITH of the City of DENTON County of DENTON , and State of TEXAS as PRINCIPAL, and Universal Surety of America as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON as OWNER, in the penal sum of EIGHTEEN THOUSAND EIGHT HUNDRED FORTY ONE AND no/100--------------------- Dollars 18,841.00 ) 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 5 day of JANUARY , 19 93 , for the construction of BID # 1440 - FIRE STATION #4 DRIVEWAY PLANS in the amount of $18,841.00. 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 Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB - 1 bond, 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 anyway 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. PROVIDED FURTHER, that if any legal action be filled upon this venue shall lie in DENTON County. State of IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21 day of Sanuary , 19 QA . Floyd Smith Principal By Title Address: P.O. Box 1781 Denton, Texas 76202 (SEAL) Address: 950 Echo Lane. Suite 50 Houston, Texas 77024 (SEAL) The name and address of the Resident Agent of Surety is: Ramey King & Minnis 101 S. Locust Suite 707, Denton. Tx. 76201 NOTE: Date of Bond must not be prior to date of Contract. PB - 2 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That FLOYD SMITH of the City of DENTON County of DENTON , 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 THE CITY OF DENTON OWNER, in the penal sum of no/100-- EIGHTEEN THOUSAND EIGHT HUNDRED FORTY ONE AND Dollars ($18,841.00 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 5 day of JANUARY 199_ . BID # 1440 - FIRE STATION #4 DRIVEWAY PLANS 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 Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article:/to'the same extent as if it 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 21 day of January 19 93 . Floyd Smith Principal By MIA/. Title 1~7~t Universal Surety of America Surety /f Tit e. A orne In act Address: P.O. Box 1781 Denton, Texas 76202 (SEAL) Address: 950 Echo Lane Suite 250 Houston, Texas 77024 (SEAL) The name and address of the Resident Agent of Surety is: Ramey King & Minnis 101 S. Locust Suite 707, Denton, Tx. 76201 PB - 4 MAINTENANCE BOND THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That FLOYD SMITH 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 ONE THOUSAND EIGHT HONDRED EIGHTY FOdR AND 10/100 Dollars 1.884.10 ten (10%) percent of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said FLOYD SMITH has this day entered into a written contract with the said City of Denton to build and construct rxrn a 1440 - FIRE STATION #4 DRIVEWAY PLANS 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 Floyd Smith as Contractor and Principal, has caused these presents to be executed by Universal Surety of America and the said Universal Surety of America as surety, has caused these presents to be executed by its Attorney-in-Fact Jeff P. King and the said Attorney-in-Fact has hereunto set his hand this 21 day of January , 19 93 SURETY: PRINCIPAL: Floyd Smith MB - 2 UNIVERSAL SURETY OF AMERICA 950 Echo Lane, Suite 250, Houston, Texas 77024 Bond No. 698-1110 For verification of the authority of this power you may telephone (713) 722-4660. GENERAL POWER OF ATTORNEY - CERTIFIED COPY Know Ali Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston. Texas, does by time presents make, constitute and appoint Jeff P. King its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver bonds for: Principal Floyd G. Smith dba Floyd Smith Concrete Contractor Obliges Chyof person. Texas. Amount 18.841.00 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 Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fad may do within the above stated limitations. Said appointment 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 11th day of July, 1984. "Be It Resolved, that the President, any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with loll power and authority to appoint any one or more suitable persona as Attorney(s)-in-Fact to represent and ad 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 primed by facsimile to any power of attorney of the corporation, and that such printed facsimile signature and seal shall 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 15th day of October A.D., 19 90 . UNIVERSAL SURETY OF AMERICA M,.tr. a By State of Texas„' „+lI Jah moz Jr. President •,~y_..,• County of Harris sat: On this 15th day of October , In the year 90 before me Wendy W. Stuckey a notary pub0eq personally appeared John Knox, Jr., personally known to me to be the person who executed the within Instrument as President, on behalf of the corpora- tion therein named and acknowledged to me that the corporation executed It. sn w.u~ so,d Notary Public I, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the original Power of Attorney issued by said Company, and do hereby further certify that do said Power of Attorney is still in force and effect. GIVEN under my hand and the seal of said Company, at Houston, Texas, this 21 day of January , 19 93 , 100~ or Secretary TOTAL PAGE.002 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 low 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: o 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 W. o 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 officials, agents, employees and volunteers; or, the CI - 1 [X] General Liability Insurance: General Liability insurance with combined single limits of not less than $500,000 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: o Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. o Coverage B shall include personal injury. o 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: o 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. o Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than $500,000 per occurrence either in a single policy or in a combination of underlying and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of operation, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownership use. (ISO Form CA 0001 Current Edition) [X] Workers Compensation Insurance Contractor shall insurance which, requirements for Liability limits $100,000 per eac. purchase and maintain Worker's Compensation in addition to meeting the minimum statutory issuance of such insurance, has Employer's of at least $100,000 for each accident, h employee, and a $500,000 policy limit for CI - 3 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. CI - 4 ~®'C ISSUE DATE (MMIDDNY) } , >+11M •411M ~76 4 r bld M I-M- gra.43ET PRODWBHI II 211219 1466 g, D AS A MATTER OF INFORMATION (J,f+t,.T~ses IP doe Pouu 8 76x6-2229 Lake Dallas xv-a9]-6060 D I N CQIJIHT UPppN THE CERTIFICATE HOLDER. THIS CERTIFICATE :DOES NOT AME TEflD OR ALTER THE COVERAGE AFFORDED BY THE Fa M` 4-a 1q~s f;afpey Ong 8 ~OMRtisaJ11,8Yrence BUSINESS" ROW018111 BE41WO LIFE 101 S. Locust Suite 707 since 1881 COMPANIES AFFORDING COVERAGE Denton TX 78201. CODE SUBCODE CLOEMPA Y A Trinity . i COMPANY B LETTER SU INSURED Floyd Smith Concrete Contr COMP Y C LETTER Floyd Glenn Smith P O Box 1781 COMPANY D Denton TX 76201• LETTER COMPANY E LET ER THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER :POLICY EFFECTIVE ;POLICY E%PIRATgN LIMITS DATE (MMrDD" DATE (MMIDDIYY) GENERAL LIABLffV GLA7474018 05101192 05/01/93 GENERAL AGGREGATE ii 1000000 ..f COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO CLAIMS MADE : X OCCUR. PERSONAL S ADV INJURY 500000 iOWNER'S 8 CONTRACTOR'S PROT. EACH OCCURRENCE f $00000 FIRE DAMAGE (My one fire) :f 50000 ....5666 MED. EXPENSE (My ~ one rrun), f AU70MOBLE LIABILITY ANY AUTO ALL OWNED AUTO$ :SCHEDULED AUTOS ;HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY 100000 100000 Waiver of Subrogation: City of Denton Additional Insured: City of Denton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Denton EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 901 Texas I~> MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Denton TX 76201• LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR z~ UABIUTY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. KELLER OFFICE D~ 1111-11111EQ R'FIFF AUTHORU ED REPRESENTATIVE 415 NOKTH MAIN S'F. FIRST S1ATE BANK BLDG. 1016 WF,S 2M AI SUITE. 206 8V-4)1.1141 101 SOUTHi£.Q,lC'p'`'_T_ST_.JSR7yI'E) H- FAX 817-431 3)60 :f{f9.lilOaOPI RI00 °r~l Mlnnls Insurance ALLSTATE WRYNE HOLT TEL:817-566-5942 Jan 26,93 13:59 No.002 P.02 CERTIFICATE OF INSURANCE Q ALLSTATE INSURANCE COMPANY ❑ ALLSTATE INDEMNITY COMPANY ❑ ALLSTATE TEXAS LLOYD'S THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFI- CATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CERTIFICATE HOLDER NAMED INSURED Name and Address of Party to Whom this Certificate Is Issued Name and Address of Insured City of Denton its Officials, Agents Floyd Smith Fmployees and Volunteers as additional P 0 Box 1781 insureds Denton, Tx. 76201-1781 This Is to certify that policies of Insurance listed below have been Issued to the Insured named above subject to the expiration date Indicated below, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be Issued or may pertain. The Insurance afforded by the policies described herein Is subject to all the terms, exclusions, and conditions of such policies. TYPE OF INSURANCE AND LIMITS COMMERCIAL GENERAL LIABILITY Policy Effective Number Dale Expiration Date Limit Amount GENERALAGOREGATE LIMIT (Otherlhan Products - Completed Operations) PRODUCTS-COMPLETED OPERATIONS AGGREGATE LIMIT PERSONAL AND ADVERTISING INJURY LIMIT EACH OCCURRENCE LIMIT PHYSICAL DAMAGE LIMIT S ANY ONE LOSS MEDICAL EXPENSE LIMIT S ANY ONE PERSON WORKERS' COMPENSATION6 Policy Effective EMPLOYERS' LIABILITY Number Date Expiration Date Coven Limits ' WORKERS' COMPENSATION STATUTORY- applies only In thefollowln states: - ' BODILY INJURY BY ACCIDENT = EACH ACCIDENT EMPLOYERS LIABILITY BODILY INJURY BY DISEASE EACH EMPLOYEE_ BODILY INJURY BY DISEASE i POLICY LIMIT AUTOMOBILE LIABILITY Policy 49-603074 Effective 06-11-92 Number Date Expiration Date 06-11-93 Coverage Basls Limits MANY AUTO 0 OWNED AUTOS ■ HIRED AUTOS Combined SNGIe Llmll of LIsbIINy SODILY INJURYd PROPERTY DAMASE EACH ACCIDENT_ IIISPECIFIEDAUTOS ■ NON•OWNEDAUTOS Split LIebllit Limits fhadily injury foe Damage Each NEO PRIVATE PASSENGER AUTOS OO W . PERSON 0OWNED AUTOS OTHER THAN PRIVATE PASSENGER i ACCIDENT UMBRELLA LIABILITY Policy Effective Number Date Expiration Date EACH OCCURRENCE GENERAL AGGREGATE PRODUCTS- COMPLETED OPERATIONS AGGREGATE S it OTHER (Show Policy Effective type of Policy) Number Date Expiration Date DESCRIPTION OF OPERATIONSA.OCATIONSIVEHICLESMESTRICTIONS/SPECIAL ITEMS CA14CELLATION 01-25-93 Number of days notice 30 AL orawaenreeenaie'.'-.-------'-'-- Palo Should any of the above described policies be cancelled before the expir tlon date ,thelasuing company will endeavor to mail within the number of days entered above, written notice to the certificate holder named above. But failure to mall such notice shall Impose no obligation or llablllty of any kind upon the company, its agents or representatives. U10523-2 IAN 26 '93 14:04 817 566 5942 PAGE.002 BID SUMMARY TOTAL BID PRICE IN WORDS Ei&htaan thousand eight hundred forty-one and no/100----------------------- In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. Floyd Smith CONTRACTOR BY P.O. Box 1781 Street Address Denton. Texas 76202 City and State Seal & Authorization (If a Corporation) _(817) 565-0114 Telephone B - 1 Fire Station #4 Driveway and Turn Around BID TABULATION SHEET WUFK DAYS 1D BID NO. 144n PO NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3-B Remove Concrete Curb and Gutter 67 LF $ 3.00/LF S 201.00 3-C Remove Concrete Drive and Sidewalk 332 BY $ 4.50/Sy $ 1,494.00 3.3 Unclassified Excavation 135 CY $ 4,50/Cy $ 607.50 3.7 Compacted Fill 55 Cy $ 1.00/Cy $ 55.00 8.3-8 6" Reinforced Concrete Driveway 605 SY S 22.00/Sy $13 310.00 8.3-A 4" Concrete Sidewalk 4 Sy $ 22.00/Sy $ 88.00 SP-2 Concrete Saw Cut 45 LF $ 3.00/LF $ 135.00 8.1 Barricades, Warning Signs and Detours - LS $ 200.00/LS $ 200.00 1.21 Contractors Warranties and Understandings - LS $ /LS 475.50 $ 475.50 3.1 Site Preparation - LS $ 50.00/LS $ 50.00 4.6-B 6" Lime Subgrade 650 BY $ 2,50/Sy $ 19625.00 4.6-A Type A Hydrated Lime Slurry 8 TON $ 75.00/TN $ 600.00 Materials incorporated into project plus labor $ Other $ TOTAL 5181841.00 P - 3 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 5 day of JANUARY A.D., 1993 , by and between THE 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 CLIFFORD E. FOGUS COMPANY. 2333 HINTON. IRVING, TEXAS 75061 of the City of IRVING , county of DALLAS 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 bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1447 - NORTH LAKES PARR PHASE II in the amount of.S424_600.00 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, blueprints, and CA-1 0114s cher drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by 7 T DUNKIN & ASSOCIATES INC -f , 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 0114s IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ATTEST: CA-3 CLIFFORD E. FOGUS COMPANY CONTRACTOR e C/ (SEAL) 0114s PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That CLIFFORD E. FOCUS COMPANY , of the City of IRVING County of DALLAS , and State of TEXAS as PRINCIPAL, and EMPLOYp.RR MTTTHAT racTTATTV sQM;2AX4r , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON as OWNER, in the penal sum of FOUR HUNDRED TWENTY FOUR THOUSAND SIX HUNDRED AND no/100-------------- Dollars 424,600.00 ) 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 5 day of sANUARY , 19 93 , for the construction of BID # 1447 - NORTH LAKES PARK PHASE II in the amount of $424,600.00 which contract is hereby referred to and made a dpart 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; PB-1 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed 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 anywise 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 ijmu day of TANTTARV , 1993_. Principal By 67 Title r•nsnr 0:99P + M. UTUn• GKS rr 1my nn Surety ~GLL: ~CG~/~~ Title ATTORNEY-IN-FACT Address 2,333 HINTON IRVING, TEXAS 75061 (SEAL) The name and address of the Resident Agent of Surety is: (SEAL) X,*IITCy'IkEL'•_;-' Ig~Ji #A\*Cl1 ,'•A;e~" ~'."'Y C'G:i':AH 93910 PAIGI; -RED STTTTF. "'C'"' THE C0T,0NV. TRYAR 75056 NUPE: Date of Bond must not be prior to date of Contract. PB-2 Address 5910 PAIGE RD.. SUITE "C" THE COLONY, TEXAS 75056 0091b PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That CLIFFORD E. FOGUS COMPANY of the City of IRVING County of DALLAS , and State of _ TEXAS , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto THE CITY OF DENTON , OWNER, in the penal sum of FOUR HUNDRED TWENTY FOUR THOUSAND SIX HUNDRED AND no/100------------------------- Dollars (t 424.600.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has with the Owner, dated the 5 day of entered into a certain written contract JANUARY BID # 1447 - NORTH LAKES PARR PHASE II , 1993 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 prosection 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 Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it 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 anywise 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 WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 11THday of JANUARY , 19 93 CLIFFORD E. FOGUS COMPANY Principal By Title~/6r- EMPLOYERS MUTUAL CASUALTY CO. Surety ,LGLL ~ j ~L~.E/C~ Title ATTORNEY-IN-FACT Address 2333 HINTON Address5910 PAIGE RD., SUITE "C" THE COLONY, TEXAS 75056 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: KITCHELL INSURANCE AGENCY 5910 PAIGE RD., SUITE "C" THE COLONY, TEXAS 75056 PB-4 0092b MAINTENANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT CLIFFORD E. FOGUS COMPANY as Principal, and EMPT.OYF.RR MTTTTTAT. !'AGTTAT.TV rOMn11NS 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 FORTY TWO THOUSAND FOUR HUNDRED SIXTY AND No/loo Dollars 42,46n-on 10% of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said CLIFFORD E. FOGUS COMPANY has this day entered into a written contract with the said City of Denton to build and Construct BID # 1447 - NORTH LAXE PARR PHASF. TT 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 incorporatd 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 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. MB-1 0093b 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 CLTFFORn F. FOrrrG enMPANV as Contractor and Principal, has caused these presents to be executed by KITCHELL INSURANCE AGENCY "and the said EMPLOYERS MUTUAL CASUALTY COMPANY as surety, has caused these presents to be executed by its Attorney-in-Fact JOHN F. KITCHELL and the said Attorney-in-Fact has hereunto set his hand this 11TH day of JANUARY , 1993 . SURETY: EMPLO 0. BY: ZL`t.GIiL JOH F. KITCHELL Attorney-in-Fact PRINCIPAL: nT.TFFnPn R. Fnang rnMDaNV MB-2 0093b INSURANCE: 11.1.1 In the first line following the word "maintain", insert the words "within a company or companies licensed to do business in the state in which the project is located." 11.1.1.7 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: 1. Premises - Operations (including X-C-U). 2. Owner's and Contractor's Protection. 3. Products and Completed Operations. 4. Contractual - including specified provisions for the Contractor's obligations under paragraph 4.18. 5. Owned, non-owned and hired motor vehicles. 11.1.2 Add the following: 1. Workman's Compensation - Statutory Employers' Liability - $1.000.000.00 2. Public Liability: Per Person Per Occurrence Aggregate a. Bodily Injury $1,000,000.00 $1,000,000.00 b. Property Damage $ 500,000.00 $ 500,000.00 3. Automobile Liability: a. Bodily Injury $250,000.00 $ 500,000.00 b. Property Damage $ 100,000.00 4. Independent Contractors - Same limits as above. 5. Products and Completed Operations - Same limits as above for two years commencing with issuance of final Certificate of Payment. 6. Contractual Liability - Same limits as above. Broad Form including excess umbrella. 11.1.4 Add new clause: 11.1.4.1 Furnish one copy of certificates herein required for each copy of agreement; specifically set forth evidence of all coverage required by 11.1 and 11.1.2. The form of the certificate shall be AIA Document G705. Furnish to the Owner copies of any endorsements that are subsequently issued amending coverage or limits. 11.2 OWNER'S LIABILITY INSURANCE (Normally provided by Owner) 11.2.1 Delete in its entirety and substitute: 11.2.1 The Contractor shall effect, maintain and pay for all Owner's Liability Insurance as required below until final acceptance of the work. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of work. These certificates shall contain a provision that coverages afforded under the policies will not be cancelled until at least 30 days prior written notice has been given to the Owner. a. Bodily Injury - Per Person/Per Occurrence $1,000.000./$1,000,000. b. Property Damage - Per Occurrence/Aggregate $50.000./$100,000. Add the following new paragraph: 11.5 OTHER INSURANCE: Contractor shall effect, maintain, and pay for an umbrella liability insurance in the amount of $1,000,000.00 covering excess of the underlying policies and possible uninsured exposure. SECTION 00300 - PROPOSAL FORM 00050.1 TIME: 2:00 P.M. 00050.2 DATE: December 15, 1992 00050.3 TO: Purchasing Agent City of Denton 901 B. Texas Street Denton, Texas 76201 Gentlemen: 00050.4 STIPULATED SUM The undersigned having examined the Contract Documents entitled: North Lakes Park, Phase II City of Denton and having visited the site of the proposed construction, and having familiarized himself with the local conditions affecting the cost of the work, and with all addenda to the said documents, hereby proposes to furnish all supervision, labor, materials, equipment, tools, and accessories and to do all work in accordance with said documents and addenda thereto for the stipulated sum of: Trench safety for sanitary sewer as per Sheet SS-1 and specifications IVY / ~/MO/L6J~ Dollars .So 0 rH~lc<''f-[~v.~a KD S/.~-'LlFH,~~uvJ n.>p ~~ti 7 [~/wnix.v~ Dollars 3G~ 4-00 Base bid including trench safety item Note: Amounts shall be shown in both words and figures. In case of discrepancies, the amount in words shall govern. 00300 - 1 Add Alternate #1 for installation and 95% compaction of 6" flex base material in the north and south parking lots (see Section 01100). wo ~-~u id On.cw Dollars J~ co, Zap Z ) The bidder shall provide cost for the following work. These prices are for use by the City of Denton for accounting procedures associated with the Texas Parks and Wildlife Department and shall not affect the base bid or alternate prices. Installation of the water and sewer lines and all work associated with Sheet SS-1. id1u5rz,oJ0, PTJr t-JV. 04,w ollars ~j So a ai ) , UNIT PRICES: The undersigned agrees that the following unit prices will apply to adjust quantities of materials indicated on drawings. Prices are for materials furnished and installed. It is further agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished, as may be considered necessary in the opinion of the Owner's Representative, and that'all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth above except as provided for in the specifications. CONCRETE WALKWAYS (for addition or deletion) 4" thick 3000 PSI concrete flatwork 4t J. ¢S Sq. Ft. ADDENDA: This will acknowledge receipt of the following addenda which are part of the Bidding Documents: Addendum No. 1 Dye Pa, 11, t eta Addendum No. Addendum No. Addendum No. The undersigned bidder hereby declares that he has visited the site of the work and has carefully examined the Contract Documents pertaining to the work covered by the above bid, and he further agrees to commence work within ten (10) days after date of written notice to do so and to substantially complete the work on which he has bid within 1 --X~ consecutive calendar days subject to such extensions of time allowed by specifications. 00300 - 2 E ? 1992 ALTERNATE #2 Lk'vU\Z~; I~J u 1.-+( J Add or deduct Alternate #2 (circle one) - In lieu of asphalt paving, Contractor shall provide a 5' thick, 3,000 psi, concrete, lime stabilized with #3 rebar 18" O.C. Expansion joints shall be 150' O.C. with saw joints 25' O.C. Do not include 6" curb and gutter with this bid item. C."IJ1 (g d, o The undersigned bidder agrees that his bid shall be good and 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 any or all bids and to waive any informalities in the bidding. BID GUARANTY: Enclosed with this Bid is a Certified Check for: DOLLARS or a Bid Bond in the sum of ~on^r - d!s..^m DOLLARS 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 and the undersigned fails to execute the Contract and 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 demand. ~c FFO > ,f-7, f r:C v s i~r,~ a ~Y Contactor (firm name / .Pain/ By 2-- 33 3 A NhV/.1 *Seal Address -~L:21/I~J67, / QA City, Stan', Zip Code 7 /S.z/- //CV Fi1- x -2 y s~-i&CC) Phone *If Bidder is a Corporation 00300 - 3 N°_ 101496 JOHN F. KITCHELL, RICHARD B. KITCHELL, INDIVIDUALLY, THE COLONY, TEXAS------------ IN AN ANOUNT NOT EXCEEDING FIVE HUNDRED THOUS April 1, 1993 N.,ay 4 92 4~-t~s 4~~e 19th (.$500,000.00) CZ'~(/N7GR~ May 92 May 19, 1992 John F. Kitchell, Richard B. Kitchell JANUARY 93 11TH L' 0 - . SSUE DATE (MM/DDNY) 1/11/93 PRODUCER - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Li NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, KITCHELL INSURANCE AGENCY EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 5910 PAIGE RD., SUITE RC" THE COLONY, ' TEXAS 75056 COMPANIES AFFORDING COVERAGE NY A COMPA LETTER BITUMINOUS CASUALTY COMPANY COMPANY IN URE B LETTER S D CITY OF DENTON C/O COMPANY C CLIFFORD E. FOGUS COMPANY LETTER 2333 HINTON COMPANY IRVING, TEXAS 75061 LETTER COMPANY E LETTER e • Y =i F THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW H AVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF AN , Y CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE P OLICIES DESC91SED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. CO LTR TYPE OF INSURANCE POLICY NUMBER POUCV EFFECTIVE DATE (M69DO1VY) POLICY EXPIRATION DATE (MMIDD/YY) ALL LIMITS IN THOUSANDS d' - GENERAL LIABILITY GENERAL AGGREGATE $ ' 1 000 , A COMMERCIAL GENERAL LIABILITY PRODUCTS COMPIOPS AGGREGATE $ 1,000 CLAIMS MACE ❑OCCURRENCEE PERSONAL B ADVERTISING INJURY 1,000 OvINERSaCONTRACTORS PROTECTIVE UNDER BINDER 1/5/93 1/5/94 EACH OCCURRENCE FIRE DAMAGE (ANY ONE FIRE) 50 MEDICAL EXPENSE (ANY ONE PERSON) $ 5 ti ' AU TOMOBILE LIABILITY zKer"6+ ' ANY AUTO EEL @ W h va': ALL OWNED AUTOS BODILY PE P A SCHEDULED AUTOS ERSON) I $ . NM' HIRED AUTOS NJUIRV ss.u A 1 NON OWNED AUTOS (PER ACCIDENn $ ryi ~ ' GARAGE LIABILITY PROPERTY L A~/ [ DAMAGE y I •L~ ~i ~6 y j $ 9 5j ; . e V ! EXCESS LIABILITY OCEACHC RRENCE AGGREGATE U P R J N $ $ OTHER THAN UMBRELLA FORM T: . ' WORKER ' xu STATUTORY •R.S eA*,,..SI°"~u'':'<~_'.",7'~L r S COMPENSATION AND $ (EACH ACCIDENT) EMPLOYERS' LIABILITY I s (DISEASE-POLICY LIMIT) $ (DISEASE EACH EMPLOYEE) OTHER k • M , DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/ SPECIAL ITEMS 3r t E1111 13=6910 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX C CITY OF DENTON PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 901B TEXAS ST. MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE DENTON, TEXAS 75201 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN: MAX BLACKBURN LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORI E REPRESENTATIVE N &VA"Amwo ml T00'30ud LTOBOL£VTZT Z£:ZT £6. ZZ Nbf ISSUE DATE (MMICIM"Y) PRODUCER THIS CERTIFICATE M ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS . NO RIGHYR UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND. ~ 'Kitchell IriSUrance Agenc EXTEND OR ALTER THE COVERAGE AFFORDED BY THE uPOLICIES BELOW. y P.O. Box 560624 The Colony TX 75056 COMPANIES AFFORDING COVERAGE , A COMPANY E Bituminous Casualt Com n W11 (214) 625-8017 COMPANY B LETTER INSURED C ~ERNY Clifford E. Fogus Company L 2333 Hinton COMPANY D Irving, TX 75061 LETTER COMPANY LETTER F a• • eIJ. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAYS REEK ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PER BE ISSUED OR AIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CON01- T TIONS OF SUCH POLICIES. CO LTR TYPE OF INSURANCE POLICY NUMexR ML:CT `rtrA'•" pATF ;M!A:.,lh) POL 'CI E%r iDV OArl jA ;Y!pAYI ALL LIMITS IN THOUSANDS > GEN ERAL LIABILITY CE.':ERAL AWRKAIE $ A X ccu:aERaAL GBERAL UAeIUTY CLP2113730 9-11-92 9-11-93 PPCCuCTSCOMP/CPE AGWEGArE CLA%s MACE ®OCCURRENCE PEP.SO:AL E ADVERMIUS WiURY $ OIMER S 8 CONTRACT CRS PROTECTIVE EACH OCCURRENCE $ TIRE DAMAGE IAVY OEIE IME) $ ' MEOMAL I7~ENSE WN ONE PERSONI $ AUTOMOBILE LIABILITY A X ANY 0 CAP1802092 9-11-92 9-11-93 J UL $ AL ALL GINNED AUTOS r SCHEDULED AUTOS aBaGq $ X HIRED AUTOS Y NON-OWNED AUTOS $ GARAGE LIABILITY o~ vN+ce~ . . EXCESS LIABILITY ArcPEwiE •'t A X Umbrella Form CUP1782659 9-11-92 9-11-93 $ $ OTHER ]VAR UMBRELLA FORM 11000, 1 000 + STATUTORY WORKERS'COMPUNSATION $ 1,000, IEAOHpCGOEIIq B AND ' TSF103830 9-19-•92 9-19-93 $ . , (pISE'SEl'OuCY LIMB) ' EMPLOYERS LIABILITY $ 11000, WSEAS&EACH EMPLOYER OTHER Incl. Loss Damage Waiver ' Equipment Floater I'L,94925306 9-11-92 9-11-93 Up To $100,000 Limit Per C Item $250.00 Deductible DESCRIPTION OF OPERATK)NSILOCATIONSIVEHICLESI RESTRICTIONS/SPECIAL ITEMS CERTIFICATE HOLDER IS AN ADDITIONAL INSURED W/WAIVER OF SUBROGATION ON G/L CITY OF DENTON 901B TEXAS STREET DENTON,TEXAS 76201 ATTN:MAX BLACKBURN SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORE THE EX• PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE . LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR FIN awW_.0wwI " V 1 Tod 260 A31,1391:1 SN I -Il3H0l I H CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON I( THIS AGREEMENT, made and entered into this 5 day of JANUARY A.D., 19 93 , by and between THE CITY OF DENTON of the County of DENTON and State of Texas, acting through 1"YD v. BARRELL thereunto duly authorized so to do, hereinafter termed 'OWNER,' and DICKERSON CONSTRUCTION. BOX 101, CELINA TEXAS. 75009 of the City of CELINA , County of COLLIN 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 bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1433 - BORE ACROSS I-35 AT STAT. 634 & 30 in the amount of $36,750.00 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, blueprints, and CA-1 0114s other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ENGINEERING STAFF 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 0114s IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ATTEST: DICKERSON CONSTRUCTION CONTRACTOR Title (SEAL) CA-3 0114s CITY OF DENTON INSURANCE REQUIREMENTS FOR 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 endorse- ments as prescribed and provided herein. If an apparent low 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 the=_ 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 loncer, if so noted: o 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 o 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 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Insurance Requirements Page 2 o Liability policies shall be endorsed to provide the following: oo Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. oo 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. o All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage. o 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. o 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. o 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. 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: Insurance Requirements Page 3 [g] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $ 500,000.00 shall be provided and maintained by the contractor. on an occurrence basis either combination of underlying and The policy shall be written in a single policy or in a umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: o coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. o Coverage B shall include personal injury. o 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: o 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. o Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than - $500,000.00 per occurrence either in a single policy or in a combination of underlying and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of operation, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownership use. (ISO Form CA 0001 Current Edition) Insurance Requirements Page 4 [x] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy 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 "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 provided or is unavailable contractor leases or rents a Limits of not less than 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. form General Liability is not to the contractor or if a portion of a City building. each occurrence are APPROVED 12-18-91 Insurance Requirements Page 5 ( ] Builders' Risk Insurance Builders' Risk Insurance, on an All-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. OOOED BID NUMBER 1433 BID PROPOSALS City of Denton, Texas 901•B Texas SL Purchasing Department Denton, Texas 76201 Page 2 Of 23 ITEM DESCRIPTION OUAN. PRICE AMOUNT 1. BORE ACROSS INTERSTATE HIGHWAY 35 AT STATION 634+30 1 $ $ IN THE PROXIMITY OF EXPOSITION MILLS MALL 1. Alternative I 300 L.F. @122.50 per L.F. 2. Alternative II 300 L.F. @110.00 per L.F. $36,750.( $339000.( TOTALS We quote the above f.o.b. delivered to Denton, Texas. Shipment can be made in 629 days from receipt of order. Terms net/30 unless otherwise Indicated. In submitting the above bid, the vendor agrees that acceptance of any or all bid Items by the City of Denton, Texas within a reasonable period of time constitues a contract. The completed Bid Proposal must be properly priced, signed and returned. 115 1~t Cke A) 0 rJ awil.N rvf. eltltler LsYy} Signature Title Melling Address Ce~.Na TC'M) lsoo6 city State Zip X14 3~z-zlz.3 Telephone Certificate of insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND. EXTEND. OR ALTER THE COVERAGE AFFORDED BY THE PGLICIES LISTED BELOW. This is to Certify that r LIBERTY I DICKERSON CONSTRUCTION COMPANY, INC. M 1 l-AL" DICKERSON EQUIPMENT COMPANY Nameand CELINA READY-MIX, INC. address of I 1309 N. LOUISIANA I Insured. L~ CELINA, TEXAS 75009 1 is, at the issue date of this certificate. insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies)is subject to all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. TYPE CERT. EXP. DATE' OF ❑CONTINUOUS POLICY LIMIT POLICY ❑EXTENDED NUMBER OF LIABILITY POLICY TERM COVERAGE AFFORDED UNDER W.C. EMPLOYER'S LIABILITY • LAW OF THE FOLLOWING STATES: Bodily Injury By Accident WORKERS' Ea. Acc. Bodily Injury By Disease COMPENSATION Pol. Limit Bodily Injury By Disease Ea. Person General Aggregate - Omer than Producte/Completed Operations $2,000,000 Procuctscomptated Operations Aggregate $2,000,000 Z Bodily Injury and Property Damage Liability $1,000,000 per occumenc Q m ❑ CLAIMS MADE Personal and Advertising Injury per persor J RETRO DATE 2/10/93 YY1-191-409705-01 $1 000 000 organlzado W , , Other V ~ OCCURRENCE SPECIAL/EXCL. ENDORSEMENTS Y ' OWNED f $1,000,000 EACH ACCIDENT - SINGLE LIMIT - B.I. AND P.D. COMBINE[ , E it NON-OWNED 9/1/93 AS2-191-409705-03 EACH PERSON n Q Q EACH ACCIDENT EACH ACCIDEN' M HIRED OR OCCURRENCE $ OR OCCURRENCI THAT SUCH INSURANCE IS PRIMARY TO ANY OTHER INSURANCE AVAILABLE TO THE ADDITIONAL INSURED w WITH RESPECT TO CLAIMS COVERED UNDER THE POLICY AND THAT THIS INSURANCE APPLIES SEPARATELS CO EACH INSU RED AGAINST WHOM CLAIM IS MADE OR S UIT IS BROUGHT. THE INCLUSION OF MORE THAN 0 NE INSURED SHALL NOT OPERATE TO INCREASE THE I NSURER'S LIMIT OF LIABILITY. LOCATION(S) OF OPERATIONS & JOB # (If Applicable) DESCRIPTION OF OPERATIONS: - BID #1433 - BORE ACROSS I-35 AT STAT. 634 & 301 'It the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. However. you will not be notified annually of the continuation of coverage. ADDITIONAL INSURED: CITY OF DENTON, ITS OFFICTpT NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR REDUCE AGENTS, EMPLOYEES 6r 1W. Iatyutrm Insur THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS 39 DAYS volunteers NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: . I THE CITY OF DENTON PURCHASING DEPARTMENT J CERTIFICATE ~`I•.~._:~ CXi•_~ HOLDER 901 TEXAS STREET DENTON, TEXAS 76201 AUTHORIZED REPRESENTATIVE L J 1/15/93 Si IRVING DATE ISSUED OFFICE es 772 R '93 15: 5 L-BERT1'•MLITURLyl`~ 1T; `A . - • Or issuEUnP 2,n..vuu• I ` 1 v® 1/15/93 PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS T' TEXAS WORKERS COMPENSATION INS. FUND - RIGHTS EXTEND OR ALT THE IRE CO RAGE A"OLDETL FFORDED THIS TCERTIFICA HE ESS BELOW. AMEND, 100 CONGRESS #3000 AUSTIN, TEXAS 78701 COMPANIES AFFORDING COVERAGE ER r p T LE TEXAS WORKERS COMPENSATION T COMPANY B LETTER INSURED DICKERSON CONSTRUCTION CO., INC. COMPANY C P. 0. BOX 458 ` ER CELINA, TEXAS 75009 lEcrEa OMPANY E (C L, ETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH'RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS. AND CONDI- TIONS OF SUCH POLICIES. • CO TY PO.CV EN p Im"TION LIABILITY LIMITS IN THOUSANDS L PE OF INSURANCE POLICY NUMBER I DATE OLR rdAm)wm AGGREGATE CUPRENC G ENERAL LIABILITY BDDIIv COMPREHENSIVE FORM PUVRr $ $ PREMISESIOPERATIONS PROPERTv I ON R I DAMAGE is s N 8 COLLAPSE HAZARD O(ROS O I I PROOUCT=MPLETED OPERATIONS I i CONTRACTUAL I I s CC•AewEJ ; S INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INAIRY PERSONAL INJURY $ A UTOMOBILE LIABILITY v . ANY AUTO rust IoM R't9DA $ ALL OWNED AUTOS (PRIV. PASS.) M, / ALL OWNED AUTOS 1~MEpF IR• 1m06YR $ KIRED AUTOS PROPERTY NON-OWNED AUTOS DAMAGE $ GARAGE LIABILITY a A PO CoIAaNEo $ EXCESS LIABILITY UMBRELLA FORM SI A PO COMBWED $ $ OTHER THAN UMBRELLA FORM 1 STATUTORY WORKERS' COMPENSATION - IEALH ACLOENiI AND SF-101214-00 5/10/92 3/5/93 Sron IDISEASE-POLEY LW`-ir EMPLOYERS' LABILITY Sloo IdSEASE•EAOI ENPI•hEEI OTHER DESCRIPTION OF OPERATIONSILOCATN7NSIVENK:LESISPECIAL ITEMS BID #1433 BORE ACROSS I-35 AT STAT 634 & 30 ULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX TEE CITY OF DENTON ATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR ID [MAIL PURCHASING DEPARTMENT Qy((~I DAYS WRITTEN NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE TION ON LIABILITY T, BOT fA0.URE TO MAIL SUCH NOTICE SIULL MAPOSE NOOBLKIA 9O1 TEXAS STREET ANY KIND UPON THE COMP NY. ITS AGENTS OR REPRESENTATIVES. DENTON, TEXAS 76201 RIZED REPRESENTATIVE n JAN 21 193 15:37 214 580 0815 PAGE.002