1993-065ORDINANCE NO. 95
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
1486 ARCHITECTURAL UTILITIES INC. $118,394_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, 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 approval.
PASSED AND APPROVED this theoday of .1993.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
CASTLEBERRY,
/tC• C
BY:
DATE: APRIL 27, 1993
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1486 - GENERAL CONSTRUCTION AND RENOVATION OF MLK
RECREATION CENTER (MOISTURE ABATEMENT)
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder
Architectural Utilities Inc. in the total amount of $118,394.00.
SUMMARY: This bid is for the general construction of moisture abatement
recommendations designed by Corgan Associates Architects. The intent is to control
the high moisture conditions at the MLK Recreation Center facility.
The bid price includes the base bid, alternate 1 and alternate 6 (see letter from
Corgan Associates dated 4-7-93 for complete listing of work).
The completion date for the project is July 17, 1993. All work is designed to have
minimal effect on the use of the facility and should not interfere with normal
activities associated with the recreation center.
BACKGROUND: Tabulation sheet, Corgan Associates Architects letter dated April
7, 1993.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Park and Recreation
Department, MLK Recreation Center and Citizens of Denton.
FISCAL IMPACT: Funds for this moisture abatement program will come from Park
Bonds account #444-031-PARK-8905-9101.
spectfully submitted:
L oyd V: arrell
City Manager
Approved:
Name: Tom D. Shaw,C.P.M.
Title: Purchasing Agent
agenda.363
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RPR-08-1993 15:40 FROM CAR 653-8281 TO 18173824692 P.05
10 -
Cwgan Awda n Anhdwb
7 April 1993
City of Denton
Martin Luther King Recreations Center
Base Bid
• Install french drain around entire facility perimeter.
• Add five dewatering veins under southwest corner of gymnasium where
conditions are unusually wet.
• Install five lift stations to collect and remove water intercepted by new french
drain.
• Rebuild all existing crawl space sump pumps.
• Install one additional crawl space sump pump.
Rewire all existing sump pumps in crawl space in rigid conduit.
• Rebuild all existing crawl space ventilation intake penetratiow.
• Place polyethylene vapor retarder on top of crawl space soil under entire facility.
• Install concrete curb in courtyard and around electrical transformer slab.
• Rebuild all concrete splashblocks and directors.
Install concrete downspout discharges as needed.
Re grade courtyard planting bed to promote positive drainage away from
building. .
• Install gutters and downspouts on building in courtyard and along east facade.
• Extend existing downspout discharges as needed.
• Install self-regulating heat tape on all cold water supply pipes and all fire
sprinkler pipes in attic space.
Alternate No. 1
• Regrade crawl space soil to eliminate existing high and low spots.
• Regrade crawl space soil to locally slope down to each of the 4 sump locations.
• Regrade crawl space soil to provide improved air circulation throughout entire
crawl space.
• R egr a crawl space soil to maintain adequate air flow under each interior floor
Alternate No. b
Install five additional galvanized metal crawl space ventilation intake
penetrations under perimeter beam at the gymnasium. This will include 3 new
vents along the north wall and 2 new vents along the south wall.
93013/OO/C5/DAL7
TOTAL P.05
APR 8 193 15:26 214 653 8281 PRGE.005
APR-08-1993 15:36 FROM CAA 653-8281
7 April 1993
Mr. Bruce Henington
Superinatendent, Facilities Management
City of Denton, Civic Center
321 Past McKinney
Denton, Texas 76201
Re: City of Denton MLK Center
Martin Luther King Recreation Center
Dear Bruce:
TO 18173824692 P.02
We have completed our review of the Bids received on 4/6/93 for
the MLK Recreation Center remedial work.
Four bids were received from Contractors; all considered qualified
and able to perform a project of this scope and type. The low base
proposal was submitted by Architectural Utilities, Inc. They have
successfully bid and completed construction contracts with our firm
involving large amounts of underground utilities and earthwork
We have enclosed a bid tabulation for your review.
In evaluating these proposals, we offer the following:
As you are aware, the scope of this project evolved during the
design phase following our initial evaluation. The specific
components of the solution initially proposed (to eliminate the
problems high ground water is causing in the facility) were modified
based on our further detailed field investigations. The following
items are identified which changed and added to the scope of the
work:
1. Adding dewatering veins under the southwest corner of the
gymnasium.
2. Adding additional gutters and downspouts.
3. Adding planting bed grading.
4. Adding concrete water diversion curbs and slabs.
5. Rebuilding the existing air vents.
6. Adding a larger ventilation fan.
7. Increasing the amount of grading under the building.
9101YOWC&DA,I S
Dorgan associates Architects
$01 Elm Street
Suite 5W
Dallas, Texas 752023334
Tel 21474$ 211011
Fax 214 653 $201
Architecture
SPOCe Planning/interior Despn
Master Planning
APR 8 '93 15:24 214 653 8281 PAGE.002
APR-08-1993 15:39 FROM CAA 653-8281 TO 18173824692 P.03
Mr. Bruce Henington
7 April 1993
We evaluated the aspects of all proposed "components" of the
remedial work and selected the most cost effective and value
oriented components for the Base Bid work. This "evolution" in
strategy priontized the originally listed preliminary menu of work
items presented to the council.
Based on our analysis of the bids, we recommend award of the
Base Bid of $97,344.00, Alternate No. 1 (regrading under the
building) at $18,000.00 and Alternate No. 6, (installing new
ventilation cisterns) at $2,950.00. These three items together total
$118,394.00 which is very close to the City's budget of $118,000.00.
In our opinion this combination of items will satisfactorily
accomplish the intended objectives of the Phase I program. We
have attached a listing of items included in this recommendation for
your review.
We have discussed this Contractor's bid with him and he feels
confident in his ability to complete the project satisfactorily.
As agreed we will monitor and evaluate the success of the phase I
work for 6 months after completion. If needed, we will recommend
previously included in our report) implementation of Phase II.
Z do, however, feel the Phase I work will significantly reduce the
presence of water under the building. Please call if you have any
questions. We stand ready to assist the City in successfully
completing Phase I of this needed remedial work.
Sincerely,
rent Bye WrS4 '
Principal
9WI3/0WCSMAL5
APR 8 '93 15:25 214 653 8281 PAGE.003
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON ) (
THIS AGREEMENT, made and entered into this 27 day of APRIL
A.D., 19 93, by and between VTTY 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 cARCBITEC UTILITIES. INC_. 3n0 WEST RnNCF
FT WORTH TEXAS 76110
of the City of FT WORTH , County of TARRANT
and State of mcvnc , 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 # 1486 - GENERAL CONSTRUCTION AND RENOVIATION OF MGR RECREATIONAL
CENTER in the amount of $118,394.00
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, blueprints, and
CA-1
0114s
other drawings and printed or written explanatory matter thereof, and the
Specifications therefore, as prepared by
CORGAN ASSOCIATES TN- I
, 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.
(SEAL)
ATTEST:
Y. Doug rumbaugh
Vice resident
CA-3
0114s
PERFORMANCE BOND
THE STATE OF TEXAS BOND $ 3-151-668
KNOW ALL MEN BY TBESE PRESENTS:
COUNTY OF ( DENTON )
THAT we, ARCHITECTURAL UTILILITES INC.
as Principal, and West American Insurance company
136 North Third Street, Hamilton, Ohio 45026
as Surety, are hereby held and firmly bound unto the City of Denton, hereafter called
Obligee, in the penal sum of $ 118,394.00 which is the full amount of
Principal's contract with the named Obligee, for the payment of which sum the said
Principal and Surety bind themselves, their heirs, executors, administrators and successors,
jointly and severally firmly by these presents.
WHEREAS, the principal has entered into a written contract dated 4-27-93 with
Obligee named, to do and perform certain construction work as provided in said contract
and the related plans, specifications, general conditions and other contract documents, all
of which are by reference made a part hereof.
NOW, THEREFORE, the conditions of this Obligation is such that if the Principal shall
faithfully perform all of the work in accordance with the plans, specifications general
conditions and contract documents, and shall faithfully perform each, every and all other
obligations incumbent upon him under the terms of said written contract referred to, and
shall fully indemnify and save harmless the Obligee from all costs, expense and damage
which it may suffer or incur because of Principal's default, or failure so to do, then this
obligation shall be void, otherwise it shall remain in full force and effect.
In the event Principal shall default in the faithful performance of the work called for by said
written contract, plans, specifications and contract documents, the Surety shall within 15 days
of the determination of default (determined as provided in said contract, general conditions
and contract documents) take over and assume completion of said contract, or within such
15 day period make other arrangements satisfactory with the Obligee for completion of the
contract, and said Surety shall become entitled thereupon to the payment or benefit of the
balance of the contract price as the same matures according to its terms.
The Surety, for the protection of the Obligee herein, waives notice of, and, hereby consents
to any subsequent modification or alteration both in the work to be performed by the
Principal, and the consequent price or sums to be paid by the Obligee, as well as any other
change, or amendment, addition or deletion in the contract documents during the progress
of the work, including but not limited to all extensions of time or other indulgences
permitted the Principal.
16 March 1993 Performance Bond Form - 1 CAA 93013.00
Notwithstanding any other provision, the liability of the Surety on this bond shall never
exceed the penal sum stated in first paragraph.
This Performance Bond is given in compliance with the terms and provisions of Article 5160
of the Revised Civil Statutes as amended by Chapter 93, H.B. 344, Acts of the 72nd,
Legislature, Regular Session, approved and effective 1991 particularly Section
A(a) thereof, and this bond and all of the provisions herein contained shall be solely for the
protection of the named Obligee which has awarded the contract referred to.
The undersigned, corporate Surety, does by the execution of this Bond solemnly warrant and
represent that it is duly authorized to do business in Texas.
Executed this 5th day of may
3
Attest:
ARCH E
A UT L T INC. Principal
By
Title
B. Dou
ce President
Approved as to Form by Obligee:
WEST
ArU
Surety
By
By
D vid C.
Oxford
Title
ttorney-in-Fact
NOTE:
1. This bond must be payable to the awarding authority, City of Denton as the named
obligee, and it must be approved as to form by such awarding authority.
2. This bond must be furnished before any work is commenced.
3. Surety must be a corporate surety duly authorized to do business in Texas.
4. This PERFORMANCE BOND must be in the full amount of the contract which it
secures.
5. Power of Attorney from Corporate Surety should be attached to this Performance
Bond.
END OF BOND
16 March 1993 Performance Bond Form - 2 CAA 93013.00
PAYMENT BOND
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF ( DENTON )
THAT we, ARCHITECTURAL UTILITIES INC.
as Principal, and West American Insurance Company
136 North Third St., Hamilton, ohin 45026
as Surety, are hereby held and firmly bound unto the City of Denton, hereafter called
Obligee, for the sole use, benefit and protection of all claimants supplying labor and
material (as hereinafter defined) in the prosecution of the work provided for in the written
contract hereafter referred to in the penal sum of $ 118,394.00 . which is the full
amount of Principars contract with the named Obligee, for the payment of which sum the
said Principal and Surety bind themselves, their heirs, executors, administrators and
successors, jointly and severally firmly by these presents.
WHEREAS, the principal has entered into a written contract dated 4-27-93 with
Obligee named, to do and perform certain construction work as provided in said contract
and the related plans, specifications, general conditions and other contract documents, all
of which are by reference made a part hereof.
NOW, THEREFORE, the conditions of this Obligation is such that if the Principal shall
promptly make payments to all claimants supplying labor and material (as hereafter defined)
in the prosecution of the work provided in said contract, the related plans, specifications,
general conditions and other contract documents, then this obligation shall be void,
otherwise it shall remain in full force and effect.
The Payment Bond is given in compliance with the terms and provisions of Article 5160 of
the Revised Civil Statutes of the State of Texas as amended by Chapter 93, H.B. 344, Acts
of the 72nd Legislature, Regular Session, approved and effective 1991
particularly Section A(b) thereof, and the claimants referred to in this bond are those
defined by such amendment to Article 5160, and this bond shall be solely for the protection
of all such claimants supplying labor and material as defined in such amendment, in the
prosecution of the work provided for in said contract, and shall be for the use of each such
claimant and one others.
The undersigned, corporate Surety, does by the execution of this Bond solemnly warrant and
represent that it is duly authorized to do business in Texas.
16 March 1993 Payment Bond Form - 1 CAA 93013.00
Executed this 5th day of May
. 19 93
Attest:
ARC IT L NI T~
SINC.
Principal
By
LAV
i FWAMI
Title
B. D u Alumbau ,
Vice President
Approved as to Form by Obligee:
WEST RICAN INSURANCE
COMP Surety
6jkA
~ i
By
By
'
. 0 fo
Day
d C
Title
Att rney-in-Fact
NOTE:
1. This bond must be payable to the awarding authority,
City of Denton as the named obligee, and it must be
approved as to form by such awarding authority.
2. This bond must be furnished before any work is commenced.
3. Surety must be a corporate surety duly authorized to do business in Texas.
4. This PAYMENT BOND must be in the FULL amount of the contract.
5. Power of Attorney from Corporate Surety should be attached to this Payment Bond.
END OF BOND
16 March 1993 Payment Bond Form - 2 CAA 93013.00
CERTIFIED COPY OF POWER OF ATTORNEY
WEST AMERICAN INSURANCE COMPANY
ADMIN6TEATIVE OMCF, HAMTON, OHIO No. 818
?Rnnfa jk11 ffltn bg Thtst 11resents: That WEST AMERICAN INSURANCE COMPANY, in pursuance
of authority granted by Article VI, Section 1 of the By-Laws of said Company, does hereby nominate, constitute and appoint:
David C. Oxford or Steve Rickenbacher or Helen Zook or
Rudolph Norris or Clinton Norris or Michele Degnon - - of Dallas, Texas - -
its true and lawful agent and morney -in-fatt, to make, execute, seal and deliver for and on its behalf as surety, and as
its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance
SIX MILLION (s 6,000,000.00-)Dollars,
excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon
And the execution of such bonds or undertakings in pursuance of then presents, shall be as binding upon said Company,
at fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly
elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above named anomey(s)-in-fact. ~ In
ders =.y Insurance ~aEnsy huWfhnun o, subscribed his~nameoandraffxed the Csaid Se l ofnthe
said West American Insurance Company this l4thlay of January 19 92.
s 1323 ve~I
STATE OF OHIO, ` Vice President
55.
the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came
John B. Vail, Via President of WEST AMERICAN INSURANCE COMPANY, to me personally known to be the
individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution
of the same, and being by me duly mom deposeth and saith, that be is the officer of the Company aforesaid, and
that the seal affixed to the preceding instrument is the Corporate Sal of said Company, and the said Corporate Seal and his
signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official
stWSt rtat Seal at the City of Hamilton, State of Ohio, t and year first above written.
♦:2.,
ti
` J. Notary Pubic to n of Bu der, State of Ohio
res
-mp My Commission =pi DAC tuber 2fi I.UE._
This power of attomey is granted under and by authority of Article VI, Section I of the By-Laws of the Company, extracts
from which read
ARTICLE VI
SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board, the President, any Vice President, a
Secretary, or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint an one or more
suitable persons as a resident Vice President or a resident Assistant Secretary, or to appoint attorneys m fact for the purpose
of signing the name of the corporation as surery or guarantor, and co execure, xr= the corporate seal, acknowledge and
deliver any and all bonds, recognizances, stipulations, undertakings or other imttuments of surety-ship or guarantee, and pol-
icies of insurance to be given in favor of an individual. Firm, corporation, or the official representative thereof or to any county
or state, or any official board or boards of any county or state, or the United States of America, or to any other political sub-
division.
This instmment is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the
Company on April 24, 1980.
RESOLVED, That the signature of any officer of the Company authorized b Article VL Section L of the By-Laws to appoint
attorneys in fact, the signature of the Secretary or any Assistant Secretary artifYying to the correctness of any copy of a power
of anomey and the se of the Company may be affixed by facsimile to any power of anomey or copy thereof issued on behalf
of the Company. Such signatures and sal are hereby adopted by the Company as original signatures and se, to be valid
and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATE
I, the undersigned Assistant Secretary of West American Insurance Company, do hereby certify that the foregoing power
of anomey, Article VI Section I of the by-laws of the Company and the above Resolution of its Board of Directors are true
and correct copies and are in full force and effect on this date.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this 5th day of May A.D., 19 93
i-`,'rve9~~~i
1923 e~ Z.
COUNTY OF BUTLER On this 14th day of January A. D. 19 92 before
SUPPLEMENTARY CONDITIONS TO THE CONTRACT
1.01 SUPPLEMENTS:
The following supplements modify, change, delete from or add to the "General Conditions
of the Contract for Construction," AIA Document A201, Fourteenth Edition, 1987. Where
any Article of the General Conditions is modified or any Paragraph, Subparagraph or
Clause thereof is modified or deleted by these supplements, the unaltered provisions of that
Article, Paragraph, Subparagraph or Clause shall remain in effect.
1.02 REFERENCE TO DIVISION 1:
Where provisions of General Conditions relate to project administrative or work-related
requirements of the Contract, some of those paragraphs are supplemented by Sections of
Division 1, "General Requirements" of the Specifications.
ARTICLE 1; GENERAL . PROVISIONS
1.2 EXECUTION, CORRELATION AND INTENT
Add the following Clause 1.2.3.1 to Subparagraph 1.2.3:
1.2.3.1 Should Drawings disagree in themselves or with Specifications and are not
clarified by addendum, the better quality or greater amount of Work or materials shall be
estimated upon and, unless otherwise ordered by Architect in writing, shall be performed
and furnished. Figures given on Drawings govern scale measurements, and large-scale details
govern small scale drawings.
Add the following Subparagraph 1.2.6 to 1.2:
1.2.6 Specifications determine nature and setting, workmanship and quality of materials;
Drawings establish the design, quantities, dimensions and details; schedules give locations.
ARTICLE 2; OWNER
2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER
Delete Subparagraph 2.2.5 and substitute the following:
2.2.5 The Contractor will be furnished, free of charge, 15 blue-line print sets of the
Drawings and 15 copies of the Project Manual. Contractor will be furnished as many
additional copies as he may require, provided Contractor pays cost of reproduction and
handling. '
16 March 1993 SUPPLEMENTARY CONDITIONS - 1 CAA 93013.00
ARTICLE 3; CONTRACTOR
3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY
CONTRACTOR
Add the following sentences to Subparagraph 3.2.2:
If a dimensional discrepancy exists, the Contractor shall take field measurements required
for the proper fabrication and installation of the work. Upon commencement of any item
of work, the Contractor shall be responsible for dimensions related to such item of Work
and shall make any corrections necessary to make work properly fit at no additional cost to
the Owner.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
Add the following sentences to Subparagraph 3.3.1:
Contractor shall bear sole responsibility for design and execution of acceptable trenching
and shoring procedures, in accordance with State of Texas HB 662 and HB 665. On trench
excavations in excess of five feet in depth, Contractor shall pay a qualified engineer to
prepare detailed plans and specifications directing Contractor in the safe execution of
trenching and shoring, unless other procedures are reviewed and accepted in writing by the
applicable authorities prior to commencing trenching work.
Add the following sentences to Subparagraph 3.3.3:
Before ordering any material or doing any work, the Contractor shall verify all dimensions
and check all conditions in order to assure himself that they properly reflect those on the
Drawings. Any inconsistency shall be brought to the attention of the Architect. In the event
that discrepancies occur between ordered material and actual conditions, of which the
Architect was not notified beforehand, costs to correct such discrepancies shall be borne by
the Contractor.
3.4 LABOR AND MATERIALS
Add the following Subparagraphs 3.4.3 and 3.4.4 to 3.4:
3.4.3 After the Contract has been executed, the Owner and Architect will consider a
formal request for the substitution of products in place of those specified only under the
conditions set forth in the General Requirements (Division 1 of the Specifications).
3.4.4 By making requests for substitutions based on Subparagraph 3.4.3 above, the
Contractor:
16 March 1993 SUPPLEMENTARY CONDITIONS - 2 CAA 93013.00
1 represents that the
substitute product a
to that specified;
.2 represents that the
substitution that the
.3 certifies that the cost
under this Contract e
for additional costs
apparent; and
.4 will coordinate the
changes as may be i
ARTICLE 4; CLAIMS AND
4.2 ARCHITECT'S
Add the following sentence to
Contractor has personally investigated the proposed
I determined that it is equal or superior in all respects
will provide the same warranty for the
would for that specified;
presented is complete and includes all related costs
the Architect's redesign costs, and waives all claims
d to the substitution which subsequently become
ion of the accepted substitute, making such
for the Work to be complete in all respects.
TION OF THE CONTRACT
4.2.3:
The Architect will have no control Qver or charge of and will not be responsible for acts or
omissions of Contractor, subcontractors, or their agents or employees, in regard to design
and execution of acceptable and appropriate trenching and shoring operations.
Add the following sentence to Subparagraph 4.2.7:
The Architect will not be responsible for reviewing or acceptance of Contractor's means and
methods for trenching and shoring ibbligations required under Paragraph 3.3.
4.3 CLAIMS AND DISPUTES
Add the following Clauses
4.3.8.3 Abnormal weather c
conditions which prevents work on
predefined critical work sequence
normal seasonal weather condition
the National Weather Service 30-5
to the precipitation days indicated.
4.3.8.4 Contractor shall
any such delay.
4.3.8.4to Subparagraph 4.3.8:
iditions not reasonable anticipated shall mean weather
e Project which have a direct effect on the Contractor's
Contractor's schedule shall take into consideration
number of precipitation days per month (as defined by
average) along with muddy site days directly related
the Architect within 5 calendar days after the start of
16 March 1993 SUPPLEMENTARY CONDITIONS - 3 CAA 93013.00
4.5 ARBITRATION
Delete Paragraph 4.5 and Subparagraphs 4.5.1 through 4.5.7, inclusive, in their entirety.
ARTICLE 5; SUBCONTRACTORS
5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS
OF THE WORK
Add the following Clause 5.2.1.1 to Subparagraph 5.2.1:
5.2.1.1 Not later than 30 days after the date of the executed Contract, the Contractor
shall furnish in writing to the Owner through the Architect the names of persons or entities
proposed as manufacturers for each of the products identified in the General Requirements
(Division 1 of the Specifications) and, where applicable, the name of the installing
Subcontractor.
ARTICLE 7; CHANGES IN THE WORK
7.3 CONSTRUCTION CHANGE DIRECTIVES
7.3.6 In the first sentence, delete the words "a reasonable allowance for overhead and
profit" and substitute the words "an allowance for overhead and profit in accordance with
Clauses 7.3.10.1 through 7.3.10.6 below".
Add the following Subparagraph 7.3.10 to 73:
7.3.10 In Subparagraph 7.3.6, the allowance for the combined overhead and profit included
in the total cost to the Owner shall be based on the following schedule:
For the Contractor, for Work performed by the Contractor's own forces, 10
percent of the cost.
.2 For the Contractor, for Work performed by the Contractor's Subcontractor,
10 percent of the amount due the Subcontractor.
.3 For each Subcontractor or Sub-subcontractor involved, for Work performed
by that Subcontractor's or Sub-subcontractor's own forces, a mutually-
acceptable fixed fee or percentage of the cost, maximum 10 percent of the
cost.
.4 For each Subcontractor, for Work performed by the Subcontractor's Sub-
subcontractors, a mutually-acceptable fixed fee or percentage of the cost,
maximum 10 percent of the amount due the Sub-subcontractor.
16 March 1993 SUPPLEMENTARY CONDITIONS - 4 CAA 93013.00
.5 Cost to which overhead and profit is to be applied shall be determined in
accordance with Subparagraph 7.3.6.
.6 In order to facilitate checldng of quotations for extras or credits, all proposals,
except those so minor that their propriety can be seen by inspection, shall be
accompanied by a complete itemization of costs including labor, materials and
Subcontracts. Iabor and materials shall be itemized in the manner prescribed
above. Where
major costs items are Subcontracts, they shall be itemized also. In no case will
a change involving over $100.00 be approved without such itemization.
ARTICLE 8; TIME
8.1 DEF NMONS
Add the following Subparagraph 8.1.5 to 8.1:
8.1.5 Claims for extension of time shall be stated in whole or half calendar days.
ARTICLE 9; PAYMENTS AND COMPLETION
9.3 APPLICATIONS FOR PAYMENT
Add the following sentence to Subparagraph 9.3.1:
The form of Application for Payment shall be a notarized AIA Document G702, Application
and Certification for Payment, supported by AIA Document G703, Continuation Sheet,
submitted in quadruplicate.
Add the following Clauses 9.3.1.3 through 9.3.1.6 to Subparagraph 9.3.1:
9.3.1.3 Until Substantial Completion, the Owner shall pay 95 percent of the amount
due the Contractor on account of progress payments.
9.3.1.4 Contractor is to submit to Architect within 15 days of execution of
Owner/Contractor Agreement proposed sample of Lien Waiver and Bills Paid affidavit
forms for review and acceptance for this Contract.
9.3.1.5 Monthly Applications for Payment shall include waivers of liens for all work
included in the previous months' application for payment. Waiver of Liens for the
subcontractors and materialmen shall be the total amount paid prior to the previous months'
application for payment.
16 March 1993 SUPPLEMENTARY CONDITIONS - 5 CAA 93013.00
9.3.1.6 With each Application for Payment, Contractor shall certify that such
Application for Payment represents a just estimate of cost reimbursable to the Contractor
under the terms of the Contract Documents and shall also certify that there are not any
Mechanics' or Materialmens' Liens outstanding at the date of this Application for Payment,
that all due and payable bills with respect io the Work have been paid to date or shall be
paid from the proceeds of that Application for Payment, and that there is no known basis
for the filing of any Mechanics' or Materialmens' Liens against the Surety in connection with
the Work, and that waivers and bills paid affidavit forms from all subcontractors and
materialmen have been or will be obtained in such form as the Owner may require.
9.5 DECISIONS TO WITHHOLD CERTIFICATION
Add the following Clause 9.5.1.8 to Subparagraph 9.5.1:
.8 failure to submit written plan indicating action by Contractor to regain time
schedule for completion of Work within the Contract Time.
9.10 FINAL COMPLETION AND FINAL PAYMENT
Add the following Clause 9.10.2.1 to Subparagraph 9.10.2:
9.10.2.1 In addition to items listed in 9.10.2 to be submitted before Final Payment will
be made or remaining retainage released, Contractor shall deliver items required by Section
01700; Contract Closeout of the Project Manual.
ARTICLE 11; INSURANCE AND BONDS
11.1 CONTRACTOR'S LIABILITY INSURANCE
11.1.1 Add the following sentence to 11.1.1 Contractor's insurance shall be placed only with
companies that have achieved at least an "A" rating with AM. Best.
11.1.1.1 Delete the semicolon at the end of Clause 11.1.1.1 and add: including private
entities performing Work at the site and exempt from the coverage on account of number
of employees or occupation, which entities shall maintain voluntary compensation coverage
at the same limits specified for mandatory coverage for the duration of the Project.
11.1.1.2 Delete the semicolon at the end of Clause 11.1.1.2 and add:
or persons or entities excluded by statute from the requirements of Clause 11.1.1.1 but
required by the Contract Documents to provide the insurance required by that Clause;
16 March 1993 SUPPLEMENTARY CONDITIONS - 6 CAA 93013.00
Add the following Clause 11.1.2.1 to Subparagraph 11.1.2:
11.1.2.1 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:
• 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 officials,
agents, employees and volunteers; or, the contractor shall procure a bond
guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
16 March 1993 SUPPLEMENTARY CONDITIONS - 7 CAA 93013.00
• 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.
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:
16 March 1993 SUPPLEMENTARY CONDITIONS - 8 CAA 93013.00
[x] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$2.000.000.00 shall be provided and maintained by the contractor. The
policy shall be written on an occurrence basis either in a single policy or in
a combination of underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current
edition) is used:
• Coverage A shall include premises, operations, products, and
completed operations, independent contractors, contractual
liability covering this contract and broad form property damage
coverages.
• Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, it shall include at least;
• Bodily injury and Property Damage Liability for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion,
collapse or underground (XCU) exposures.
• Broad form contractual liability (preferably by endorsement)
covering this contract, personal injury liability and broad form
property damage liability.
[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 the
operation and maintenance of all automobiles and mobile equipment used in
conjunction with this contract including owned, scheduled, hired, and non-owned
vehicles and employee non-owned use. Scheduled automobiles will be listed in the
Description or Remarks section of the Certificate of Insurance. (ISO Form CA 0001
Current Edition)
16 March 1993 SUPPLEMENTARY CONDMONS - 9 CAA 93013.00
[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.
Add the following Clauses 11.1.2.2 and 11.1.23 to Subparagraph 11.1.2:
11.1.2.2 Each policy of insurance listed above to be purchased and maintained by the
Contractor and each certificate of insurance for said insurance shall contain a complete
waiver of subrogation against Owner, Architect and Architect's Engineers. Each certificate
shall also list Owner, Architect and Architect's Engineers as a party insured. The immunity
of the owner shall not be defense from the insurance carrier.
11.1.23 Contractor shall not commence work at the site under this Contract until he
obtained all required insurance and submitted appropriate certifications.
Add the following sentence to Paragraph 11.1.3:
If this insurance is written on the Comprehensive General Liability policy form, the
Certificates shall be AIA Document G705, Certificate of Insurance. If this insurance is
written on a Commercial General Liability policy form, ACCORD form 25S will be
acceptable.
11.3 PROPERTY INSURANCE
11.3.1.1 Add the following sentence to Clause 11.3.1.1:
The form of policy for this coverage shall be Completed Value.
Delete Clause 11.3.1.4 and substitute the following:
11.3.1.4 The Contractor shall provide insurance coverage for portions of the Work
stored off the site after written approval of the Owner at the value established in the
approval, and also for portions of the Work in transit.
11.4 PERFORMANCE BOND AND PAYMENT BOND
Delete Subparagraph 11.4.1 and substitute the following:
16 March 1993 SUPPLEMENTARY CONDITIONS - 10 CAA 93013.00
11.4.1 The Contractor shall furnish bonds covering faithful performance of the Contract and
payment of obligations arising thereunder. Bonds may be obtained through the Contractor's
usual source, under the conditions listed below, and the cost thereof shall be included in the
Contract Sum. The amount of each bond shall be equal to 100 percent of the Contract Sum.
11.4.1.1 The Contractor shall deliver the required bonds to the Owner not later than
three days following the date the Agreement is entered into, or if the Work is to be
commenced prior thereto in response to a letter of intent, the Contractor shall, prior to the
commencement of the Work, submit evidence satisfactory to the Owner that such bonds will
be furnished.
11.4.1.2 The Contractor shall require the attorney-in-fact who executes the required
bonds on behalf of the surety to affix thereto a certified and current copy of the power of
attorney, indicating the monetary limit of such power.
11.4.1.3 Provide each bond on the form provided in the Project Manual.
11.4.1.4 No sureties will be accepted by the Owner who are now in default or
delinquent on any bonds or who are interested in any litigation pending against the Owner
during the term of this Contract. All bonds shall be executed by a corporate surety
authorized to do business in the applicable jurisdiction of this Project. The surety upon any
bond furnished in connection with this Contract shall be by a company holding a certificate
of authority as an acceptable surety on Federal Bonds and as acceptable reinsuring company
listed in the Federal Register of the Department of Treasury's latest annual edition of surety
companies. The surety company or companies furnishing the surety bonds for this Contract
must show a Department of Treasury underwriting limitation not less than the total amount
of the Contract. Each bond shall be executed by the Contractor and the Owner. Should any
surety be determined unsatisfactory at any time by the Owner, notice will be given to the
Contractor, and the Contractor shall immediately provide a new surety (complying with
Article 11) acceptable to the Owner and at no additional cost to the Owner. This Contract
shall not be valid nor will any payments be due or paid until approval of each bond by the
Owner.
ARTICLE 12; UNCOVERING AND CORRECTION OF WORK
12.2 CORRECTION OF WORK
Add the following Subparagraph 12.2.7 to 12.2:
12.2.7 Owner shall have the right to operate equipment until defects are corrected and
warranties met, and shall have the right to operate rejected equipment until it is replaced
without charge for depreciation, use or wear.
16 March 1993 SUPPLEMENTARY CONDITIONS - 11 CAA 93013.00
ARTICLE 13; MISCELLANEOUS PROVISIONS
13.1 GOVERNING LAW
Add the following Subparagraph 13.1.2 grid 13.1.3 to 13.1:
13.12 Under the provisions of the applicable Statutes of the
State of Texas, Contractors and subcontractors shall forfeit (as applicable) as a penalty to
the entity on whose behalf the Contract is made or awarded, Ten Dollars ($10.00) for each
laborer, workman or mechanic employed, for each calendar day, or portions thereof, such
laborer, workman or mechanic is paid less than the said stipulated rates for any work done
under the Contract, by him or by any subcontractor under him.
13.1.3 The general prevailing rate of per diem wages shall be the wage rate in accordance
with the schedule as published by recognized industry organizations. The Contractor shall
attach the schedule to the Contract when presented for signature.
Add the following Paragraph 13.8 to Article 13:
13.8 EQUAL OPPORTUNITY
13.8.1 The Contractor shall maintain policies of employment as follows:
13.8.1.1 The Contractor and Contractor's Subcontractors shall not discriminate against
any employee or applicant for employment because of race, religion, color, sex or national
origin. The Contractor shall take affirmative action to insure that applicants are employed.
and that employees are treated during employment without regard to their race, religion,
color, sex or national origin. Such actions shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth the policies of non-
discrimination.
13.8.1.2 The Contractor and the Contractor's Subcontractors shall, in all solicitations
or advertisements for employees placed by them or on their behalf, state that all qualified
applicants will receive consideration for employment without regard to race, religion, color,
sex or national origin.
ARTICLE 14; TERMINATION OR SUSPENSION OF THE CONTRACT
Add the following Paragraph 14.4 to Article 14:
16 March 1993 SUPPLEMENTARY CONDITIONS - 12 CAA 93013.00
14.4 TERMINATION BY THE OWNER FOR CONVENIENCE
14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience
and without cause.
14.4.2 Upon receipt of such written notice from the Owner of such termination for the
Owner's convenience, the Contractor shall:
.1 Cease operations as directed by the Owner in the notice;
.2 Take actions necessary, or that the Owner may direct, for the protection and
preservation of the Work; and
.3 Except for Work directed to be performed prior to the effective date of
termination stated in the notice, terminate all existing Subcontracts and
purchase orders and enter into no further Subcontracts and purchase orders.
14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be
entitled to receive payment from the Owner on the same basis provided in Subparagraph
14.1.2.
Add the following Article 15 to the General Conditions of the Contract in its entirety:
ARTICLE 15; ADDITIONAL CONDMONS FOR LIQUIDATED DAMAGES
15.1 CONTRACTUAL PROVISIONS
15.1.1 It is hereby understood and mutually agreed, by and between the Contractor
and the Owner, that the date of beginning and the time for completion as specified in the
Contract of the Work to be done hereunder are essential conditions of this Contract; and
it is further mutually understood and agreed that the Work embraced in this Contract shall
be commenced on a date to be specified in the "Notice to Proceed".
15.1.2 Contractor agrees that said work shall be prosecuted regularly, diligently and
uninterruptedly at such a rate of progress as will ensure full completion thereof within the
time specified. It expressly understood and agreed, by and between the Contractor and
Owner, that the time for the completion of the Work described herein is a reasonable time
for completion of the same.
15.1.3 If the said Contractor shall neglect, fail or refuse to complete the Work within
the time indicated by the Bidder in this proposal, or any proper extension thereof granted
by the Owner, then the Contractor does hereby agree, as a part consideration for the
awarding of this Contract, to pay to the Owner the amount specified in the Contract, not
as a penalty but as liquidated damages for such breach of Contract, as hereinafter set forth,
for each and every calendar day that the Contractor shall be in default after the time
stipulated in the Contract for completing the Work.
16 March 1993 SUPPLEMENTARY CONDMONS - 13 CAA 93013.00
15.1.4 The said amount is fixed and agreed upon by and between the Contractor and
the Owner because of the impracticality and extreme difficulty of fixing and ascertaining the
actual damages the Owner would in such event sustain.
15.1.5 . It is further agreed that time i of the essence of each and every portion of this
Contract and of the Specifications wherein a definite and certain length of time is fixed for
the performance of any act whatsoever, and where under the Contract an additional time
is allowed for the completion of any work, the new time fixed by such an extension shall be
of the essence of this Contract. Provided, that the Contractor shall not be charged with
liquidated damages or any excess costs when the delay in completion of the Work is due:
1 To any performance, priority or allocated order duly issued by the
Government.
.2 To unforeseeable cause beyond the control and without the fault or
negligence of the Contractor, including but not limited to, acts of God,
or of the public enemy, acts of the Owner, acts of another contractor
in performance of a contract with the Owner, fires, floods, epidemics,
quarantine restrictions, strikes, freight embargoes, and severe weather.
3 To any delays of subcontractors or suppliers occasioned by any of the
causes specified in subsections of this Article.
15.1.6 Provided, further, that the Contractor shall, within 10 days from the beginning
of such delay, unless the Owner shall grant a further period of time prior to the date of final
settlement of the Contract, notify the Owner in writing of the cause of the delay, who shall
ascertain the facts and extent of the delay and notify the Contractor within a reasonable
time of its decision in the matter.
15.1.7 The Contractor hereby agrees to commence work under this Contract on or
before a date to be specified in a written "Notice to Proceed" of the Owner and to fully
complete the project on or before the time indicated by the bidder's proposal. The
Contractor further agrees to pay, as liquidated damages, the sum given below for each
consecutive calendar day thereafter as hereinafter provided in Article 15 of the
"Supplementary Conditions of the Contract for Construction".
Calendar days Substantial
Agreed damages per day Completion is delayed
$200.00
beyond midnight of Contract Date:
July 17, 1993
15.1.8 Contractor and Owner agree that should Contractor further fail to achieve
Final Completion of the Contract more than 15 calendar days after the Date established for
16 March 1993 SUPPLEMENTARY CONDMONS - 14 CAA 93013.00
Substantial Completion, Owner shall continue to be damaged to a lesser degree, by such
delay. Contractor and Owner have estimated and agreed upon the amount of damages for
each calendar day Final Completion is delayed beyond 15 calendar days after the date of
Substantial Completion shall be as follows:
$100.00
Calendar days Final
Completion is delayed after
achieving Substantial Ca=letion
beyond midnight of Date
15 calendar days after
Substantial Completion.
15.1.9 Contractor agrees to pay to Owner upon the demand the total damages due
for any such delay (calculated using the per diem damage figure described) as liquidated
damages and not as a penalty. Such damages shall be cumulative and not in lieu of any
other rights or remedies of Owner against Contractor as a result of any breach by
Contractor hereunder.
END OF SUPPLEMENTARY CONDITIONS
16 March 1993 SUPPLEMENTARY CONDMONS - 15 CAA 93013.00
BID FORM
SUBMITTED BY Architectural Utilities, Inc.
(Name of Bidder)
300 West Ramsey, Fort Worth. Texas 76110
(Address)
Dear Sir:
The undersigned, having examined the drawings, specifications, related documents, and the
sites of the proposed work, and being familiar with all of the conditions surrounding the
work, including the availability of materials and labor, hereby proposes to furnish all labor,
materials, and equipment required for General Construction and Renovation of the Martin
Luther King, Jr. Recreation Center in accordance with the drawings and project manual
prepared by Corgan Associates, Inc., Architects, for the lump sum BASE BID amount of:
BASE BID: Nintyseven thousand three hundred and fortyfour dollars 00/00
Dollars($ 97,344.00
Note: Amount shall be shown in both words and figures. In case of discrepancy, the
amount shown in words shall govern.
Note: The above amount does not include State of Texas Sales Tax
The undersigned affirms that the above stipulated base bid sum represents the entire cost
per drawings, specifications, and addenda and that no claim will be made on account of any
increase in wage scales, material prices, taxes, insurance, cost indexes, or any other rates
affecting the construction industry and/or this project
Should the undersigned fail to deliver the signed Contract or the required Bonds within the
10 day period, the Bid security accompanying this Bid will be forfeited to the Owner as
liquidated damages.
Alternates: The undersigned agrees to the following additions or deductions from the Base
Bid Sum if the listed alternates itemized below are accepted by the Owner. Alternate prices
include all variations in profit, overhead, bonds, insurance and similar related items, and
represent the total cost to the Owner for each Alternate.
lam"' 16 March 1993 Bid Proposal Form - 1 CAA 93013.00
Date: April 6,. 1993
Name of Firm Architectural Utilities, Inc.
Organized as a: (Mark one)
Proprietorship
Partnership
Corporation Texas
Under the law of the State Of. Texas
Legal Address: 300 West Ramsey
Fort Worth, Texas 76110
(Date)
April 6, 1993
Telephone No. 817=926-4377
If Bid is by a corporation, affix seal above address.
END OF BID FORM
1- IrWirk,61tI L
(214) 691-5721 FAX 691-4961
Southwest Assurance Group, Inc
9400 N. Central Ezpwy., #1550
Dallas, T% 75231-5044
5/ 5/1993
THIS CERTIFICATE HI ISSUED AS A NATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
A TRANSCONTINENTAL INS. CO.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT
OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES
DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
. . . . .
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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PROJC RENOVATION OF NLK RECREATION CENTER,DENTON,T%. BLANKET ADDLL
INSURED END ON GEN.LIAB. ADDLL INSURED END. TO CERTIFICATEHOLDER ON
AUTO. WAIVER OF SUBROGATION IN FAVOR OF CERTIFICATEHOLDER ON WORK
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF DENTON EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
PURCHASING DEPARTMENT MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
1300 WILSON STREET LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
DENTON, TEXAS 76205-6269 r LIABILITY OF ANY HIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
I
AM M
EXHIBIT "A"
Awl ARCHITECTURAL UTILITIES, INC.
GENERAL CONTRACTORS
300 WEST RAMSEY
P.Q. 80X 11588
FORT WORTH, TX 78110
817.628-4377
429-8191 METRO
817-828-4387 FAX
P" Cov= SSELfT
DAT$;
rose ICtr;K 4
ssserr ro FAS No.:
FWK: t?ovy
NO. OF PAGES:
0
I q 7s
4 go
505
~ I ~m b
z~. X39
' Proposal (Proposal No. 01
Sheet No.
ARCHITECTURAL UTILITIES, INC. EXH I B I T"A"
GENERAL CONTRACTORS
300 WEST RAMSEY 8$7-9261377 ~~'~`~nF. f+'^(. f
F.O. BOX 11366 METRO 429.8193
FORT WORTH. TX 76110 FAX 617-926-4387
Date Sept. 23, 1993
Proposal Submitted To
Work To Be Performed At
Nam Constructors & Associates
Street Bank One - Colorado Blvd.
Street 5601 Bride Street
qty Denton State Texas
C-,, Fort Worth
Date of Plans 9/13/93
Stat Texas
Archite l;andeon-,--inc.
Telephone Number 817/654,0970
14pt-s5A" . Clc-"
We hereby propose to furnish all the materials and perform all the labor necessary for the completion of "
240 LF - 8" SDR 35 Sane Sewer r,. -r- I -
100 LF - 8" CL 51 Ductile Iron
/ _ p,,,
100 LF - Bore or 8' Sanitary Sewer
3 each - Diameter Sewer Manho e
1 Lump um Parking Lot Repair
y
Prc..v r. J
Excludes: Bond, ui t ost.
We will requir 30 calendar days to fully ccaplgEeIa~ work.
All material is guaranteed to be as specified,'and the above work to be performed in accordance with the drawings
and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of
Twenty six thousand three hundred thirty nine ------------Dollars 13 26,339.00
1.
With payments to be made as follows:
Any alteration or deviation from above specifications involving extra casts, will be executed only upon written orders, and will
become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our
control. Owner to carry fire, tornado and other necessary insurance upon above work. Workmen's Compensation and Public
Liability Insurance on above work to be taken out by
a1 fltilitipa, Tn~-
Respe Tysi
i
Per
lft%
n-1A
Al ug Vice President
t!d
Note-This proposal maybe withdrawn by us if nat accep
within 30 days
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are outharized to do the work as
specified. Payment will be made as outlined above.
Accepted signature_ '
Date Signature
PA
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