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1992-101AN 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 1366 FLOYD GLENN SMITH $12,901.00 1374 BOYD EXCAVATION $13,180.00 1388 SOUTHWEST INDUSTRIAL CONSTRUCTORS $138,636.00 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 appr.~. PASSED AND APPROVED this the~.~ day of ~ ,1992. BOB CASTLEBERRY, MAY~ ATTEST: JENNIFER WALTERS, CITY SECRETARY AP~ )~D A~TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY Page 2 DATE: JUNE 23, 1992 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1366 - WILSON STREET SIDEWALK IMPROVEMENTS RECOMMENDATION: We recommend this bid be awarded to Floyd Glenn Smith Contractors in the amount of $12,901.00. S~RY: This bid is for the sidewalk improvements along Wilson Street from Bradshaw Street to Ruddell, a distance of 1310 feet. The bid includes all labor and materials as well as compliance with all U.S. Department of Housing and Urban Development Regulations for Community Development Block Grant Contracts. Only one bid was received from thirty four (34) notices mailed. The bid price was below our engineers estimates for the project and Floyd Glenn Smith has performed quality work on past projects. BACKGROUND: Tabulation sheet, Memorandum from David Salmon, Senior Civil Engineer. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Community Development Division and the Citizens of Denton. FISCAL IMPACT: Funds for this project will come from account #219-056-CD66-8509. CDBG funds for Wilson Street Sidewalks. pectfully submitted: -- ~ Lloyd V. Harrel~/ City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent TS/ih 272.DOC BID # 1366 BID NAME WILSON STREET FLOYD GLENN SIDEWALK SMITH OPEN JUNE 2, 1992 # ITEM DESCRIPTION VENDOR VENDOR TOTAL $12,901.00 BID BOND YES CITY of DENTON~ TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 MEMORANDUM DATE: June 4, 1992 TO: Tom Shaw, Purchasing Agent FROM: David Salmon, Senior civil Engineer SUBJECT: Wilson Street Sidewalk Bid Please process this bid for the next available City Council meeting. Although only one contractor bid on the project, the prices are extremely reasonable. The total bid is much lower than our estimate. Obviously, Floyd Smith is a qualified contractor and we should receive top quality work. David Salm6~ xc: Barbara Ross AEE0016B 817/566-8200 D/FW METRO 434-2529 DATE: JUNE 23, 1992 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1374 - DEMOLITION AND CLEARING #19 RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Boyd Excavation in the amount of $13,180.00. SUMMARY: This bid is for the demolition of existing structures and the clearing of six (6) sites designated by the Community Development Department. 1) 625 Mill Street 4) 222 Normal Street 2) 538 Maddox Street 5) 1512 N. Elm Street 3) 335 Mill Street 6) 2303 Conway Street Each site will be cleared and leveled suitable for mowing. Trees will remain undisturbed where demolition work will permit. BACKGROUND: Tabulation sheet, Memorandum from Barbara Ross, Community Development Administrator. PROGRAMS~ DEPARTMENTS OR GROUPS AFFECTED: Community Development and the Citizens of Denton. FISCAL IMPACT: Funds for this project will come from account #219-056-CD67-8502 Community Development Department. ~peltfully.~~ submitted: ~Llo~d V. Ha~ll~ City Manager Approved: ..... Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent TS/ih 273.DOC 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 H 0 CITY of DENTON Community Development Office 110 West Oak, Suite [] Denton, Texas 76201 (817) 363-7726 MEI~IORAND Ul.i DATE: June 10, 1992 TO: Tom Shaw, Purchasing Department FROM: Barbara Ross, Community Development Administrator SUBJECT: Demolition #19 The Community Development office would like to accept the bid of Boyd Excavation for $13,180.00 to complete demolition and clearance of the structures in Demolition #19. Please inform us as soon as the purchase order has been approved by City Council. Thank you. Barbara Ross BR: nb DATE: JUNE 23, 1992 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1388 - COOKE COUNTY COLLEGE CONSTRUCTION RECOMMENDATION: Council approve award of Bid #1388, Cooke County College Construction, to the Iow bidder, Southwest Industrial Constructors, in the amount of $138,636.00 (base bid including alternates 1 through 7). SUMMARY: Bills were received for the general construction and renovation of lease space for Cooke County College at 608 East Hickory Street, Denton, Texas. Southwest Industrial's base bid is $129,500 and the total amount including all alternates (see tab sheet) is $138,636.00. Fourteen vendors received bid packages and six bid proposals were submitted. BACKGROUND: Tabulation sheet PROGRAMS ~ DEPARTMENTS OR GROUPS AFFECTED: Facilities Management Division and Cooke County College. FISCAL IMPACT: Funds for this project will come from account #100-032-0002-9101. The City of Denton will receive lease payments from Cooke County College offsetting the cost of this project. City Manager Prepared by: Name: Melanie Harden Title: Buyer Approved: Nam--e: Tom D. Shaw, C.P.M. Title: Purchasing Agent 277.DOC ,- IV I fD~@ @ [~ O\Y7lgjN\~ I r-.----- ill \ \ i' I \" \" !\ ~.;. AUG 2'1 REC'O :\1 'I' I_ ,~\: '1 ~j J :~: \,:'L _-i ~""~~~ i J l' ! t, _~.'.:.!..~~2~_~_2.-:~_ j---,~:-~-'.r ~~,~...,( CONTRACT AGREEMENT STATE OF TEXAS )( COUNTY OF DENTON )( THIS AGREEMENT, made and entered into this 2L day of JUNE A.D., 19-2L, by and between THE CITY OF DENTON of the County of DENTON LLOYD V. HARRELL and State of Texas, acting through thereunto duly authorized so to do, hereinafter termed .OWNER,. and FLOYD GLENN SMITH. P.O. BOX 1781. DENTON. TEXAS 76201 of the City of DENTON , County of DENTON and State of TEXAS , hereinafter termed .CONTRACTOR.. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID 11366 - WILSON STREET SIDEWALK IMPROVEMENTS in the aBloom" of $12.901.00 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-l 0114s other drawings and printed or written explanatory matter thereof, and Specifications therefore, as prepared by ENGINEERING AND TRANSPORTATION the DEPARTMENTS , , all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the Ci ty of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the state of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 0114s IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: () (,~~~ (SEAL ~. ATTEST: ~Jtl CONTRACTOR tkM/-/ Title By (SEAL) APPROVED AS TO FOR~_/ ( ,/ -~-7 -Ci ty Attorney ,/ / // CA-3 0114s PERFOlUlANCE BOND STATE OF TEXAS ) ( COUNTY OF DENTON ) ( BY THESE PRESENTS: , of the City of , aDd State of That DENTON TEXAS FLOYD GLENN SMITH KNOW ALL MEN County of DENTON as PRINCIPAL, and Universal Surety of America , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON as OWNER, in the penal sum of TWELVE THOUSAND NINE HUNDRED AND ONE AND NO/100------------- Dollars ($12,901.00 ) 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 ~ day of JUNE , 19 92, for the construction of BID # 1366 - WILSON STREET SIDEWALK IMPROVEMENTS in the amount of $12,901.00 which contract is hereby referred to and made a dpart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-l PROVIDED, HOWEVER, that this bond is executed pursuant to the proYisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in DENTON County, State of Texas, Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. the said Principal and day of August Surety have signed and ,19.,2L Uniyersal Surety of America By F\(,)Jd Glenr\ ~\+f\ , Title (llJJ(\ff Ti Ie Attorney In Fact Address pO. W\L.1l81 Del\-tOl. Tv i(O;)Cll.. , Address 1812 Durham Houston, Texas 77007 ( 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 009lb PAYlIENT BOND STATE OF TEXAS )( COUNTY OF DENTON )( County of KNOW ALL MEN BY THESE PRESENTS: Tha t FLOYD GLENN SMITH of the City of DENTON DENTON , and State of TEXAS , as principal, and Uniyersal Surety of America authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto THE CITY OF DENTON , OWNER, in the penal sum of TWELVE THOUSAND NINE HUNDRED .\NR om: '1m) NO! 100 - ---- ----- ------------------- Dollars ($ 1 7 qn 1 00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has with the Owner, dated the 23 day of entered into a certain written contract JUNE , 19 92 BID #1366 - WILSON STREET SIDEWALK IMPROVEMENTS to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosection of the work prOVided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB-3 Surety, for yalue received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITHNESS WHEREOF, the this 4th day of said Principal and Surety have signed and August , 19 92 Uniyersal Surety of America By 1=\{)\/c1 ~len(\ ~m\TH Title ()l U('f:( ~ / Title Attorney In Fact Address _PO, t::uV- rl"8L f::::x:'l\--t.c:Y] , 1\1 (11cA())- Address 1812 Durham HOuston, Texas 77007 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Ramey King & Minnis 101 S. Locust Suite 707, Denton, Tx. 76201 PB-4 0092b ~IAINTENANCE BOND STATE OF TEXAS )( COUNTY OF DENTON )( KNOW ALL MEN BY THESE PRESENTS: THAT FLOYD GLENN SMITH as Principal, and Universal Surety of American a Corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sum of ONE THOUSAND TWO HUNDRED NINTY AND 10/100---------------------------- Dollars ($] .290.]0 ), 10% of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally. This obligation is conditioned, howeyer, that: WHEREAS, said FLOYD GLENN SMITH has this day entered into a written contract with the said City of Denton to build and construct BID # 1366 - WILSON STREET SIDEWALK IMPROVEMENTS which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, and: ~mEREAS, 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 !'lay become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. I-fB-l 00.93b 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 (l) 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. these presents and the said as surety, has Jeff P. King this 4th day of IN WITNESS WHEREOF the said Floyd Glenn Smith as Contractor and Principal, has caused to be executed by Uniyersal Surety of America Universal Suretyof America caused these presents to be executed by its Attorney-in-Fact and the said Attorney-in-Fact has hereunto set his hand 1992 August Universal Surety of America '\\ OU)(\f'/1( SURETY : A c IlB-2 0093b UNIVERSAL SURETY OF AMERICA 1812 Durham, Houston, Texas 77007 :,,1 Bond No. 698-1098 For verific<llion of the aulhority oflhis power yoo may telephone (713) 863-7788. GENERAL POWER OF ATfORNEY - CERTIFIED COpy Know All Men by These Presents. That UNIVERSAL SURETY OP AMERICA. a corporation duly organized and existing WIder the laws of the State of Texas. and having its principal office in HOllston. Texas. does by these presents make. constitute BIId appoint Jeff P. King its UUe and lawful Attorney(s)-in~fact. wilh full power BIId authority hereby conferred in its llBI1Ie. place and stead, JO execute. acknowl~ge and deliver bonds for: t Princi~, Obligee AmOWlt Flovd G Smith dba Flovd Smith ConL-rete Contractor Citv of Denton.. Texas 12901.00 and to bind the CornpBllY thereby as fully BIId to the same extenl as if such bonds were signed by the Presidenl, sealed with the corporate seal of the CompBllY BIId duly attested by ils Secretary. hereby ratifying IUld confmning all that the said Attorney(s)-in-Pact may du within the above .taled limitalions, Said appointmenl is made WIder BIId by authorily of the following resolution adopted' by the Board of Directors of Universal Surely of America at a meeting held on the 11th day of July. 1984. "Be /1 Resolved. that the President, any Vice President. Secretary or any Assistant Secretary shall be and is hereby vested with full power BIId authorily 10 appoint any oDe or more suitable persons as Attomey(s)-in-Pact to represent BIId act for and on behalf of the Company." "RESOLVED tballhe signature of BIIY officer of the corporation. BIId the seal of the coIJlOration may be affixed or printed by facsimile to BIIY power of attorney of the corporation. IUld that such printed facsimile signature and seal shall be valid BIId binding upon Ihe coIpOration." In Wit...... WMroOf, Universal Surety of America bas caused these preseDIs to be .laDed by lis PresldeDt, Jobn KDOX, Jr. lUId'lts corporate seal to be bereto alftxed thll 15th day of Odober . A.D., 19.J!!L. &5: ,.~~~~ Ii; ........"'~ ~.!*':'. ."..:~ \~(.. -)!i ,.,...!~~,..:/ "~-,....." :'.....pi??CA President Stale of Texas County of Harris On thl. 15tb day of October. In the year.J!!L, before me Wendy W. Stuckey a notary public, personally appeared Jobn Knox, Jr" personally known to me to be the person wbo executed the within Instrument as President, on bebalf of the corpora- tion therein named and acknowledged to me that the corporation executed IL -- ~o~.~~!tr.,:,c 'Yz.-....,...~-' ~(f""'" .-k. .~~OP""~) ....~'./ .J,.-:."!> ... I. Ihe Wldersigned Secretary of Universal Surety of America, hereby certify that Ihe above and foregoing is a full, lIUe and correct copy of the Original Power of Anorney issued by said ComPBllY. IUld do hereby further certify that the said Power of Attorney is still in force and effect, ~ W. ~;'cr- Nolary Public GIVEN WIder my hand and the seal of said Company. at Houston. Texas. this 4 th day of Au<!us t ~R7/J~<-/ ,19-B-. Secretary CITY OF DENfON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements Delow. It is highly recommended that Didders confer with their respective insurance carriers or Drokers to determine in advance of Bid suDmission the availaDility of insurance certificates and endorsements as prescriDed and provided herein. If an apparent low Didder fails to comply strictly with the insurance requirements, that Didder may De disqualified from award of the contract. upon Did award, all insurance requirements shall Decome contractual oDligations which the successful Didder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: without limiting any of the other oDligations 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: sigiledDY' t'he city of Denton'....'.l..c ,,:'" ,''-'..,r''" ".V ".':' "'j ",.,....:'.;.,' ." 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 wH:h respeot. t.o t.he City, it.s 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 following: 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 thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage. o Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse" for a period of three years beyond tlie 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. SPECI7IC ADDITIONAL INSURANCE REOOIRBHBHTSI 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 lonser, 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 contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess pOlicies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: o coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. o Coverage B shall include personal injury. o coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: o Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage,resultinq 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 b~ 1;.Q.!i!- c:ontrac.tor with "limitEh or. ~t oJ.~& thaA 500,000 per occurrence either; in a, sinqle-.pol~cy..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 Comnensation 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 DEFINITIONS ADDITIONAL INSURED: The city of Denton, appointed officials, officers and employees. apply to Worker's Compensation.) 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. 1. its elected and (This does not 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 ~e 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 follo~ing 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, con~truction or, .alterati,on_,of;_cCi.ty~~~e4~,~ ~:~:~~.fa~pilAtVl~e~. fa~~~i;~~~~~€l~~i~~<<1~~d?J~~:~~g 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 Twelve Thousand Nine Hundred One 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 correqt and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. Floyd Glenn Smith CONT C?:,OR BY P.O. Box 1781 Street Address- Denton, Texas 76202 City and State Seal & Authorization (If a Corporation) (817) 565-0114 Telephone B-1 Wilson street Sidewalk ~J.LJ NU. PO NO. I "hh BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNU PRICE TOTAL 3-B Remove Concrete Curb 12 LF S 2.5(jLF S 30.00 and Gutter 3.3 Unclassified Excavation 300 CY S 6.0(fcy ~,800.00 I 8.3-A 4" Concrete Sidewall< 582 SY $ 14.85/SY Ss,642.70 3.10.7 Hydromu1ch 725 SY $ 1.00/SY $ 725.00 SP-2 Concrete Saw cut 32 LF $ 3.00/LF $ 96.00 I 1.21 Contractor's Warranties - LS S 430.05/LS S 430.05 and Understandings 3;1 Preparation of - LS S 100.00 /LS $ 100.00 Right-of-Way SP-39 Project Signs 2 EA $ 250.00 lEA $ 500.00 8.1 Barricading, Warning - LS $ 300.00 ILS S 300.00 Signs and Detours 8.3-B 6" Concrete Driveway 11 SY S 24.75 ISY S 272.25 SP-40 Remoye Brick Sidewalk 1 EA S 5.00 /EA $ 5.00 $ / $ TOTAL S / S 12,901.00 $ / $ $ / $ $ / $ S I $ $ / $ , $ / $ $ I $ $ I $ *3.10.3 Seeding 725 SY S 1.00/SY S 725.00 * This item may be substituted for item 3.10.7 (Hydromu1ch) at the Engineer's option. p - 3 u.s. OEPAATMENT OF HOUSING AND UABAN DEVELOPMENT CERTIFICATION OF BIDDER REGARDING EaUAL EMPLOYMENT OPPORTUNITY - INSTRUCTIONS This certitication is required pursuant to Executive Order II ~46 (30 F. R. 12319.25). The implementing rules and regulations provide that any bidder or prospective contractor. or any of their proposed subcon- tractors. shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause: and. if so. whether it has med all compliance reports due under applicable instructions, Where the certincation indicates that the bidder has not filed a compliance report due under applicable in. structions. such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIOOER NAME AND ADDAESS OF BIDDER IIne'ude Z'P C.del , 1. Bidder has participated in I previous contract or subcontract subject to the Equal QpDortunity Clause. o Ves DNa 2, Campli.nel 'IPOMI worl '"quired ta be filld in eannletion with lueh eont,.et 0' lubcontr'e1. o VII o No 3. Bidder h.. mId .11 eompli.nel '"PO,tI dUI unde, Ipplie.bl. inmuetionl. ineludlng SF ,1 00. o VIS o No o Nanl RI.<lul,ed 4. Have you eve' beln or af' you being conSIdered for sanction due to violation of Executive Order 11248, II.mlnded? ...., Ves o No ..... NAME AND TITLE OF SIGNeA "'''". ",..1 " SIGNA TUAE DATE Aeolaee. Farm "'UD-4238.CO.l. which" Oblate,. Hue-vsO.l 111.781 (C-l) SAMPLE CERTIFICATION OF BIDDER REGARDING SECTION 3 AND SEGREGATED FACILITIES Name of Prime Contractor Project Name & Number The undersigned hereby certifies that (a) Section 3 provisions are included in the Contract (b) A written Section 3 plan was prepared and submitted as part of the bid proceedings (if bid equals or, exceeds $10,000), . >, (c) No segregated facilities will be maintained. Name Name & Title of Signer (Print or Type) Signature Date C-2 CONTRACTIJK Section 3 Plan Format (name of contractor) agrees to implement the following specific affirmative action steps directed at increasing the utilization of lower income residents and businesses within the City of A. To ascertain from the locality's CDBG program official the exact boundaries of the Section 3 covered project area and where advantageous, seek the assistance of local officials in preparing and implementing the affirmative action plan. B. To attempt to recruit from within the city the necessary number of lower income residents through: Local advertising media, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment, (SER), epportunities Indust~ialization Center (OIC), Urbsn League, Concentrated Employment Program, Hometown Plan, or the U.S. Employment Service. C. To maintain a list of all lower income area residents who have applied either on their own or on referral from any source, and to employ such persons, if otherwise eligible and if a vacancy exists. *D. To insert this Section 3 plan in all bid documents, and to require all bidders on subcontracts to submit a Section 3 affirmative action plan includj utilization goals and the specific steps planned to accomplish these goals. *E. To insure that subcontracts which are typically let on a negotiated rather than a bid basis in areas other than Section 3 covered project areas, are also let on a negotiated basis, whenever feasible, when let in a Section 3 covered project area. F. To formally contact unions, subcontractors and trade associations to secure their cooperation for' this program. G. To insure that all appropriate project area business concerns are notified of pending sub contractual opportunities. H. To maintain records, including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken. I. To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer to coordinate the implementation of this Section 3 plan. *Loans, grants, contracts and subsidies for less than $10,000 will be exempt. (C - 3) J. To list on Table A, information related to subcontracts awarded for the three year period preceding date of this bid submission. K. To list on Table B, all projected workforce needs for all phases of this project by occupation, trade, skill level and number of positions. As officers and representatives of (Name of Contractor) We the undersigned have read and fully agree to this Affirmative Action Plan, and become a party to the full implementation of this program. Signature Title Date SiRrlature Title Date (C - 4) PROPOSED SUBCONTRACTS BREAKDONN TABLE A FOR THE PERIOD COVERING 19__ through (Duration of the CDBG~Assisted Project) l'l COLI;::: 1 CCU;-:::i 2 CC:':.::':: 3 COLl~ :: 4 cell"-; 5 EST 1~!.', 1'::0 ::1.:~!3E1. ITPE 01" CO::T:t',CT TOT"L :;t~t!t OF TOTAL A:PPROX.~!AT4 OF CO::7AACrS tST1:~\T;::l ~OLLA? (!tlSI:;"!;SS or no- CO:;.?..ACIS DOLI.Ul. Al-l:lUl\. .0 P?::lJtCT 1JI.I.A A.':Ct.:~:t TO none. TESSIe::) EUSI:-::SSt); · .l.F..E.A :~SI::t$Sn* I ~---- ....... . *The Project Area is coextensive with the City of boundaries. I S Company Pro j ect Name Project Number EEO Officer (Signature) Date C-5 r ABLE B tsTntATI:Il 1'"OJEC'! \:O~::ORCt !i\Z.~0!;:{ COL:.:::: 1 I CO:..:.~:; 2 I CC~:.:::; J I COLL~~; ~ ~OL~:;. ) 7 I TO!.u' ES7~~n: I ::0. po.;rno::s CL''I- I ~;O. POSlrIC:;S ::0. i'OSl:IC::~ JOB CATtCORY 1'OSI710:;S :..!~:':'LY CCC::?! !!l BY KOT Ct.:r..~~:~LY TO BE rILLD --- -. P~?~~~:!~::T F.::?LOY!!S c:ct"P:tlJ t.:I!H L.:.:'.A.;:." OH1C!:.S/ SUn!'SISO:\S I PROFESSIO::.'-LS T!C:r.;ICIA~~S HOUSI:;~ SAt:;S/ p..!~;r AL/~~l.~;..~.C!:: :::~;r Orr!CE CUlt! C.'.!. SERVICE 1,0;'..'"'::RS 01il~S I ............ .~~. JOUP-,"r.~E~ ~ RnPEP,S I APn::::r!CES I H;....'(U:t.~1 :,0. ~ TP.All;EES OTRE?S TRADE. . JOT.iR.'m~:::!1 REL1'Ell.S APPPr.:rICES , HAXli:'Iol-:'! :;0. .. - TP.AI!,E::S OTREil.S I TllA.:lE' . Jot:R.\r:~:::1 H!LP!RS , J..PPRE::rIC!S !'.A-"l:~ ~;o. TP.A1:;nS O. ,.:.1\S - 'to""t. *Lower Income Project Area residents. Individuals residing within the City of whose family income does not e:<ceed ' 90%of the median income in _he 8MSA. C-I\ COII1',\''I,( / U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EaUAL EMPLOYMENT OPPORTUNITY NAME OF PRIME CONmACTOR PROJECT NUMBER INSTRUCTIONS nlis certification is ~quired pursuant to Executive Order 11246 (30 F. R, 12319-2S), The implementing rules and ~gulations provide that any bidder or prospective contractor, or any of their proposed subcon- tractors. shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has f1ted all compliance ~ports due under applicable instructions. Whe~ the certification indicates that the subcontractor has not f1ted a compliance ~port due under'appli- cable instructions, such subcontractor shall be required to submit a compliance ~port before the owner approves the subcontract or pennits work to begin under the subcontract, SUBCONTRACTOR'S CERTIFICATION NAME AND ADDRESS OF SUBcOHmACTOR (1"",_ Z,t' C4*/ 1, Bidder h.. participated in I pmriout __trlef or subc:ontrlef subiect to the EquII OpportUnity CIIU.., D YII D No 2. Complllnce reportS were requim to bo filed in connection with such contract or subcontract. D YII D No 3, Bidder hll filed III compli....,. roporu duo undlr applicablllnrtructions. including SF.l00. D YII D No D None R.qui,ed . 4. Haw you ~e' been or .re you being considered for Ilnction due to violation of Executlye Order 11248, .. amended? D YII D No NAME AND TITLE OF SIGNER ,''',_ .."., . SIGNATURE DATE Repfec:ee Form HUD~238.CD.2. wtHen it ObIofete (C - 7) HUO.e&O.2 It ..,BI SAMPLE CERTIFICATION OF PROPOSED SUBCONTRACTOR REGARDING SECTION 3 AND SEGREGATED FACILITIES - Name of Sub Contractor Project Name , Number The undersigned hereby certifies that (a) section 3 provisions are included in the Contract (b) A written Section 3 plan was prepared and. submitted as part of the bid proceedings (if bid equals or exceeds $1'0,000). . (c) No segregated facilities will be maintained as, required by Title VI of the Civil Rights Act of 1964. Name' Title of Signer (Print or Type) Date Signature (C - 8) Yol. DtrAAhtE"' Of ",,"U\INC. ."0 \I. "AN "1l't'tI..QPMtH' COIIMUN", OrVf.lOPMfNT .lOCK C._AN' 'IOC'AM CONTRACTOR'S CERTIF.C.l nON CONCERNING LUOR STANOUDS .lND PREV.lILINC W.lCE REQUIREMENTS TO (.1""'_'-"'. 1I..#'t,...II: OATe c/. ~tIl0'CCT ........c" "(..,1 PIIOI.CT .. .wc I. n.. .....,.'..... '-vi". n<<v.... . ~Oftb.ct wilh 'Of .... cNatNcUOII el tk ....,....id...URe4 ,tofect. .c.....Ie4C" that: (a) TIrwt La'" S....ula ,"o.,i.'... .,. i"clllded ,.. Ihe dote..icI con',.ct; (It) Cornet..., .., i,,',acUOfta .l'M .'OI...NI roNfiU-.. MchlClin, iR'NcUOM .., .ft,.'''. ..K__hactors.... .., t__ ti_, ..tlcORlnnON. Ie hi. '''pM"ilbtUt,; 2. H. c..IUI.. t....: (a) Heil""'" flOI' U, Iv_. pa".....hip Of ...odali... ia which he h.. ."M.....llnt......t I. "esi...ed .. .. 1_II,illtle COIItNCtOl '" .he c.o.,bof~. c..nl .t .he U.itecl St.... ,.nun' to Section S.6(b) eI... aeplatlou oIlhe s.c...." 01 Labor. Part 5 (:9 CI". r.,. Slot .....nt to Seeti... 3(a) of the o.vl&.8aCIDII Aa... ........ (46IJ,S,C, Uf.-lf.}). (It) Ne,.rt 01 tM .IOI'.......tlOM1f eo.tNet ... Nett et _ill M a"lIcon.net'" to ..1' .UMontncl. " ad .... CO....d_ .. ..., fil_. CO'potetiOfl. ...IMrshi..r ..aocl.UOft I.. ..,hle. uch allbee.l.aclor haa . .........Ia. ..I....t Ie 4ulCl"8led .. a" iMlici'.. cMhaclOf ,.ntllu, 10 aft' oIlh. afOl'elMftUOHd .-.u....., OIetal"tOfY plO,,_tOM. 1. H. .P". I. lIIt'ata ... f...... I..... .lOl'....Ue.... H'Ct...ttt withl.. tn 4.,. .Ita. thl' ~.ec1Itiote. ...,....tM:OfttNCt. _I.n.., .... eucwtH ~ ... ..k_'~ .M .., ~ tief ..Iac_t..ct..... . S.Iac_traclor'. Cettilk:a11M e..a...i.. La.... 11-...... .... P....,.tU., W.ce R....ifnteftt. aecu.... .. .~ ..bcot.lrHt.... .... Ha eMma. ,...... Ca) n.. 1...1 ..... ... .... ....i.... d.... .f ... ...or...... ..., ssll RACE:- ~I l... ..4.... 4 ;.. .n .. ."0&'. p...,..a"o...... III A COtllPO....TIO.. 0.........0 'If "lfa i"A,.... I.' .. P ...,..........P I.' 0'..... 0"0."".."'0" tDc.crt'-l (c) TN..... 1'1&....4 MJ,... .',h. ..."... ,.,.".,.., .n;c... .t I'" HJ.,.it'M4 .,., . . 1110... Tn... 1000"." lluo-l4I" C'-m (C - 9) (dJ 11.. "!!.".' ~"4 03.nU\c'. .1 011 ';,+.., ,,"1"'''', to"l,."."-,I,,,. cOrrO"", he~,.n.. ,,,....,,t,,.) '''"4 ,h. 11;1'"'' ..Ill,. ;lIlp'e,t ...e ,'I' "....... ... ....,..1: -'---,-' I I I '."f',' 11'1 ,II' ......t.,,"J..~,.. .....c AClaRes. I I I ,- -I ....'u..1t 01' 'MT...,..? (.) n. no",,,. .4d,oun '"" ".4, ,I,u.lle'''oll' .f ,II ..h" ~...Itli". to..tI...,eu", CO""."." ... ,,'lIeft .h, "'.4....".... "'n . ."b.,..",.III""o" ,r. 'II """". ,It ..,,,,..to I I I i I I ....... AOU,.." I I I I I I T"'''OIl CI."'.'flICAT'ClfIf ,,'..'.....1011' 0". I, W"WtUHG V.s. (:,,,,,,,,,, C:.do. S'e'''O'' uno. Tltl. tl. V.I.C.. ....i.... III ..rr. ...h............. ........ p....... ........ ft. "u"h"..,'1 .", of u.,.....lrfI'. ....._,". tI'" ..... ." be f.l.. . . . . . tllloll .. loft.. _. .._. "'... 1,."00 or ''''.............. ..., ...... ,..... ..oo .,........ ,., ...,.. C-IO U.S. Of~A..T"!"'T 0' 1l0US'He .AHO u.e"'N oeV"I.O"Ul!NT COM"UNITY DI!YI!LO'''(NT noclC CRANT "'OC.AM SU8CO";"ACTO~'S CE, T1FICATlON CONCERNING LABOR STANOAROS ANO PREVAILING WAGe ReQUIREM~NTS TO ("l'pO."'II'. ".O:I,.fIItJ: 0..,.. clo ""OJCC.T ...u....c" 111.,.,1 ""OJe-CT MAW. 1. l'u: undt'rsicned. hlV'inc ellecuted. conulet with ',,".11.,..(,., 0' .)".(.,",UO(I.'I 'a, ',"e,.,.. ., ....,_/ In the '..,.auttt 01 S I" u.. con.uudlon tlI the .boY'C!'~identatied project. certifies thlt: (a) The ubot SII"d.rds Provillo"s 01 The Conuact ror ConstrucCto" u., included in UlI Iforeuld con'Net. (b) NcitMf hi nOf Iny firM. corporullon. pIIttncrship or USOCI.llon in which he h.. . suo-I.nUlI. In'erest is deli'Chllcd" 1ft ine.licib1e' con,,..eto, by the' Comptroller C;~ne'll 01 Ih. United Stat" pursuant toSecl1onS.60,) of HI. Relujallons of the Sl':cn~t.1')' oj Llbo" Patt S ('JO CFR. r." S). or pu,suant 10 Section 3(1) of the navi,_ B.con Act. .. u.enol:'d (10 V.S.C. 216a-2(0}). (c) ~o pIIrt or tn. .latentt'ftUOnH eontf1lct hn b~ft or ...11 be subconUlcte-d 10 an1 s.uaeunlr.CtOf It such ...bconlrvc,,,,, or _ny lit,", eOtponlClon. partl'lP"htp or 'S1l0CIIUCM In whiCh sue" .utcontf'llctol h.. . .ubsllnua' inle',esl is dcsit"'lecI I' an ineJicible conl'Ulor pu"uDnt 10 the .Ior...id 'e~I..ory Of stalutory plOwlsions. 2. k. o"e~s 10 ohtaln .,.d ICfW.,d to Ihe contractor, 101 transmiu.1 10 ltl., ,eClplcn,. witnin I.,,, d.ys .lIer In. t!'llccutlon 01 allY lower subconuact. . $ubcOlllnClor'. Ct,tilic.tlon Conc!:'"t"1 Labor St.ndards .nd P,~vailinl W..e Rcqulll.... ..en.... C'.et;utt:d by the lower 11ft .uccontrtlcto,. i.. duphc.te. Ca) 1'he wurkrrtefl _ill lepeln for auly Oft Of about IIIO'CI 3. H. nnlfi.. that: (.) Th. 1.,,1 ",,... .,,4 ,h. k,u.j"u, '''0,." al the _nlllf"''''O .ra: 5511 RACE: (b) Th. !iI,uf''''I,n,. h: 111 . '.MGl.C ~"O"'''I:''O''''''f~1 ISI . COIII"O""'T'O'" OIllGA...n.~D ,... TIot I: .TATe 0'1 lal . ...,.T..."....'..., 14' o.,...~" OJUI.....'&.TIU.. (n..~,..d Ie) Th, ....... tille '''0 .cf4,." .f th. .."w. 'Ort"." or .'''tetl .f the u"......i,".. .r.: I "'ANa TITLE AOb'USI I I I l hUU"".21 c....n) C-ll (4) n. ..."'.. eft, .,dr.,.., .1.11 .,1.., ''''OIl'.. ~..III ....""'.1 ...J U"...,., 1M...., . ."I..t...'i.J I.....,..t j.. ,h .....i,...., IN I~. nolv,..f .h. il'll.,ut ",''' -''''n. U UUt'.I. . - N.Me ..uo....u MA?U.... O~ 'NT.IltCIT _.. t.) TlrI. ...,.... .Jd,tluI .,.J h.d. c:I.uiliutiuI .1.11 .rft., ktldi.., ~OII""'cti.. u..lred.... i" which th. ud.,.i,,,.4 he, . lU~II....i.1 ill":". ...,,( ...."". 10 ,wid: M.... AOOllte.. TN.DC C\.ASSI.'CATIO.. . .. 1S.6.'..,....,J Br (Si,.....'d IT".tl .'1/.... ..tl Tldd WUHIHG U.s. 01.'''.1 c:.... S.etl_ 1010. TIlI.n. V.Le.. ,...t"" tit ,.rt: ..""..".,..... ..k_. ,...... .n..... t.1N1.U.".. ..., .r ....-.... ."'_J". .... ._. .. ... ,.1... . . . . Ib.U ... ,lrI", ... ..,.. u.... '5.000 ., t.,ri...... ... ..,. Ua.. ,.. '."'. .,....... C-IZ ... ,...... HUo.4''''' 12-411. U.5. Department of Housing and Urban Development CERTIfICATE Of OWNER.S ATTORNEY 1. th. under.i,ned, . the dul, authoriz.d and actinl l'lal representatlye ot . do h.rtb, eerU t, .. tollo.e: 1 he.. .sa.in.d the attached contract(a) and sar.t, bonds and the .aDn.r " ot 'z~catio. th.reot. and I .. 01 t~e opinion that .acb ot the ator.aaid alr.e.enta hae b.en dul, esecuted b, the proper partiea th.r.to actinl throalh th.ir dul, authorized repres.ntatives: that aaid repr.s.ntativ.e have tull po'.r and authori.tl to uecate aaid alree.eats on beh" t ot the reapeetiv. partie. na.ed thereoD: and that the tore,oiDI alre..ent. co.eti- tat. valid and 1e,.11, btndinl oblilattons apon the parties .seeutin, tb. aa.. in accordaac. .itb t.r.s. condtttons aDd pro.taio.s tb.r.ot. Date: (CO - 1) .. , ....;;.:...,.,.. A4~nlrl.,,;OE;'atlf7'd~1jfenae;;INsuaANCE""""" ISSUE DATE (MMlDDiYY) 05/01/92 Ramey King & Minnis Insurance 101 S. ~ocust Suite 707 Denton TX 76201. . .' . ......... .' ... ... . ...... .. . .- . . . ~. .,. .. THis CERTIFiCATE IS ISSUED AS A MATTER OF INFORMATION ON~Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HO~DER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR A~ TER THE COVERAGE AFFORDED BY THE POLICIES BE~OW. COMPANIES AFFORDING COVERAGE PRODUCER CODE SUB-CODE COMPANY A LEmR COMPANY B LEmR COMPANY C LEmR COMPANY D LETTER COMPANY E LEmR Trinity INSURED Floyd Smith Concrete Contr Floyd Glenn Smith POBox 1781 Denton TX 76201- COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BElOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOlWlTHSTANDING 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 AFFOROED BY THE POliCIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTA TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MMIDDIYY) DATE (MMIDDIYY) 05/01/92 05'01/93 GENERAL AGGREGATE $ 1000000 PRODUCTS-COMPIOP AGG $ PERSONAL & MJV. INJURY $ 500000 08'04'92 08/04/93 EACH OCCURRENCE $ 500000 F!RE DAMAGE (Anyone fife) $ 50000 MED EXPENSE (Anyone person) $ 5000 COMBINED SINGLE LIMIT BODILY INJURY $ (Pel person) BODILY INJURY (Per accidenl) $ PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE $ STATUTORY LIMITS 05/01192 05/01'93 EACH ACCIDENT $ 100000 DISEASE - POLICY LIMIT $ 500000 DISEASE - EACH EMPLOYEE $ 100000 A GENERAL. LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR A X OWNER'S & CONTRACTOR'S PROT G~A7474918 BINDER AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON.OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FOAM A WORKER'S COMPENSATION AND WC8273085 EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIQN5.\.OCATIONSlVEHICLESlSPEClAL ITEMS Additional Insured City of Denton Denton TX 76201. CAN,CE~~ATION. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAil SUCH NOTICE SHAll IMPOSE NO OBLIGATION OR lIABllIlY- OF ANY KIND UPON THE CO ANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED ;:!;EPRESENTATIVE ,'{in -.. 0ACORP: CORP,OflA110N:199Q CERTIFICATEI:I()~DER City of Denton 901e Texss St ACORP2$;$:'(1I\lO; J!l ALLIHATE INSURANCE COMPANY U ALLSTATE INDEMNITY COMPANY 0 ALLSTATE TEXAS LLOYD'~ HIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFI .ATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ' CERTIFICATE HOLDER NAMED INSURED Name and Address of Party to Whom this Certificate Is Issued Name and Addreas of Insured Cl'ty of. Denton a .0 as additional insured Floyd Smith Box 1781 Denton, Tx. 76201 J ; Is to certify that policies of insurance listed below have been Issued to the Insured named above subject to the expiration date Indicated bslow, ~Ithstandlng any requirement, term or condition of any contract or other document with respect to which this certificate may be Issued or may sin. The Insurance afforded by the policies described herein Is subject to all the terms, exclusions, and conditions of such policies. TYPE OF INSURANCE AND LIMITS lMMERCIAL ClENERAL LIABILITY ~~~6er 11 71837 Limit ENERAL AGGREGATE LIMIT (Other than Products - Completed Operations) RODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT ,RSONAL AND ADVERTISING INJURY LIMIT ACH OCCURRENCE LIMIT -iYSICAL DAMAGE LIMIT EDICAL EXPENSE LIMIT RKERS' COMPENSATION" PLOYERS' LIABILITY Coveraae ORKERS' COMPENSATION Effective Date 06-10-92 Expiration Date Amount 06-10-93 $ $ $ $ $ $ ANY ONE LOSS ANY ONE PERSON Expiration Date Policy Number Effective Date Limits APLOYERS' >\BILITY STATUTORY - appllas only in the following states, BODILY INJURY BY ACCIDENT BODILY INJURY BY DISEASE BODILY INJURY BY DISEASE Polley Number 1171837 $ $ $ EACH ACCIDENT EACH EMPLOYEE POLICY LIMIT OMOBILE LIABILITY ~covereaeB"ls ~ OWNEOAUTOS ;PECIFIED AUTOS HIRED AUTOS 06-10-92 Limits Combined Slnale Limit of L1eblllty BODilY INJURY & PROPERTY DAMAGE I $ 500 000 Spill L1eblllty LImits Prop'JIV Dsmag. Effective Date Expiration Date 06-10-93 NON-OWNED AUTOS I EACH ACCIDENT 1WNED PRIVATE PASSENGER AUTOS lWNED AUTOS OTHER THAN PRIVATE PASSENGER Polley Number BodllV In!urv BRELLA LIABILITY Effective Date E.ch ~b;':"':}'t'{..:.i'it.~:;':'~:'~:~J~~t::,:;::;~'i',"',,;, PERSON ACCIDENT Expiration Date PRODUCTS - COMPLETED OPERATIONS AGGREGATE $ $ $ EACH OCCURRENCE .1 1$ Policy Number GENERAL AGGREGATE J. I $ Effective Date Expiration Date ,R (Show ,fPollcy) RIPTION OF OPERATIONS'LOCATIONSIVEHICLESIRESTRICTIONS/SPECIAL ITEMS Ford Ford F250 F500 1FTEF25Y4EKB04548 F25GK669655 F350 F250 lFDKF37L5GPA53945 lFDMF60H1BVA041Bl 86 Ford 81 Ford I ,LLATION / I h. /L (~/ L oerof days notice ...=10 fA '.L~ /"1 7-~-7J v 1i{i:..uthOflzed RePfe.enlatlvlI 08te Id any of the ebove described policies be cancelled bsfore the expiration e, the Issuing company wlll endeavor to mall within the number of entered above, written notice to the certificate holder named above. But lure to mall such notice shall Impose no obligation or liability of any 1pon the company, Its agents or representatives. Cfd-.-I,DI CONTRACT AGREEMENT STATE OF TEXAS )( COUNTY OF DENTON )( \ THIS AGREEMENT, made and entered into this ~ day of JUNE A.D., 19 92, by and between THE CITY OF DENTON t of the County of LLOYD V. HARRELL hereinafter termed "OWNER," and DENTON and State of Texas, acting through thereunto duly authorized so to do, SOUTHWEST INDUSTRIAL CONSTRUCTORS INC., 121 EXPOSITION STREET, DENTON, TEXAS 76205 of the City of and State of DENTON TEXAS , County of DENTON , ,.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 # 1388 - COOK COUNTY COLLEGE CONSTRUCTION in the amount of $138,636.00 (Labor $74,570.00 and Material $64,066.00) 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-I 0114s other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CORGAN ASSOCIATES ARCHITECT , , all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status \ It is mutually understood and agreed by and between city and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the Ci ty of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or- after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and special Conditions of the Contract. CA-2 0114s IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: (SEAL) \ ATTEST: j.1 (1l11 ~(Lu~t\nw SOUTHWEST INDUSTRIAL CONTRACTORS, INC. CONTRACTOR , ~ ~ By J. Co .,./;;:::? Title T.E. STANEK, PRESIDENT (SEAL) CA-3 0114s PERFOlUlANCE BOND STATE OF TEXAS )( BOND NO. 382-1825 COUNTY OF DENTON ) ( KNOW ALL MEN BY THESE PRESENTS: That SOUTHWEST INDUSTRIAL \. . . CONSTRUCTORS INC COtmty of DENTON as PRINCIPAL, and , of the City of , and State of UNIVERSAL SURETY OF AMERICA nF.NTON TRXAS , 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 CITY OF DENTON as Ol.iNER, in the penal sum of ONE HUNDRF.n THIRTY EIGHT THOrrSANTl STX HTJNJJRF.n SIX AND NO/100 Dollars (S138.636.00 ) for the payment whereof, Principal and Surety bind themselves and their heirs, administrators, successors and assigns, jointly and severally, by these presents: THTR'I'V the said executors, WHEREAS, the Principal has entered into a certain written contract wi th the OWNER, dated the -E... day of JUNE ,19...23..., for the construction of BID # 1388 - COOKE COUNTY COLLEGE CONSTRUCTION in the amount of $138.636.00 which contract is hereby referred to and made a dpart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-l IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 FAX #(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. PROVIDED, HOIY"EVER, tna t this bond is executed pursuant to the proVJ.sJ.ons of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in DENTON County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the \ work performed thereunder, or the plans, specifications, or drawings accompanying : the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 25t"h day of June , 1923.... ." SOUTHWEST INDUSTRIAL CONSTRUCTORS. INC. Principal rJ~/ By _-r~.J-- v T.E. STANEK UNIVERSAL SURETY OF AMERICA Surety --- cfYnAA.t~w rX ~(>~..... Title f/RGS iOff/l/T-- Pauline L. Lesch Title Attorney-in-Fact Address 121 Exposition Denton, Texas 76205 Address P. O. Box 1150 Lewisville, Texas 75067 ~" ~ ( SEAL) (SEAL) \The name and address of the Resident Agent of Surety is: PCL Insurance Agency, Inc. 206 Elm St., #105, Lewisville, TX 75057 NOTE: Date of Bond must not be prior to date of Contract. PB-2 009lb PAYHENT BOND STATE OF TEXAS )( BOND NO. 382-1825 COUNTY OF DENTON )( INC. KNOW ALL MEN BY THESE PRESENTS: Tha t SOUTHWEST INDUSTRIAL CONSTRUCTORS of the City of DENTON DENTON , and State of TEXAS , as principal, and UNIVERSAL SURETY OF AMERICA \, County of authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto THE CITY OF DENTON , OWNER, in the penal sum of ONE HUNDRED THIRTY EIGHT TIlOT1!';ANn STX ffiTNTlRF.n THTR'I'V STX ANn NoI100 for the payment whereof, the said Principal Dollars ($138.636.00 ) and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: IlHEREAS, the with the Owner, dated the Principal has 23 day of entered into a certain written contract JUNE , 1992 FOR BID # 1388 - COOKE COUNTY COLLEGE CONSTRUCTION to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied a~ length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, ~hat if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosection of the work provided for in said contract, then this obligation shall be void, o~herwise to remain in full force and effect; PROVIDED, HOWEVER, tha~ this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB-3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 25th day of June , 19 92 ~OUTHWEST INDUSTRIAL CONSTRUCTORS, INC. Principal UNIVERSAL SURETY OF ANERICA Surety By ) .~~<- - fw-~:I ~ Pauline L. Lesch T.E. STANEK Title PL!E 6/0.G7V-r- Title Attorney-in-Fact Address 121 Exposition Denton, Texas 76205 Address P. O. Box 1150 Lewisville, Texas 72067 -~ (SEAL) (SEAL) . The name and address of the Resident Agent of Surety is: PCL Insurance Agency, Inc. 206 Elm St., #105, Lewisville, TX 75057 PB-4 0092b . 'UNIVERSAL SURETY OF AMERICA 1812 Durham / Houston, Texas 77007 GPA 382 1825 For verificatIOn of the authority of thi~ power you may telephone (713) 863-7788. Power of Attorney Valid Only If Last Four Digits Appear In Red GENERAL POWER OF A ITORNEY - CERTIFIED COPY Knoll' All Men by These PresenTs, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas. and having Its principal office in Houston. Tc;o.as. does by these presents make, constitute and appoint Pauline L. Lesch Clem F. Lesch Don E. Cornell of Lewisville and State of Texas its tfue and lawful Attorney(s)-in-Fact. with full power and authority hereby conferred in its name, place and stead. to execute, acknowledge and deliver Bond~ not to exceed $250.000. unless such is accompanied bv a letter of 'l1lthority ~igned by the Pre~ident. Secretary or Executive Vice President of llnivp.r~Hl Surety of America. and to bmd the Company thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seal of the Company and dul) attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do wlthm the above stated limitations. and such authonty is to continue in force until June 30. 1994 Said appointment is made under and by authority of the following resolution adopted by the Board of DlTectors of Universal Surety of America at a meeting held on the lIth day of July, 1984. "Be Jr Resolved. that the President, any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint anyone or more suitable persons as Attorney(s}.in-Fact to represent and act for and on behalf of the Company:' "RESOLVED that the signature of any officer of the corporatIOn, and the seal of the corporation may be affixed or printed by facsimile to any power of attorney of the corporation, and that such printed facsimile signature and seal shall be valid and binding upon the corporation:' In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President. John Knox. Jr. to be hereto affix.ed this 1 st day of March ss: ,~""'~~~'~'~'~/''"",,,, UNIVERSA ll;*............~~\.\ ,,~: .'2,. By' \ \...:~.!~~~:):J . ~'*""""':",,\""""~ and its ~orporate seal' State of Texas County of Harris President Onthi, 1st day of March .intheyear~,bcforeme a notary public. personally appeared John Knox. Jr. person who ex.ecuted the within instrument as President named and acknowledged to me that the corporation executed it. Wendv W. Stuckev . personally known to me to be the . on behalf of the corporation therein ""''''''';;:;''S'~'''''''''' (~;;S~I~; ~"""~"~,;,~~"",,,,, tJ.J~ W. ~Notary Public J. the undersigned Secretary of Universal Surety of America. hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. GIVEN under -my hand a~d'the seal of said Company, at Houston, Texas, this 25th day of June , 19 92 . r-~~/J~ ~ Secretary COMPLAINT-NOTICE: Should any disputes arise regarding either your premium or a claim, contact Universal Surety of America at 1812 Durham, Houston, Texas 77007 or by calling (713) 863-7788. Ifthe problem is not resolved you may also write the State Board ofInsurance, P.O. Box 149091, Austin, Texas 78714-9091, Fax (512)475-1771. This notice of complaint procedure is for information only and does not become a part or condition of this bond. Any instrument issued in excess of the penalty stated above is totally void and without any validity. SALES TAX Materials which are incorporated into or becomes part of the project are exempt from sales tax. A "separated contract" will \ be issued by the City of Denton which separates charges for material from charges for labor. The contractor is expected to execute a resale certificate instead of paying the sales tax at the time of purchase. The City of Denton will issue an exemption certificate for the materials as long as they are a part of the finished project. If a contractor does not issue a resale certificate, then the amount of sales tax must be included in the prices quoted. No additional compensation, beyond the prices quoted, is due the contractor for sales tax. A. Total Labor ....................... $ B. Total Materials ................... $ l200.DOC ~~.' 1 -'-'.'_........" ,,,,,,,,,_, ......,"''''''.,. ......... '1'-' ........,L 1 '-''-'_-.......__ J~~::l-~.:-l'??~. It:':~,4 FROM ::C'RGHti HSSOC. HP':HITECTS TC 181736~4692 P.04 BID FORM StJBN:U11JEDBY SOUTHWEST INDUS~RIAL CONST~CTORS INC. (Name of Bidder) \ 121 EXPOSITION STREET, DENTON. TEXAS (Address) 7670'; Dear Sir: The undersigned, having examined the drawings. specifications, related documents, and the sites of tbe proposed work, and being familiar with all of the conditions surrounding the work, including tbe availability of materials and labor, hereby proposes to furnish all labor, materials, and equipment required for General Construction and Renovation of[,ease Space for Cooke County College in accordance with the drawings and project manual prepared by Corgan A.ssociates, Inc., Architects, for the lump sum BASE BID amount of: BASE BID: ?J~~;;~~ ..1. r.kP6D~~ A//Nc2f~p?Ar,.c...1z? ; P/P't:.- _ _ ~ / Do ars($ /:< ~ 5'10.0 ~ ). t ' Note: Amount shall be shown in both words and figures. In case of discrepanC)', 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 entite cost per drawings, specifications. and addenda and that no claim will be made on account of any increase in w<ige scales, matc:;dlll prices, taxes, insurance, cost indexes, or any ol.her rates affecting the construction industry and/or this project. Should the undersigned fail to deliver the signed Contract or the required Bvnds within the 10 day period, the Bid security accompanying this Bid \"ill be forfeited to the Owner as liQ.uidated 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, insura.nce and similar related items, and represent the total cost to the Owner for each Alternate. 11 June 1992 Bid Proposal Form - 1 CAA 92029.00 . ----------------------------------------------------------- - .-.------------. JUN-15-1992 11:08 FROM CAA 653-8281 TO 18173832066 P.04 Alternate No. 1. Provide marker boards in Classrooms #201,202,203,204 and 217. i\.UU to :Dalie :DIU me: rouOWUIg <I.IIloun~; . J jW.o 71k>v'7A-;t.ID -r/..ulC> 6::..(./..uIP~ Dollars ($ ,It ~ /DO e '=>). \ Alternate No.2. Provide millwork, rough in and sink installation in room #213. Refer 021 A3. Add to Base Bid the following amount: ) .A-"I/I/~ ~A/IDPU? c'" , r/F'TV fWo -/ Dollars ($ 9S-,?, ~D ). Alternate No.3. Provide gas lines and gas cocks to Room #214. Refer to M.E.P. sheet. Add to Base Bid the fO~~J""am~t!1/1/.o~ .~ P/F'Z Dollars ($ o.s-~. PP). Alternate No.4. Extend existing millwork in Classroom #210. Refer to elevation 01/ A3. Add to Base Bid the following amount: ~ 7';;i,/eJ1/'5R/l/d/ .,J. 9,eJ/€.-ZJT.V . /' ~~ Dollars ($ /07.'3, 0<::>). Alternate No.5. Provide electrical outlets at classroom #204 on all walls at 48" on-center and 42" AF.F. Add "" lLuoA IUd <hA Eollo~....t' . --J""Wo iV{P~.~ -1"e.t/~'5I: //YL ollars ($ A:7S; p~ ). Alternate No.6. Provide all new 2' x 4' layin ceiling tile throughout arellS"indicated on RCP Plan 2/A2 and ground floor entry corridor. Existing ceiling grid to remain, remove all wall paint and debris from existing grid. Add to Base Bid the following amount: I r/vt- 7~V#A;l/tO .*-" e/~,~~& ?/.x- Dollars ($5 ~ ~ 6 . J2.Z> ). 12 June 1992 Bid Proposal Form - 2 CAA 92029.00 . JY~"l~-l~~~ 11;U~ r~UM ~HH b~~-~~~l IU It:ll(..jt:l'':''::;;l:::Jbb r-.IQ~ Alternate No.7. Time of Completion. Substantial completion of the entire work prior to midnight August 15, 1992. Deduct from the Base Bid the following amount: ~ h'1ve.. r#e:;t.7.:'iA/v,?J ~ ~ Dollars ($ /,!JO.!/. ;rD ). \. Bid Security: Bid security accompanies this bid. Bid security is made payable to the City of Denton in the ~ount Of five D~rcent (5%) of the Bid sun;L S~curity shall be either a certified check, cashier's check or bid bond by surety licensed in Texas. Enclosed with this proposal is bid-security in the Sum of ~ JJ17 - e} ,-;::: <<91" 15 I f7 Dollars ($ ). Time of completion: The undersigned agrees to commence work under this contract within 10 days of receipt of written Notice to Proceed from the Owner, and to substantially complete the entire work for the project as follows prior to midnight August 1, 1992. Addenda: The undersigned hereby acknowledges receipt of the following addenda to the Drawings and Specifications, all of the provisions and requirements of which addenda have been taken into consideration in the preparation of this Proposal Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. / dated 6./~-~~ dated dated dated dated Attachments: The undersigned hereby acknowledges attachment to this Proposal Form a current and complete AIA Document A30S Contractor Qualification Form. 12 June 1992 Bid Proposal Form - 3 CAA 92029.00 . ---------.- ---------- --------- -------.----- --------- ------- . -- -._- '_...'.'7'"'7"..'..-......."'~"-' ..".-... .....- "._.~...........- J[jN-12-1 ";1',2 lb: 4~, i=RO;'l ':ORGHi I ",,,.:;,OC. HRCHITECTS TO lS17:;32..ae=,~ =.07 D JUNE 17. 1992 ate: Signed Title JO 1!tP1i ALLEN, VICE-!RESIDENT Name of Firrn SOUTHWEST INDUSTRIAL CONSTRllr.TORS INC. " Organized as a; Proprietorship Partnership xx Corporation Under the law of the State Of: TEXAS (Mark one) y Legal Address; 121 EXPOSITION STREET DRNTON. TF.YA~ 7fi?Ol:l (Date) JUNE 17, 1992 Telephone No. 817 -5 66-189 9 If Bid is by a corporation, affix seal above address. END OF BID FORM 12 June 1992 Bid Proposal Form - 4 CAA 92029.00 --------------------------- ------------------------ ----------------------- "~I 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. 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 to 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 counection 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 wmrnOLD 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 UABlllTY 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. \ 3 June 1992 SUPPLEMENTARY CONDmONS - 6 fM..- ,.,vSJP.fXJU. 12..fl nWA't.rVC I!... ON L'I S~"- f,"-VJ(vc.;1 ""4NUI).L- CAA 92029.00 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. 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 to 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 CONTRACfOR'S UABILITY 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 "An 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. \. 3 June 1992 SUPPLEMENTARY CONDmONS - 6 fI/fI.-- HVSvl!f:WVL 1!..11."''''''-JuJG''-. ON L'f ",ItL fMJ '--Dr """''l-fV Lifl.<-..- CAA 92029.00 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; Add the following Clauses 11.1.1.8 and 11.1.1.9 to Subparagraph 11.1.1: 11.1.1.8 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: 1. Premises Operations (including X, C and U coverage as applicable). 2. Independent Contractor's Protective. 3. Products and Completed Operations. 4. Personal Injury Liability with Employment Exclusion deleted. 5. Contractual, including specified provision for Contractor's obligation under Paragraph 3.18. 6. Owned, non-owned and hired motor vehicles. 7. Broad Form Property Damage including Completed Operations. 11.1.1.9 If the General Liability coverage is provided by a Commercial General Liability Policy on a claims-made basis, the policy date or Retroactive Date shall predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverage required to be maintained after final payment, certified in accordance with Subparagraph 9.10.2. Add the following Clause 11.1.2.1 to Subparagraph 11.1.2: 11.1.2.1 The insurance required by Subparagraph 11.1.1 shall be written for not less than the following limits, or greater if required by law: 1. Worker's Compensation: (a) State: Statutory (b) Applicable Federal: Statutory 2. $500,000 per Accident $500,000 Disease, Policy Limit $500,000 Disease, Each Employee 3. Comprehensive or Commercial General Liability (including Premises- .~ Operations; Independent Contractors' Protective; Products and Completed Operations; Broad Form Property Damage): Employer's Liability: (a) Bodily Injury: $500,000 Combined single limit each occur. $1,000,000 Combined single limit policy aggregate 3 June 1992 SUPPLEMENTARY CONDmONS - 7 'F{)fL. ),vSu!2.IY>J(f... tt'1.-r"~r"('{" ONL,! Silk- f fl.o J furl TV> c,rJ u fl.<- CAA 92029.00 (b) Property Damage: $500,000 Combined single limit each occur. $1,000,000 Combined single limit policy aggregate ( c) Products and Completed Operations to be maintained for two years after final payment: $500,000 Aggregate (d) Property Damage Liability Insurance shall provide X, C and U coverage. Property damage deductible not to exceed $500 per occurrence. (e) Broad Form Property Damage Coverage shall include Completed Operations. (f) Coverage to be extended to include the interests of the Architect and his consultants. 4. Ccmtractual Liability: (a) Bodily Injury: $500,000 Each Occurrence $500,000 Aggregate (b) Property Damage: $250,000 Each Occurrence $500,000 Aggregate 5. Personal Injury, with Employment Exclusion deleted: (a) Coverage: $500,000 Each Person Aggregate $500,000 General Aggregate 6. Business Auto Liability (including owned, non-owned and hired vehicles): (a) $1,000,000 Combined single limit each occurr. 7. Umbrella Excess Liability: (a) Over Primary Insurance: $1,000,000 Each Occurrence Add the following Clauses 11.1.2.1 and 11.1.2.2 to Subparagraph 11.1.2: 11.1.2.1 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. 11.1.2.2 Contractor shall not commence work at the site under this Contract until he obtained all required insurance and submitted appropriate certifications. 3 June 1992 SUPPLEMENTARY CONDmONS - 8 p.:;(L ,rJsv/1.l}orJ0fl.- f?-I!-FIi/UNCAf... OIVvy .,; 1'.lC Pf'D1fi-c;7 0--> &,Jv;1-L- CAA 92029.00 Add the following sentence to Paragraph 11.1.3: If this insurance is written on the Comprehensive General Uability policy form, the Certificates shall be AlA Document G705, Certificate of Insurance. If this insurance is written on a Commercial General Uability policy form, ACORD 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 1i.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: 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 ofthe 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 3 June 1992 SUPPLEMENTARY CONDmONS - 9 yff(L IN5U/2.f<NUL Q.flF~C"- 07<}(..i S il..1l- P (l.o 5, fi..c. 7 r<\ "'" vIK...- CAA 92029.00 .r" .. ". ... . .~~.,...,.. :;'-@t::tt:;:::%<~.:;';:;%;:;.~-'-'<<-<'='0"""".:::.<:::''::;;':::.'.<::;::>.'.v,,:::;;::~;;::<,:::::$":{::=<i.:::~:::%~:@.;.~~n%::%%:~:;?;~~:;;:t.;:;%ii:>~::';:~<'.<:=-<~;::;::::::.~.~.~:"<:?.<~::f:;~4::::::i;;%?""-::$:;:.<.~<<;:>'<<:#$?t.~~::F~;:'::::'~!';::::::::-:::::.::^<,::,=,::;;;:'<<;:::N;:S'><??!.::':X<<""~',; ';1 A~~~~lrlt~'lltliIEI'IIJ'Il;llEi1tIlRIj!INSURIN~E:mi;tt!;(i\;;J*11\i;1ti;irmijlltfi~it!n!il: ~E DATE (M""'DNY) tL<')"")':<'S::'SM:::;~~";:::~w,~nntk~n~t@IDf~flm~f~Hlttft$@Hh*tti{t~Atdnt~*Mf&.rd*:ttt~n~@~%tM%;%@n~*t~t#tlt~wwt~fWt~M1aW~~ngj21tfmf.t~MMil..~........ .. ~~~............m ..... PRODUCER . THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Ramey King .. Mlnnla lnau...... 101 S. Loculi SUite 707 Denton .............. .... COMPANY A lETTER COMPANY B lETTER COMPANY C lETTER COMPANY D lETTER COMPANY E lETTER TX 76201- CODE SUB-CODE ","'REO SoIllhwaal Industrial Constructors Inc 121 Expoalllon Denlon TX 76201- COMPANIES AFFORDING COVERAGE New Hampahlre lumbannena Mutual Trinity ~9iY!.'}'~~'{'H:Jt@~ltitH~Hlnill~:iiliMl%;@ilit~~kt~1*iliMMili~iH{tl~kiU:~:Hnilim:llifmi~m:HMiW#illHnUf@g:~'mtWHtnntm.nH.d~l:SMHH:~lilint}mili*WMHn%tM1NH:Hr~WHri~mm~ THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CDNDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AfFORDED BY THE POUCIES OESCRIBED HEREIN IS SUBJECT TO All THE TERMS, ..EJ(CLUSI.O~.~..A~t:l..C.<:>~t:l.I.T1.Cl~.~..ClF...~~C.~~.Cl\J.ClIES:... t,t~ITS SHOWN .MAY HAV.E BEEN BEDUCED.BY PAlO. CLAIMS.. co~ L1R; POLICY NUMBER . POlICY EFFECTIVE POlICY EXPIRATION DATE (MMnJDNY) DATE (f.4MJtlDIYV) LfotITS lYPE OF INSURANCE ~ GENERAl. UABUTY A X . COMMERCLAJ.... GENERAL LIABILITY TCP7545201 TCP7545201 10101/91 10/01/91 ~ """.".}. L . ClAIMS MADE . . X .oCCUR. (L.X : OWNal~ & CONlRACTQR'S PROT. . II X : BROAD FORM CONTRACTUAL BINDER 03123/92 Il AlJTOIOlBLE L1ABLnY ANY AUTO ALl OWNED AUTOS SCHEDULED AUTOS ; HIm:D AUTOS . NON-OINNED AUTOS j GARAGE LL4B1L1TY BA7545200 10101/91 B EXCESS UABUTY X ~ UMBRElLA FORM : QlliER THAN UMBRElLA FORM UL3270390 10/01/91 " WORKER'S COMPENSATION AND 3BA011087-GO 10101/91 EMPLOYERS' LIABUTY ; OlliER 1. INLAND MARINE SPF1410923 10/01/92 DESCRIPTION OF OPERATIONSI\.OCATIONSlVEHICLESlSPECIAl. ITEMS 10/01/92 10/01/92 GENERAl AGGAEGAlE ~s : PRODUCTS-COMP/OP AGel :$ ............;... : PERSONAL & ADV. INJ.JRY ~s . EACH OCCURRENCE .....~~.. . : FIRE DAMAGE (Anyone fire) ~$ . MED. EXPENSE (Anyone person):$ .. h. .......................... ~ COMBINED SINGLE : LIMIT 09/23/92 10/01/92 .... .......... . BODILY INJURY . (Pel pEIrson) ...........;.. ; BODILY INJURY ~ (Per accid&nl) ~ PROPERTY DAMAGE 10/01/92 ; EACH OCCURRENCE AGGREGATE 10/01/92 STATUTORY LIMITS ................ EACH ACCIDENT DISEASE . POLICY LIMIT DISEASE - EACH EMPlOYEE '. ...:~ . " 10101/93 BTD#l388-Cook County Collega Conslructlon .. 200000O 100000o ... .h 100000o 100ci000 . 50000 5000 100000o '. =$ :. :. :. 100000o 100000o 500000 500000 500000 l2"..!lffl!""tMP.,~,;mtilnU%%%il\;;;iIJ\i\Wl1#l#@mllWl+;ggl!l~,~~~,~~~~~;~;'~:~11~;~~;~:;~(;:;;~i~~:~;j~:ii:i~~~~::;;i;::::i;i;RniiWk1t@ City of Denton m~ EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO :l'1~:'. ~~L f' MAIL ~ DAYS WRlffiN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Denton TX 76201. T LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATlON OR '0' UABIUTY OF ANY KIND UPON THE COMPANY, ITS fl"GENTS OR REPRESENTATIVES. ;.,:..;. . lilt if:". AUTHORIZED REPRESENTATIVE " r ~ tt . ~ lPP~'fl1~!(t.... tlimM;;;;;;;;n@iimilMiii;1:f2:fgtSHiil@IJii/;ri';n)l!;: ;.";1iWV ...."';;;i+++ .,n;;),lM!ti\l1H~~c)j.. .;~f91iA'l!qijM,*\'!1