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1991-026ORDINANCE NO -QA AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has solicited, received and tabulated com- petitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances, and WHEREAS, the City Manager or a designated employee has receiv- ed and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or im- provements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the con- struction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as be- ing the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 1215 Floyd Smith $ 58,551 00 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Propos- als, and documents relating thereto specifying the terms, condi- tions, plans and specifications, standards, quantities and speci- fied sums contained therein SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council here- by authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective im- mediately upon its passage and approval PASSED AND APPROVED this the i~day of 1991 BOB CASTLEBERRY, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY ✓ ~.VQ pd~ APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY k BY r a PAGE 2 DATE February 19, 1991 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID #1215 - SCRIPTURE STREET PAVING IMPROVEMENTS/ CONCRETE WORK 11E2QMMENDA1IQI3 We recommend this bid be awarded to the low bidder, Floyd Smith in the total amount of $58,551 00 SUMMARY This bid is for the labor, materials and supplies to complete concrete sidewalk, curb and gutters and other improvements to a section of West Scripture Street RAMR21L32 Tabulation sheet, Memorandum from Jerry Clark dated February 11, 1991 PROGRAM,~~_REPARTMENT_OR__GROLIPS~_AFFECTED Engineering Department and Citizens utilizing this area FIRCAL_IMPAE,T Funds for this project will come from Bond Fund #434-002-SB85-8514-9105 Respectfully submitted 4 V H r C1 y Manager Prepared by Name --Denise p- H-ayp---o o-l -yn Namr" Title Senior Buyer Approved _ Name Tom D Shaw, C P M Title Purchasing Agent DH/jh 124 DOC BID # 1215 I I I I I I BID NAME Scripture St Paving I I I JORDON I FLOYD SMITH I I LARRY MANNING Improvements/Concrete Work I CONSTRUCTION 1 I I I INC I OPEN DATE February 5, 1991 I I I I I I ITEM DESCRIPTION I VENDOR I I I VENDOR I VENDOR I Total per Specifications I I I I 1 $72,862 72 1 I I $58,551 00 I I 1 $61,231 25 I Bid Bond? (Yes/No) I I I YES I I I YES I I YES I CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON TEXAS 76201 / TELEPHONE (817) 566 8200 MEMORANDUM DATE February 11, 1991 TO Tom Shaw, Purchasing Agent FROM Jerry Clark, Director of Engineering & Transportation SUBJECT Bid #1215 - Scripture Street Concrete Work We reviewed the bids received on February 5, 1991 The low bid of Floyd Smith ($58,551 00) is an excellent bid our inhouse estimate was significantly higher so we recommend approval Floyd Smith is a local contractor with an excellent reputation and proven performance in the City of Denton 7T y C r 0957E SZ I !,I l I u d IDA l -A CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF nEUTnN ) ( err-02~ THIS AGREEMENT, made and entered into this 19 day of FEBRUARY A.D., 19 91, by and between THE CITY OF DENTON of the County of DENTON and State of Texas, acting through O°^ ` HARREL thereunto duly authorized so to do, hereinafter termed 'OWNER,' and FLOYD GLENN SMT.TH 1519 WILLOWOO'2 DRa. TENTON TEXAS 76205 of the City of DENTON , County of DEN ON 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 #1215 SCRIPTURE ST PAVING TMPROVEMENTS-CONCRETE WORK in the amount of $58.551.00. Purchase order #12301 and all extra work in connection therewith, under the terms as stated in. the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and CA-1 01145 " _`other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON ENGINEERING STAFF ' all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status it is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any. and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the state of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 0114s IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ,ATTEST:, CITY OF DENTON OWNER By (SEAL) *FLyD SMITH CONTRACTOR By.o% Title (SEAL) APPROVED AS TO FORM: 'Cr Attorney CA-3 O114s PERFORMANCE BOND Bond No. 698-1054 STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That FLOYD GLENN SMITH , of the City of DENTON County of DENTON , and State of TEXAS as PRINCIPAL, and Universal Surety of America as SURETY, authorized. under the laws of Zhe 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 FIFTY EIGHT THOUSAND FIVE HUNDRED FIFTY ONE AND NO/100---------------Dollars 58,551.00 ) 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 19 day of FEBRUARY , 19 91, for the construction of BID 111215-SCRIPTURE ST. PAVING IMPROVEMENTS CONCRETE WORK in the amount of $58,551.00. which contract is hereby referred to and made a dpart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-1 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in 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 18 day of March , 1991 . Universal Surety of America Principal By Title Address (SEAL) The name and address of the Resident Agent Randall L. Minnis Ramey King & Minnis Insurance F (SEAL)` of Surety is: =r3- ti 707 First State Bank Bldg., Denton, Texas 76201 NOTE: Date of Bond must not be prior to date of Contract. P B-2 rettyy D~ Randall L. Minnis Title Attorney-;n-fact Address 1812 Durham Houston, Texas 77007 0091b PAYMENT BOND Bond No. 698-1054 STATE OF TEXAS COUNTY OF DENTON )C KNOW ALL MEN BY THESE PRESENTS of the City of That _ DENTON FLOYD GLENN SMITH I County Of DENTON and State of TEXAS as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto THE CITY OF DENTON OWNER, in the penal sum of _ FIFTY EIGHT THOUNSAND FIVE HUNDRED FIFTY ONE AND NO/100 Dollars ($58,551.00 ) 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 entered into- a certain written contract with the Owner, dated the 19 day of FEBRUARY , 19 91 . to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosection of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB-3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications. or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 18 day of March 19 91 Universal Surety of America Principal uret0y By Randy 3.L. Minnis Title Title Attorney-in-fact Address Address 1812 Durham Houston, Texas-x77007 (SEAL) The name and address of the Resident Agent c RandalliL. Minnis Ramey Kin & Minnis Insurance 707 First State Bank Bldg., Denton, Texas 76201 PB-4 0092b MAINTENANCE BOND STATE OF TEXAS )C COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT FLOYD GLENN SMITH as Principal, and 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 ssors the City of Denton, A Municipal Corporation of the StateFlVF. THOS, itsIGHT HUNDRED and assigns, at Denton, Denton County, Texas.the sum of 10Y of FIFTY FIVE AND 101100-------------- Dollars 5.855.10 the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and asssigns-, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said FLOYD GLENN SMITH has this day entered into a written contract with the said City of Denton to build and construct BID #1215-SCRIPTURE ST PAVING IMPROVEMENTS CONCRETE WORK which contract and the plans .and. specifications ..therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, and: WHEREAS, under the "said plans, specifications,- and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on-account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. MB-1 0093b NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF the said as Contractor and Principal, has caused these presents to be executed by and the said Universal Surety of America as surety, has caused these presents to be executed by its Attorney-in-Fact Randall L. Minis and the said Attorney-in-Fact has hereunto set his hand this day of , 19_ SURETY: BY: Randall L. Minnisc Attorney-in-Fact PRINCIPAL: MB-2 0093b UNIVERSAL SURETY OF AMERICA 1812 Durham, Houston, Texas 77007 Bond No. 698-1054 For verification of the authority of this power you may telephone (713) 863-7795. GENERAL POWER OF ATTORNEY - CERTIFIED COPY Know 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, Texas, does by these presents make, constitute and appoint Randall L. hlinals - its true and lawful Attorney(s)-in-Fact, with full power and anthotity hereby conferred in its name, place and stead, to execute, acknowledge and deliver bonds for: - Floyd Glenn Smith dt>a Fiovd Smint Concrete Comractor Principal t. Obligee ON of Demon An scam 58 551 W - and to bind the Company thereby as fully and to the same extent as if suit bonds were signed by the President, sealed with the corporate sea! of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do within the above stated limitations. Said appointment is made under and by authority of the following resolution adopted by the 13owd of Directors of Universal Surety of America at a meeting held on the I I in day of July, 1954. - "Be It Resolved, that the President, any Vice president, Secretary or any Assistant Secretary shall be and is hereby vested with full power and atahority, to appoint any one or more suitable persons as Auomey(s)-in-Fact to represent and act for and on behalf of the Company." "RESOLVED that the signature of any officer of the corporations, and the seal of the corporation may be affuod or primed by facsimile to any power of attorney of the corporation, and that such printed facsimile signature and seal shall be valid and binding upon the rorporate In Witness Whereof, Universal Surely of America has caused these presents to be signed by its President, John Knox, Jr, and Its corporate seal to be hereto affixed this 15th day of _ October , A.D., 19 90 UNIVERSAL SURETY ON AMERICA ^ j.` w~•0.'.`r By: J x.d~. f oh President . State of Texas - : . - County of Harris - - - - ,'fry On this 1500 day of October in the year 9B~ before me Wendy W. Stuckey a notary public, personally appeared n who executed the within instrument as President, on behalf of the corpora- Jr, personally known to me to be the perso John Knox, c - tion therein named and acknowledged to me that the corporation executed it. l ft// . s !;(p y~ Xty Notary Puhlle 1, the undersigned Secretary of Universal Surety of America, hereby certify that the shove and foregoing is a full, tree and eonee4 copy of the Original Power of Attorney issued by said Company, and do hereby funkier certify that the said Power of Attorney is still in force and.effem y a v ' GIVEN order my hand and the seal of said Company, at Houston, Texas, this 18 day ut March . 1991 r.r. TOTAL PAGE . 002 %K* INSURANCE MINIMUM REQUIREMENTS INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of-the project should be indicated, and the City of Denton should also be listed on all policies as an additional named insured. . To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change or cancellation shall be given; o The City of Denton shall be an additional named insured on all policies. I. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. The liability limits shall not be less than: o Workmen's Compensation - Statutory o Employer's Liability - Statutory II. COMPREHENSIVE AUTOMOBILE LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property-of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: o A combined single limit of $500,000.00 III. COMPREHENSIVE GENERAL LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. CI - 1 To the extent the contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property, The liability limits shall not be less than: o A combined single limit of $500,000.00 IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This insurance shall provide coverage for the owner and its employees, in the name of the City of Denton, for liability that may be imposed. arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts of the Owner._ Although this insurance is strictly for the benefit of the-Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: o A combined single limit of $5001000.00 INSURANCE SUMMARY: The Contract shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of- cancellation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self-insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the owner has reviewed and approved the insurance certificates and so notified the Contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI - 2 Naine:and -Address of Agency Ramey King G biinnis 707 First State Bank Bldg Denton, Tx. 76201 Phone 817-382-9691 Name and Address of Insured: Floyd Glenn Smith DBA Floyd Smith Concrete Contractor, P.O. Box 1781 Denton, Tx. 76202 Phone City of Denton Reference: Project Name: Project No: Project Location: Managing Dept: Companies Affording Coverage: A Trinity Universal B C This is to certify that: 1) Policies of insurance listed below have been issued and are in force at this time.. 2) The City of Denton is listed as an additional insured as to all applicable coverage. :ompany Expiration Limits of Liability otter - Tuna of Inuiranro Pa Iiev Number Date in Thousands (000) Comprehensive General Liability Occurrence A xx r GL7474918 5/1/91 rence Occu - Claims Made (see #4-Page CI-4) Bodily Injury ' $ Broad Form to Include: Property Damage $ - Premises/Operations - Independent Contractors - Products/Completed Operations Bodily injury and Property - Personal injury Damage Combined $ - Contractual Liability(see #3-Page CI-4) - Explosion and Collapse Hazard General Aggregate 1,000 - Underground Hazard - Liquor Liability Coverage Products Aggregate - Fire Legal Liability (see #5-Page CI-4) Personal & Advertising 500 - Broad Form Property Damage Each Occurrence 500 - Professional Errors/Omissions - occurrence - claims made (see #4-Page CI-4) A Comprehensive Automobile Liability TCA6563214 5/1/91 Bodily Injury/Person Bodily Injury/Accident t t -.Owned/Leased Automobiles Property Damage - $ - Non-owned Automobi les - Hired Automobiles - - Bodily Injury/Property Damage Combined f 1,000 J A - Workers' Compensation and ers' Liabilit Em lo WC8273085 5/1/91 St10095r~t 0 aunt y p y each accident A - Owners' Protective Liability New App 3/18/92 500 Other Insurance Description of Operations/Locations/Vehicles. Each policy shall 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. unit Lb~utu CITY OF DENTON, TEXAS PURCHASING AGENT 901-B TEXAS ST. U R ZE EPR SENIATIVE DEMON, TEXAS 16201 PAGE Cl 4 ATTACHED. $ UN 40CIN12 DEFINITIONS 1. ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not 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. 3. CONTRACTURAL 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 - 4 1 11 PROPOSAL TO THE CITY-OF DENTON, TEXAS FOR.THE CONSTRUCTION: OF WEST SCRIPTURE STREET CONCRETE WORK IN DENTON,.'TEXAS- BID #-L215 The undersigned, as> bidder,, declares. that the, only person or parties interested in this: proposal as. principals. are those name& herein, that this proposal is made-without collusion with any- other person,. firm. or: corporation;. that he has carefully examined.the:form:of contract, Notice to Bidders,. specifications and. the plans- therein. referred- to, and. has carefully examined' the locations:,. conditions, and classes of materials of the propose& work and, agtees that. he-will. provide all. the necessary labor, machinery; tools apparatus, and` other items incidental to: construction, and will do: all the work and furnish all the, materials. called for in. the contract- and specifications- in the manner prescr1bedc herein. and, according. totherequirements% of the city as therein:set forth. It is understood that the following: quantities of work: to- be done at unit prices: are-- approximateonly, and are intended principally to serve as=a guidezin.evaluating bids.. It is, agreed' that the quantities of work to: be done at unit prices an& material. to, be furnished; may be increase& or diminished as may be considered necessary,. in the. opinion of they City, to completer the- work fully as planned an& contemplated,. and, that all quantities, of work. whether: increased'. or decreased. are to be,- performed. at the unit prices. set forth. below except.as provided'.for: in. the,specifications:. It. is: further agreed that lump, sum. prices may be increased. to cover additional. work: ordered. by the. City. but not shown on the plans or required: by the specifications. in accordance with the provisions- to. the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered.. It is understood and agreed that the work is. to be completed in full within the number. of work.days shown on the bid tabulation. sheet. P - 1 --Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of. the. total bid.. It is understood that the bid security accompanying this proposal shall be returned. to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner', and shall-be. considered as a payment for damages due to delay- and other- inconveniences suffered by the Owner on account of such: failure- of the bidder.. Owner reserves the- right to reject any and. all bids. Owner may investigate the. prior. performance of bidder on. other contracts;, either public or private. in. evaluating: bid. proposals.. Should -bidder- alter, change, or- qualify any specification- of the, bid,. Owner may automatically, disqualify, bidder.. The undersigned hereby proposes- and agrees to perform all work of-whatever nature -required, -in strict accordance with the plans. .and.specifications,. for: the following suw or.prices., to wit: P - 2 ' West Scripture Street Concrete Work BID TABULATION SHEET Contractors Warranties Barricades, Warning Signs PO✓ NO- 1 P-3 7A.A-2 1 6' Inlet. Throat 1 9 1' RA 1 x LJJ•UYV&, 1 e- •~U I I I I E' / I E' *This item may replace item 3.10.T'(Hydromilch) at the City of Denton'srdiscretion_ BID SUMMARY TOTAL BID PRICE IN WORDS Fifty-eight thousand five hundred fifty-one and n0/100 In the event of the award of a contract to the undersigned, the undersigned: will furnish a performance. bond and a payment bond for: the. full. amount. of the. contract, to secure proper compliance with the terms and, provisions of: the contract, to insure, and guarantee the. work until final completion and.. acceptance, and to- guaranteepayment for all lawful. claims for' labor performed and. materials furnished in:. the fulfillment: of the contract.. It is understood, that the work proposed. to be done shall be- accepted, when fully completed, and finished in accordance, with the plans and specifications, to the satisfaction of the Engineer.. The. undersigned, certifies: that the bid prices contained in. this, proposal have: been carefully checked. and are submitted as: correct and, final. Unit and lump-sum- prices, as shown; for each. item, listed' in this. proposal, shall control.over.extensions Floyd Glenn Smith CONT R BY~ 1519 Willowood Dr. Street Address. Denton,_ Tesas 76205 C ty an : State Seal.S Authorization (If: a Corporation) (817)-565-0114_ Te ephone 3 1