2003-260ORDINANCE NO. ~-(ffO 0
AN ORDINANCE ACCEPTING SEALED COMPETITIVE PROPOSALS AND AWARDING A
CONTRACT FOR CONSTRUCTION SERVICES FOR THE CITY OF DENTON; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE (RFSCP 3016-PURCHASING OFFICE RENOVATION AWARDED TO SMITH
CONTRACTORS, INC. IN THE AMOUNT OF $157,000).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
the purchase of Construction Services in accordance with the procedures of State law and City
ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the items in the following numbered request for proposal for materials,
equipment, supplies or services, shown in the "Request Proposals" on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFSCP
NUMBER CONTRACTOR AMOUNT
3016 Smith Contractors, Inc. $157,000
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted proposals, the City accepts the offer of the persons submitting the proposals for such items
and agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums conta'med in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. That should the City and person submitting approved and accepted items and
of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, the City Manager or his designated representative is hereby
authorized to execute the written contract; provided that the written contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the
Proposal and related documents herein approved and accepted.
SECTION 4. That by acceptance and approval of the above numbered items of the submitted
proposals, the City Council hereby authorizes the expenditure of funds therefor in the amount and in
accordance with the approved proposals or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~'~~/'~L/ day of~, 2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into ttds
A.D., 2003, by and between c~i~ nf Bentnn
of the County of 13entnn and State of Texas, acting through Michael A (2nndnff
thereunto duly authorized so to do, hereinafter termed "OWNER," and
gmith (~nntraetnrg
day of Reptemher
of the City of Garland
County of Dallas
and State of Texas
, hereinafter termed "CONTRACTOR."
WlTNESSETH: 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 attached hereto, CONTRACTOR hereby agrees with OWNER to
commence and complete performance of the work specified below:
RFRCP gO1 ti - Rennvatinn nf l:h~reha~ing Offlee Pro?et in the mount of $1 ~?,o{313
and all extxa 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 Offerors
(Advertisement for Proposals), Instructions to Offerors, and the Performance and Payment
Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, and the Specifications therefore, as prepared by:
W~A Arc. hiteet~,
all of which are made a part hereof and collectively evidence and constitute the entire contract.
CA - 1
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 claim.q and demands.
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the date established
for the start of work as set forth in written notice to commence work and complete all work
within the time stated in the Proposal, subject to such extensions of time as are provided by the
General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown in the Proposal, which forms a part of this contract, such payments to be subject to the
General and Special Conditions of the Contract.
CA - 2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
in the year and day first above written.
ATTEST:
C~ity nf D~ntnn
OWNER
(SEAL)
CONTRACTOR
MAILING ADDRESS
PHONE NUMBER
F~ N~BER
TITLE
CITY AT~
PRINTED NAME
CA - 3
(SEAL)
PERFORMANCE BOND ~ NO. 910193
STATE OF TEXAS §
BOND EXEO3'i'~ IN FEER (4) ORIGINALS
COUNTY OF DENTON §
KNOW AI,I. MEN BY THF_,SE PRESENTS: That ,qmlth (~nntr.~tnrl, Ina e
address i~ 5~?.6 .l.ynn~ l~r~gd t~.grlgna1~ ?qC 7Srl~i hereianf~ called Principal, and
Caoitol Ind~tv Co _rpora~iorl t./' ' , a corporation organized and
existing under the laws of the State of wisconsiq and fully authorized to transact bnsin~ss in
the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal
corporation orgz-i?ed .nd existing under the laws of the State of Texas, hc~e~0after called
Owner, in the pe..mal sum of o.. I-l,,.dr~ l~i~y-.~.w. Th.,,..nd r~OLLARS"and ~ Cents
($1s7.~ qO)/-].-~plns ten percent of t~e stated penal sum zz an ad4itioml s~n of money
representing additio-.] court expenses, aRorneys' fees, and liquidated damages a~ising out of
or connected with ~he below identified Contract, in lawful money of the United States, to be
paid in Denton County, Texas, for the payment of which sum well and truly to be made, we
hereby bind ourselves, our heirs, executors, adi~stra~ors, successors, and assigns, jointly
and severally, firmly by these presents. This Bond shnl! automatically be increased by the
amount .of any CbanEe Order or Supplemental Agreement which increases the Contract price.
but inno event shall a Change Order or Supplemental Agreement which reduces the Contract
price decrease the penal sum of thi.~ Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the
Principal entered into a certain Contract, identified by Ordinance Number
with the City of Denton, the Owner, dated the ?~ any of .~.pf~,~h.,- A.D.
copy of which is her!~o attached n~rl made a part hereof, for nl~c'o ~fll~ -
NOW, THEREFORE, if the Principal shall wen, Italy and faithfully perform and fulfill
all of the nndertaldnas, covenants, terms, conditions and agreements of said Contract in
accordance with the Plans, ~.cificafions and Contract Documents during the original term
thereof and any exteminn thereof which may be granted by the Owner, with or without notice
to the Surety, and during the life of any guaranty or warranty required under this Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, term.s, conditions
and agreements of any and all duly authorized modificatiom of said Contract that may
hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the
Principal shall repair and/or replace all defects due to faulty materials and work'man~hip that
appear within a period of one (1) year from the date of (in~l completion and final acceptance of
the Work by the Owner; and, if thc Principal shall fully indemnify and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
herein and ~hall fully reimburse and repay Owner all outlay and expense which the Owner may
incur in making good any default or deficiency, then this obligation shall be void; otherwise, it
shell remain in full force and effect.
PB - 1
PROVIDED FURTHER, that if any legal action be ~ed upon this Bond, exclusive
venue shall lie in Denton County, State of Texa~.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the t~lms of
the Con~act, or to the Work to be performed thereunder, or to the Plmm, Specifications,
Drawings, etc., accompanying the same, shall in anywise affect its obligation on thh 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, or to the Plans,
Specifications, Drawings, etc.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicable staW_tes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may bc delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article ?. 19-1 of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in four copies, each on,~of
which shall be deemed an original, fids the 2nd ,~y of September , 2003~'
ATTEST:
PRINCIPAL
Smith Coh~ractor$,
BY:
Collin
SURETY
Capitol I ndemnit~//rporation
AT¥~RNEY/IN-FACT
Kathy R. Zacharek
The Resident Agent of the Surety in ~ County, Texas for delivery of notice and service
of the process is:
NANIE: Cheryl L. Humphrey
STRBL~rADDRESS: 1621 Winding Creek Road, Prosper, TX 75078
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a
corporation, give tt person's name.)
PB - 2
PAYMENT BOND BOND NO. 910193
STATE OF TEXAS §
BOND EXECCT~D IN FOUR (4) ORIGINALS
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: .That Rmlth f'nntrnetnrs. Inn
whose address in ~q96 I.vnnu/i~and Corlnnd TY 75043 ~ herelnater called Principal, and
Capitol Ind~rait¥ Corporatio~corpor~tion orga~ed and existin_o under the laws of the Slate of
Wisconsin .. and fully authorized to transact business in the State of Texas, as Surety, are
held and fumly bound unto the City of Denton, a municipal corporation organized and existing
under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and
corporations who may furnish materials for, or perform labor upon, the building or
improvemems/here, inaft~' rcfe~ed to, in th~
'r~,,,~.na --DOLLARS and AIn C~nm, ($~,~'7~ ~.Wfn lawful money of the United States, to
b~ paid in Denton, County, Texas, for the payment of which sum well and truly to be made.
we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly
and severally, fnmly by these presents. This Bond slmll antomatically be increased by the
amount of any Change Order or Supplemental Agreement which increases the Contract price,
but in no event sh~ a Change Order or Supplemental Agreement which reduces the Contract
price decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the
Principal entered into a certain Contract, identified by Ordinance N-tuber 9.~-~
with the City of Denton, the Owner, dated the ?rd day of .~pt~h~- A.D. 9'oo~ ~
copy of which is here/to attached and made a part hereof, for l~.qc~p ~B'ltl - 1A,rah.~in~
Offie~ ~ennv.tinn ~
NOW, THEREFORE, ff thc Principal shah well, truly and faithfully perform its duties
and make prompt payment to aH persons, firms, subcontractors, corporations and claimants
supplying labor and/or material in the prosecution of the Work provided for in said Contract
and any and all duly authorized modifications of said' Contract that may hereafter be made,
notice of which modifications to the Surety being hereby expressly waived, then this obligation
shall be void; otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue
shall lie in Denton County, Texas.
PB - 3
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, ai~eration o~ .addition to the terms of
the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications,
Drawings, etc., 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 t~ms of the Contract, or to the Work to be performed thereunder, or to the Plans,
Specifications, Drawings, etc,
This Bond is given purs~mn? to the provisions of. Chapter 2253 of the Texas
Government Code, as amended, and any other applicable statute~ of the State of Texas.
The undersigned and designated agent is hereby designated by the Sur~y herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters axising out of such suretyship, as provided by
Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument i~ executed in four copies, each one o~
which shall be deemed an origk~l, tiffs the 2nd day of Sevt~er , 2001 '
ATTEST:
BY: E~
PRINCIPAL
Smith Contractors, Inc. /
PRESIDENT
ATTEST:
SURETY
The Residem Agent of the Surety in ~ County, Texas for delivery of notice and service
of the process is:
NAME: Cheryl L. Humphrey
STREET ADDRESS: 1621 Windin9 Creek Roadt Prosper, TX 75078
(NOTE: Date of Payment Bond rnu~t be date of Contract.
corporation, give a person's name.)
PB - 4
If Resident Agent is not a
INDI M IT¥ COI POP TIO
POWER OF A~ORNEY No: ¢ ¢ 4 9 9 1
. : =...Khbwall:'~men~'~$eT;P~en~$~:..~t:-th~C~PiTOLINDEM~l~'co~ORATiON~'
:., corporati6n of:the State:of Wi~cohsih having'tts~prihcip~Foffices~?th~ City~6f~Madi~bn .Wisc6n~in floes make 'constituto
.~ andap~nt _ .'J. ~ · ~ ' .~' ~ ~ ':"'."~'~'"..~} '. ~.~' ;'"" .~.' . ' '. ' · = ~ '.= '" '
[t~ abt add ·
d~d,.aoy and.all b6nds~ O~ contract of .
~ ,pted.: -called and
2002!:.; ..' ~' ~
"' = ['R~SOLVEI~ that {hePreside~t,
and c~rtifl~d
.... - :'IN wrrN
'its officer undecsig .
Attest:: "
- ' Thomas K~ Mani~n.:Trea'sur~r-,"
WI NSI .'
',: 'C~UN~z OF DANE.' ' J' ...... '
On the,:15th da
sworm::did
'. r CAP'ITOL
, ,, a~tached F
::...B0ard 0f:,D!rectPr~, set forth y!,the.P-0w,er of A~ttorngyi~. :.
COREORATE
g upon.the Company
' be:revoked,
ied: by
:Da{AdtE Pa~ly, secret~ry. ~-
that he
;o affixed
?: ' :
INDEMNITY
..... C~Pitbl Ih~emhi~; '~' _'
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 at:
P.O. Box 149104
Austin, TX 78714-9104
Fax # 1-512-475-1771
Your notice of claim against the bond may be given to the surety company that issued the
bond by sending it to the following address:
Mailing Address: Capitol Indemnity Corporation
P.O. Box 5900
Madison, WI 53705-0900
Physical Address: Capitol Indemnity Corporation
4610 University Avenue
Madison, WI 53705
You may also contact the Capitol Indemnity Corporation office by telephone at:
1-608-231-4450
PREMIUM OR CLAIM DISPUTES:
If you have a dispute concerning a premium, you should contact the agent first. If you
have a dispute concerning a claim, you should contact the company first. If this dispute
is not resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR BOND
This notice is for information only and does not become part of condition of the attached
document.
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Offeror's attention is directed to the insurance requirements below. It is highly recommended
that offerors confer with their respective insurance carriers or brokers to determine in advance
of Proposal submission the availability of insurance certificates and endorsements as prescribed
and provided herein. If an apparent low offeror fails to comply strictly with the insurance
requirements, that offeror may be disqualified from award of the contract. Upon proposal
award, all insurance requiremeuts shall become contractual obligations which the successful
offeror shall have a duty to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the
Contractor shall provide and maintain unffi the contracted work has been completed and
accepted by the City of Denton, Owner, the minimnm insurance coverage as indicated
hereinafter.
As soon as practicable after notification of proposal award, Contractor shah ~e with the
Purchasing Department satisfactory certificates of insurance, containing the proposal
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 proposal
opening, since the insurance requirements may not be modified or waived after proposal
opening unless a written exception has been submitted with the proposal. Contractor
shah not commence any work or deliver any material until he or she receives notification
that the contract has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in compliance
with these general specifications throughout the duration of the Contract, or longer, if so
noted:
· Each policy shall be issued by a company authorized to do business in the State of
Texas with an A.M. Best Company rating of at least A.
Any deductibles or self-insured retentions shall be declared in the proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its
officials, agents, employees and volunteers; or, the contractor shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and
defense expenses.
· Liability policies shall be endorsed to provide the following:
Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and that
thi~ insurance applies separately to each insured against whom claim is made
or suit is brought. The inclusion of more than one insured shall not operate
to increase the insurer's limit of liability.
· All policies shall be endorsed to roan'
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN
NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE
POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN
WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED".
Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claimg investigation or legal
defense costs to be included in the general annual aggregate limit, the Contractor
shall either double the occurrence limits or obtain Owners and Contractors
Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City receives
satisfactory evidence of reinstated coverage as required by this contract, effective
as of the lapse date. If insurance is not reinstated, City may, at its sole option,
terminate this agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained in
compliance with these additional specifications throughout the duration of the Contract,
or longer, ff so noted:
IX] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$1 ~ooo.ooo ~lmll 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:
2
[x]
[x]
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
· Coverage B shall include personal injury.
· Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least:
Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures.
Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage
liability.
Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $q(}n. OoO either in a single policy or in a
combination of basic and umbrella or excess policies. The policy will include bodily
injury and property damage liability arising out of the operation, maintenance and use
of all automobiles and mobile equipment used in conjunction with this contract.
Satisfaction of the above requirement shall be in the form of a policy endorsement for:
· any auto, or
· all owned, hired and non-owned autos.
Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to
meeting the minimum statutory requirements for issuance of such insurance, has Employer's
Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a
$500,000 policy limit for occupational disease. The City need not be named as an "Additional
Insured" but the insurer shall agree to waive all rights of subrogation against the City, its
officials, agents, employees and volunteers for any work performed for the City by the Named
Insured. For building or construction projects, the Contractor shall comply with the provisions
of Attachment 1 in accordance with §406.096 of the Texas Labor Code and role 28TAC
110.110 of the Texas Worker's Compensation Commission (TWCC).
3
[ ] Owner's and Contractor's Protective Liability ln.~urance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract. Coverage shall be on an
"occurrence" basis, and the policy shall be issued by the same insurance company that carries
the Contractor's liability insurance. Policy limits will be at least combined bodily injury
and property damage per occurrence with a aggregate.
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less than
each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim with respect to
negligent acts, errors or omissions in connection with professional services is required under
this Agreement.
IX] Builderst Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements. If such additional insurance is required for a specific contract, that
requirement will be described in the "Specific Conditions" of the contract specifications.
4
ATTACHMENT
IX]
Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A. Definitions:
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), .showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) - includes
all persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service related
to a project. "Services" does not include activities unrelated to the project, such as
food/beverage vendors, office supply deliveries, and delivery of portable toilets.
The contractor shall provide coverage, based on proper reporting of classification
codes and payroll mounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all
employees of the Contractor providing services on the project, for the duration of
the project.
C. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
If the coverage period shown on the contractor's current certificate of coverage
ends during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
5
Fo
The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
(1)
a certificate of coverage, prior to that person beginning work on the project,
so the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(2)
no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project·
The contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known,
of any change that materially affects the provision of coverage of any person
providing services on the project.
The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commi.qsion, informing all
persons providing services on the project that they are required to be covered, and
stating how a person may verify coverage and report lack of coverage.
The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
(1)
provide coverage, based on proper reporting of classification codes and
payroll mounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all of
its employees providing services on the project, for the duration of the
project;
(2)
provide to the contractor, prior to that person beginning work on the project,
a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration of
the project;
(3)
provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
6
(4) obtain from each other person with whom it contracts, and provide to the
contractor:
(a) a certificate of coverage, prior to the other person beginning work on
the project; and
a new certificate of coverage showing extension of coverage, prior to
the end of the coverage period, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(5) retain ali required certificates of coverage on file for the duration of the
project and for one year thereafter;
(6)
notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project; and
(7)
contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom the~, are providing services.
By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project, that the
coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the commission's Division
of Self-Insurance Regulation. Providing false or misleading information may
subject the contractor to administrative penalties, criminal penalties, civil penalties,
or other civil actions.
The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.
Arose.. CERTIFICATE oF LIABILITY INSURANCF. = ;
v~d~ponclemt; 'rnev. Eanoe ~oup
Phone: 972-232-827~
091~3/03
THIS GF. RTIflCATE 18 ISSUED AS A MATTER OF IN;ORMATIOtJ
OHLY AND CONFERS NO RIGHTS UPON THE.CERTIFICATE
HOLDER. TI418 CERTIFICATE 0OBS NOT. AMEND, EXTEND OR
ALTER'IHE COVERAGE Al=FORDED BY THE POLI~CIEE BELOW.
INeUREI~ AFFORDING CO~ERAOE
Mt Hnwle~ lnsuran=e co'.
~,url--h-Amer.; can' ZnS, o~.n~,,
A '~ ¢ouuEeC~u~rcRatU~m. iTy CL420500S68~ 06/24/03 ~6/~4/04- FIAE~) S50~00O'
~c ~TE ~2~O0O,0O0 /
.
'D ~o~a ~ ~0003547 06/2~/03 06/24/04 A~ Il,000,000
~ s t0 ~000 ~ ~
t B ~pLOV~,U~ ~ Sa 0001119616 07/94/03 06/24/04' ~L.K~ACB~ - ~500~000 /
~e Stoa $3,OOO,OOO
~=~g Eo~ ~1 ~c $5~ 000 ~ 000
pol~es~30 ~ w=~n no=*~e o~ ~ollat~on, nonz~ewal or~eEial
t
Cit:y of Dou~onJ
901-B Texas Street
DenOn TX '76201
~.C MtO ~-8 (Tm'~]
DENTON1
CANCELLATION
;O0/TO0~] :
'~,'d ;[:gT I;00;/T,E/60
Wa~ve~ o£ su~.~a~n appl£e~ to oode $~0~.
~00/~o0~
SECTION 00300 - PROPOSAL FORM
COMPETITIVE SEALED PROPOSAL FOR CONSTRUCTION CONTRACT
Proposal of
(Hereinafter called "Proposer"),/*a corporation,~eri.ni.ed and~exisfin~ under the laws of thc State of Texas,
*parmership or *an individual doing business as:
TO: THE CITY OF DENTON
DENTON, TX 76209
Gentlemen:
The undersigned, in compliance with your invitation for competitive sealed proposals for the Purchasing
Office Renovation for the City of Denton, Texas, having examined the drawings and specifications with
related documents and being familiar with all of the conditions surrounding the construction of the
proposed to furnish all labor, material, equipment, and supplies and to construct the work in accordance
with the Contract Documents, within the time set forth herein, and at the price set forth below. These
prices are to cover all expenses incurred in performing the work required under the Contract Documents
of which this proposal is a part.
ADDENDA
The Proposer further agrees, and acknowledges .the following Addenda have been received and that the
entire contents thereof have been incorporated into this Proposal:
No. ~'~,~ (,! ,dated '7/"//~, No. ,dated
No. , dated No. , dated
ProposaIForm
00300-1
PROPOSED BASE AMOUNT
Proposer agrees to perform all of the work described in the specifications and shown on the drawings for
USE OF EXISTING DOORS:
Add the sum of: ~L[~j
/F)
ALTERNATE PROPOSAL NO. 1 - FURNISH AND INSTALL NEW WOOD DOORS IN LIEU OF RE-
).
The undersigned agrees to complete ail the work ready for the Owner's acceptance, within
calendar days after notice to proceed with the work as given by the Owner, fully realizing that the
contract will carry liquidated damages provision in the amount of One Hundred Dollars ($100.00) per day.
**Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words
will govern.
EXAMINATION OF SITE: By signing the Proposal Form, contractor acknowledges he is an authorization
representative and has examined the site and is aware of all field conditions, which may affect the work.
I (or we) agree to promptly furnish a correct and current financial statement of condition with a list of
owned equipment and an experience record of completed projects for examination by Owner and
Architect, if same is required.
NOTE: ON THIS TYPE OF PROCUREMENT, THE THREE PERCENT LOCAL PREFERENCE IS NOT
APPLICABLE.
STATE SALES TAX
It is understood that this project is exempt from the State Sales Tax and the proposal amounts quoted
herein do NOT include State of Texas Sales Tax. The bidder agrees that, if awarded a contract he will
segregate labor and material amounts in such a manner that a Texas Exemption on materials may be
legally obtained for the Owner's benefit.
Proposal Form
00300 - 2
The,undersigned Bidder further agrees to the following conditions:
An incomplete Proposal or one having additional Information or other modifications
inscribed thereon, may be cause of rejection of the entire Proposal.
That, if accepted by the Owner, this Proposal becomes a part of the contract
documents upon the signing of the contract agreements, and failing to comply with any
part of this Proposal will be taken as failure of the Bidder to comply with the contract
documents and will be just cause for rejection of the work.
That the Owner reserves the right to reject any and all bids and waive informalities and
irregularities or to accept any bid considered advantageous to him.
That he, the Bidder~ will not withdraw this Proposal for a period of sixty (60) days from
the date hereof.
' (S~al if submitted by
a'corporation)
Respectfully submitted,
Proposar
Address ~_~.,~4~ ~-'L-~-
Authori~'~d Offlc~;
Title
Date
Phohe
Proposal Form
00300 - 3