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1992-206 ORDINANCE NO. ~ 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 ~. 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- lng the lowest responsible bids: ~ CONTRACTOR AMOUNT 1429 FLOYD SMITH $96,500.00 ~. That the acceptance apd 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. ~. 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 B~dders and Bid Propos- als, and documents relating thereto specifying the terms, condl- tlons, plans and specifications, standards, quantities and speci- fied sums contained therein. ~. 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 b~ds and authorized contracts executed pursuant thereto. S CTI_~. That thls ordinance shall become effective mediately upon its passage and approval PASSED AND APPROVED th~s the~'~aY of ~ 1992. / JENNIFER WALTERS, CITY SECRETARY ED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY DATE DECEMBER 8, 1992 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V. Harrell, City Manager SUBJECT' BID #1429 - CDBG SIDEWALK REPAIR PROGRAM RECOMMENDATION. We recommend this bid be awarded to the low bidder, Floyd Smith in the total amount of $96,500 00 SUMMARY: This bid is for all materials and labor to repair approximately 9000 linear feet of sidewalks in various areas of Denton (Please see attached Memorandum from Jerry Clark, February 26, 1992) BACKGROUND: Tabulation sheet, Memorandum Barbara Ross November 20, 1992 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Community Development and the Citizens of Denton Utlhzlng these areas FISCAL IMPACT: Commurnty Development Block Grant Funds Sidewalk Repair Program account # 219-057-CD76-8502, Balance of account $105,499 66 /~ R~espectfu, lly submltt~ed ~Lloyd V ~ City Manager , Prepared by' Title Senior Buyer Approved. ~~" Name TomD Shaw, C P M Title Purchasing Agent agenda 313 BID # 1429 BID NAME CDBG SIDEWALK REPAIR PRO(}RAM LARRY MANNING FLOYD GLENN SMITH OPEN DATE NOVEMBER 12t 1992 # QUANTITY DESCRIPTION VENDOR VENDOR TOTAL AMOUNT $98,750 00 $96,500.00 BOND YES YES PURL,,' ", ,v,, Commumty Development Off~ce 105Y~ West H~cko~ Street Denton, Texas 76201 4115 C~ Of D~O~ T~ (817)383 7726 MEMORANDUM DATEs November 20, 1992 TOs Tom Bh&w, Purchasing Agent FROM: Barbara Ross, Community Development Administrator SUBJECTs Community Sidewalks/Bid #1429 Based on the recommendation of David Salmon, the Community Development office would like to accept the bid of Floyd Smith for the Community Sidewalks project. Mr. Smith's bid of $96,500 was iow bid on the project Please schedule the b~d for City Council approval as soon as possible. Call me at extension 7235 if you have any questions or /n~daddltlonal information. Thank you Barbara Ross xc: David Salmon, Sen~or civil Engineer "Dedtcated to Quahty Serwce" CITYofDENTON~'EXAS MUNICIPALBUILDING / 215E McKINNEY / DENTON, TEXAS76201 H.EMO[~'~,i'D UM DATE February 26, 1992 TO Barbara Ross, Community Development Coordinator FROM Jerry clark, Director of Engineering & Transportation SUBJECT. Sidewalk Repair Cost Estimates - Priority Last Quadrant #1 Bryan - Oak to Scripture 1,056 LF 1.640 LF Normal - Oak to scripture 2,696 LF 2,696 LF = 1,198 SY Quadrant #2 Frame - Mingo to Grove 300 LF Vine - Grove to Texas 890 LF Fowler - Peach to Forrest 408 LF Palmer - Peach to Forrest 488 LF 2,086 LF 2,086 LF = 927 SY Quad=ant #3 Prairie - Bernard to Ave A 150 LF Jacqueline - Parvin to Willowwood 200 LF Westwood - Parvin to Willowwood 60 LF Locust - Eagle to Mulberry 528 LF Stroud ~ carroll to Elm 1.056 LF 1,994 LF 1,994 LF = 886 SY Quadrant $4 Robertson - Bell to Jackson 45 LF Wainwright - Sycamore to Prairie 685 LF Oak - Austin to Bell 808 LF Industrial - Hickory to Sell 405 LF Alegra Vista - Dallas Dr to End 212 LF 2,155 LF 2,155 LF = 958 SY AEEOOODC P - 4 817/566-8200 D/FW METRO 434-2529 f e;~- i!.U~ CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON S 5 THIS AGREEMENT, made and entered into this 8th day of DECEMBER A.D., 19~, 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 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: RTn i 1429 - CDBG SIDEWALK REPAIR PROGRAM in the amount of $96,500.00 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 F.1ITr.TNRF.RING STAFF , ~~~ ~~ wh~cn are made a p~rt hereof and collec~ively eVIdence and constitute the entire contract. Indeoendent 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. /l.TTEST: L - ~ ~/~" 1/ ~~ ~~ cZ'l' cy,~f1/uJ/J'~ CITY OF ~ ::NEf: . ~-~ . (SEAL) ATTEST: FLOYD SMITH :"o/v ~ Tit (SEAL) APPROVED AS . . /" CA - 3 PERFORMANCE BOND STATE OF TEXAS s COUNTY OF DENTON '5 KNOW ALL MEN BY THESE PRESENTS: That , of the city of , and State of FLOYD SMITH County of OF.mmllT as PRINCIPAL, and DENTON TEXAS Universal Sutetv 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 NINTY-SIX THOUSAND FIVE BUNDRED and nn/100---------------------------- Dollars ($ 96.500.00 ) 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 8 day of DECEMBER , 19R.., for the construction of BID it 1429 - CDBG SIDEWALK REPAIR PROGRAM in the amount of $96,500.00. .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 PROVIDED FURTHER, that if any bond, venue shall lie in DENTON Texas. legal action be filled upon this County, state of Surety, for value received, stipulates and agrees that no ~h~.lno ~V-~M~~~n ~~ ~~~e ~,-o-~~:_~ ~r add'tic~ -0 tne ~ -~s _~ ,-..~l '-j-! _A'__....,;:.:......! ""'_ _.....~1 I ~-'-'--_\.....I...''''.. _ _ .... .. '- ,j, ~ :_.u ...._ 1:ne contrac~, or to the work periormed 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 14 day of December 19-2... Floyd Smith BLrNU' Title ~~ Universal Surety of America Surety Address: P.O. Box 1781 Address: 950 Echo Lane Suite 250 Denton. Texas 76202 Houston. Texas 77024 .....:" (SEAL) (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 CC:::;:-:: OF DENTON s s KNOW ALL MEN BY THESE PRESENTS: That FLOYD SMITH of the City of DENTON County of DENTON , and the State of 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 NINTY-SIX THOUSAND FIVE BUNDRED AND no/100----- Dollars ($ 96,500.00 ) 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 8 day of DECEMBER TF.XAH , 19-E-. BID it 1429 - CDBG SIDEWALK REPAIR PROGRAM in the amount of $96,500.00. 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 c~ J~Y ~~cn ~ha~;s, ex~enSlcn of t~~e, al~eratio~ or ~ddi~~on :0 1:he cerms of 1:he contracc, or to che work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 14 day of December 19-2L. Floyd Smith Principal By Universal Surety of America Surety Title ~ T!tletl/:L Address: P.O. Box 1781 Address: 9 so Echo Lane Suite 250 Denton, Tx. 76202 Houston, Texas 77024 '-: '- (SEAL) (SEAL) -.-: -- - The name and address of the Resident Agent of Surety is: Ramev King & Minnis 101 S. Locust Suite 707, Denton, Tx. 76201 PB - 4 MAINTENANCE BOND THE STATE OF TEXAS 5 COUNTY OF DENTON S 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 NINE THOUSAND SIX BUNDRED FIFTY and noj100-------- Dollars ($ 9.650.00 ), 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 BID it 1429 - CDBG SIDEWALK REPAIR PROGRAM 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 ccntract ,'i~.:l cn.:.s ~ond. 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. as IN WITNESS WHEREOF, the Contractor and Principal, said has Flovd Smith caused these presents to be executed by Floyd Smith and the said Universal Surety of America as surety, has caused these presents to be executed by its Attorney-in-Fact James E. King and the said Attorney-in-Fact has hereunto set his hand this 14 day of December , 19 92 SURETY: PRINCIPAL: Universal Surety of America ~. BYo j ~ L L ~L' Attorney-in-F ~ MB - 2 UNIVERSAL SURETY OF AMERICA 950 Echo Lane, Suite 250, Houston, Texas 77024 Bond No. 69S-11 07 Por verification of the authority of this power you may telephone (713) 722-4660. GENERAL POWER OF ATI'ORNEY - CERTlmD copy Know All Men by TMse Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly Dr8an1zed and existinS under the laws of Ihe Slate of Te.... alld havin8 its principal office in Houston. Te.a, does by these presenta make, constitute and appoint James E. King ilS lnIe and lawful Attomey(s)-in-Pact, with full power and authority hereby conferred in lIS name. place and stead, 10 e.ecute. acknowledge and deliver bonds for: Principal Obligee Amount Flovd O. Smith dha Flovd Smith Concrete ConlraclOr Citvof Denton. T~1I:RI1; 96.500.00 Md 10 bind the CompMY thereby a fully Md to the same exlent a if such bonds were signed by the President. sealed with the corporate seal of the CompMY and duly attested by its Secretary. hereby ratifying and confinning all that the ,aid Attorney(s)-in-Fact may do within the above 'laled limitations. Said appoinlmenl is made under Md 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 II Resolved. that the President. any Vice President, Secretary Dr any Assl'tant Secretary ,hall be and is bereby vested with full power and authority to appoint anyone or more suitable persons as Attomey(s)-In-Fact to represent and act for and on behalf of the Company." "RESOLVED thst the signature of any officer of the corporation, and the ,eal of the corporation may be affi.ed or printed by facsimile to any power of attorney of the corporation, and that ,uch printed facsimile signature and seal ,hall be valid and binding upon the corporation." In WlllUss Wh.",o/. Unlver",,1 Surety or America bas caused these presenls 10 be slgnod by lis President, Jobn Knox, Jr. and lis corporate ..al 10 be berelo anlxed ibis 15lb day of Oclober . A.D., 19.J!!!.... State or Te.as :::'~CA President ss: County of Harris On tbls 15th day or Oclober ,In the year .J!!L., berore me Wendy W. Stuckey a notary public, perlODally appeared John Knox, Jr. personally known 10 me 10 be the person wbn ..eculed Ibe wltb"t "..trumenl as President, on bebatt of the corpora- tion Ibereln named and acknowledged 10 me that the corporation execuled It. ~ W. St;;.<~~ . Notary Public GIVEN under my hand and the s.sl of said Company. at Houston, Te.a" this 14 day of December . 19~. ~A~7 Secretary CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. rt 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. rf 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 obliqations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVrSrONS: 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 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 reapec;t to the C1ty, 1ta officials, agents, employees and volunteers; or, the CI - 1 contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. o Liability pOlicies shall be endorsed to provide the :..;.:.....o'..;:....~: 00 Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. 00 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 prior written notice of cancellation, reduction in coverage. thirtY(30) days non-renewal or 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 REOUIREMENTS: 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: CI - 2 [X] General Liabilitv Insurance: General Liability insurance with combined single limits of not less than 500,000 shall be provided and maintained by the ccm:ra:::-::cr. The policy Sh.3ll oe written on an OCC'..lr::'sr.':~ basis either in a single policy or in a combina~ion 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 Liabilitv 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 Comoensation 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 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 t~e Na=ed Insurad. CI - 4 '. Nar:ne and Addre.. of Agencv: Ramey King & Minnis 101 S. Locust Suite 707 Denton, Tx. 76201 Phono 817-382-9691 City of Oenton Reference: Project Name: Project No.: Project Location: Managing Oept: r.nR~ Sidewalk Repairs Name and Address of Insured: Flovd Smith P.O. Box 1781 Denton , Tx. 76202 Phone Companies Affording Coverage: A 'T'rinitv B C This is to certify thilit: 1) Policies of insurance listed below have been issued and at. in forc8 at this time. additional insured .8 to all applicable coverage. Company Letter 2) The City of Danton i. listed IS an A Type of Insurance Comprehensive Gene,al Uabillty . Occurrence Policy Number Expiration Date Umitl of Uobility In Thoulondl (000) GLA7474918 5/1/93 Occurrence . Claims Made (s.. '4-Page CI-4) Bodily Injury Property Damage s s Broad Form to Include: . PremIses/Operations . Independent Contractors - Products/Completed Operations . Personal Injury . Contraotull Uability (S.. #3,PIgo CI.4) - Explosion and Collapse Hazard - Underground Hazard - Uquor Uability Coverage . Firo Logll Uability (100 #S'PIgo CI.4) ;_!!~!~!2L~~!2f!~_~!~!i!_______________ . Professional Errors/Omissions - occurrence . cloims mado (SOl #4-PIgo CI.4) Comprehen.ive Automobile Uability . Owned/Leased Automobile. - Non-owned Automobiles . Hired Automobiles Bodily Injury Ind Proporty Damage Combined s 1,000 ----------- --------- --------------------. ----------- A WC8273085 5/1/93 Bodily Injury/PorIon $ .!"2l'YJ!!~~.::!.~_____. 2.________ !.!2e!~.!'-...~'!2!._______.ti-------- Bodily Injury/Proporty Damlgo Combined $ Statutory Amount $ 100 - Work....' Comp.n.ation and Employ....' Uabillty each accident - Own....' Prot.odve Uability $ Other Inlurance O..cription of Op.rationlllocationINehlcl... Each policy shan require thirty (30) days notice of cancellation, non-renewal, or material change in coverage. (See '2. Page CI-4). Name and address of Certificate Holder. CITY OF DENTON. TEXAS PURCHASING AGENT 901.B TEXAS STREET DENTON. TEXAS 76201 "72;: "" ~. ~~D o SENT A TIVE SEE DEFINITIONS ON PAGE CI.4 ATTACHED AAA007BF CI- 5 \iJ:n Ilrl"'" E; VI" .niIVrvon.... GI ALLSTATE IHSURANCECOMPANY 0 AlLSTATEINOEMNfTY COMPANY 0 ALLSTATE TEXAS LLOYD'S THl8e&R'11f1QATE I8IS$Ul!O AllAWAT1'EROF INFORMATION OHI.Y ANOCONFERS NO RIGHl$ UPON THE ceR'l'U=ICATE HOlOER. THlSCERTIFI. CATE DOaI NOT AMENIl. EXTVlD OR ALTER nlE CCNEltAGE AFFOADeO 8YTH1l POLICIES as.ow. CElmFICAtE HOUlEll , NAIlED lN8lI1IED N_ and Adm... 01 PAlIY \0 Whom II1Is CerIIflolllels 1MIMd -..-.- _andAddr...of_ed .....-_.~-. City of DeDtOD its Officials, Agents FloJcl S.ith Employees and Volunteers as additional P 0 Boa 1781 insureds = PcDton, Ta. 76201-1781 Thl. ItlIO certify lhal polio... of Inaure""" Ulled tlelow have bHn I_ad to III. !Mutad named above subject 10 I'" nplraUon dale Irldlcalad belOW, notwllhtlandlnO ""V reqult_. lerm 01 eolllllllon 01 ""V conl,eeI or oIhar doCumenl willi -' to wllloh Ihf. _tllleato mev tlel..ued 0' may pertain. ""'''au,.noe .flOIdecI by 111. polIcl.. d_'lbeCllI....n II aUOject 10 &111M terma. ..._. and condlUona of luob pOlIo,", TYpe OF INSURANCE ANll LIMITS COlIIlIIEllClALGEHI:IIAL L...ILITY =.. IJInII GENERAL AGGREGATE LIMIT fOIl1etlhan Ptoduc:II- eoni....lad OllerIItlonaI I'ROOllC'T$ - COMPLETED OPERATIONS AGGRl!IUITE LIMIT peASONAl.AND AOVERTlSlHG INJURY LIMIT EACH LIMIT PttYIICAL GAMAGE UMIT MEDICAL EXPEH8Il UMIT WORICEIlI" COMPINIATION. EMPl.OYIIlI'LIUlLITY EIlaClIv. Dal. explr.tion O.le Amould $ S $ . $ S .-'--- ..-- ----.- PolICy 101_ Elleoll.. Data UlIIlI. ANYONE~___. AAYONEPERSON Explr.\IOn Dale EMPLO'r'EAIl' LIASIUTY STATUTORY _~hIleeOftIv In the folloW"" a1.te., IlOOlLY INJURY IY ACClDiN'f IlOOILY INJURY IY 0I8iA8E IlOOILY INJURY BY lll8EASE ::... 49-603074 --....... WOAKERlI' 8SPECftD AUlOS . EACH AOCIOENT S ~..- EACH EMPLOYEE ~ .~: j . POUCY LiMIT :".. 06-11-92 ~:1II10<l 06-11-93 -, ......~--,-_.'. lJmlla _ _' _._.__... . H1MIlMllOS ~Ol IIOIlIl.Y INJURY & PAQIlERTY no..-. ..:m.ooo...- I EACH ACCiDENT.' ~ . HON.(MNEO AUTOS "II UIIlIIa AUTOMOBILE UAllUTY ~-"1Ia [J OWNEOAIJTOi ClA/IY AlITO . O'fHER\llhoW tVpe of PoUovl 0:lWlIt0 PRIVATE PASSflIGEll AUlOS ClOwlIl!O AII10S O1'HEll TIWl Plll'/ATE MSSalGE/I UMlRlUALWllUTY ~~ EACHoceul\flalCE I GENEIW.AGGAMA.T~ I $ PolICy Number Is . ~....-...... !.~:!';'(:'~~\ ~_._...._.... . ACCIDENT Effec''''' EllplratlOll Dale 0&\8 ..---.--. I PROIllJCI'S _ COMPLETED OPERATIONS AGGREGATE Is -..., EllectIw Expiration ~~ Pat. ---...-.- ..... _.___M_______..__ ... DESCRIPTION OF OPERATIOHSIlOCAT1ONSIVetllOLESlRiSTRlCTlOHSISPEClALITEMS C:::::._ 30 It ) _" 0"\1. J..... Q .a.- _._ 'E:'16~2 J. - - _anyo'l/Ieabo""_P6llcleabecancalled bel.". lM..pll.IIonGal......INUl"ll_nV wlq_vor to mall wllhln lhe......bOlO! c1aylenllllCl aboW. Wfnlenno*", 10 Ul8,*lIIIQa\8__'- ........lfUI f_'~_'_ noli""...'" ""__",,lloallonorllabllllyof .ny I<lnd UOOlI t/Ia oon~ II..... or r..-.uve.. U1GYW ."- 817 566 5942 ~,OO~ ** TOTAL PAGE,OO: DEe 17 '92 15'09 DEFL.'iITIONS 1. ADDITIONAL INSURED: The City of Denton, appointed officials, officers and employees. apply to Worker's Compensation.) its elected and (This does not 2. NOTICE OF CANCELLATION: Each policy shall require that thirty (30) days prior to the cancellation, non-renewal, or any material change in coverage, a notice thereof shall be given to owner by certified mail. If the policy is cancelled for non-payment of premium only ten (10) days written notice to owner is required. 3. CONTRACTUAL COVERAGE: (Liability assumed by contract or agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverse side of this Certificate of Insurance under Comprehensive General Liability, must include a definition of coverage broad enough to provide coverage for obligations assumed by the contractor in the referenced contract. This Certificate of Insurance is provided as required by the governing contract. 4. CLAIMS MADE POLICY FORM: Required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract, plus one year (to provide coverage for the warranty periOd), and a extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period. 5. FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteration of city-owned or leased facilities). Insurance is to cover buildings, contents (where applicable) and permanently installed equipment with respect to property damage to structures or portions of structures if such damage is caused by the peril of fire and due to the operations of the contractor. Limit of liability is to be a minimum of $500,000. 6. OWNER: The term owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual members, employees, and agents thereof in their official capacities, and/or while acting on behalf of the owner. CI - 6 '. BID SUMMARY TOTAL BID PRICE IN WORDS Ninty-six thousand five hundred and no/l00------------------------------------ " 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. l1'ln)'rl Smi th ::~wr ! P () Knx 17R1 street Address ncnrrm, Tj::l.Y.::l~ City and State Seal & Authorization (If a Corporation) 7/;:>07 Un 7) 565-0114 Telephone ~ B-1 ~J~G Sidewalk ReDair Proaram BID NO. PO NO. 14~9 BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PR1:CE TOTAL II , I .3.1 Preparacl.on of Right-or- LS LS S '2fllJ.W LS S 2,CXXl.00 Way 1.21 Contractors Warranties LS LS S '323J.WLS S 3,250.00 and Understandings 3-C Removing Concrete 3,970 SY S 4.5YSY S 17,865.00 Sidewalks 8.3-A Concrete Sidewalks 3,970 SY S 18.00/ SY s 71,4ro.00 8.3-A.l Handicapped Ramps 5 EA S 22'i.r:rIEA S 1,125.00 SP-39 Project Signs 1 EA S .lX).<X}'EA S .:m.00 8.1 Barricades, Detours and LS LS S '3:JJ.ro LS S '3:JJ.OO Warninq Siqns TOTAL S %.'3:JJ.00 P - 3