2002-135ORDINANCE NO. a'~a~-
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL
CONTRACT FOR ~ PURCHASE OF MISCELLANEOUS CONCRETE WORK; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE (BID 2824- ANNUAL CONTRACT CONCRETE WORK AWARDED TO FLOYD
SMITH CONCRETE, INC. IN THE ESTIMATED AMOUNT OF $1,400,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; 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 numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City
Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such
items:
BiD ITEM
NUMBER NO VENDOR AMOUNT
2824 All Floyd Smith Concrete, Inc. Exhibit A
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids 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 contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION 3. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
SECTION 4. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids 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'/4~'~ day of ~ , 2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: D~
3-ORD-BI
EXHIBIT A
BID #2824 ANNUAL CONTRACT CONCRETE WORK
I
ITEM I DESCRIPTION Q?Y UNIT VENDOR
CONCRETE SECTION
8.2.1 DOWEL-ON INTEGRAL (WITH FIBERS) 1 LF $7.00
8.2-A CONCRETE CURB & GUTTER
A. 0' TO 250' 2876 LF $8,35
B. 250' TO 1000' 1162 LF $8.35
C. 1001'- UP 8320 LF $7.60
CONCRETE CURB & GUTTER (WITH
8.2-A.1
FIBERS)
A. 0' TO 250' 2876 LF $8.85
B. 251' TO 1000' 1162 LF $8.85
C. 1001' TO 5000 5000 LF $8.10
D. 5001 - UP 5000 LF $8.10
8.2.A-2.1 30" SURMOUTABLE CURB/FILTERS 100 LF $11.85
8.3.1 6" CONCRETE/DRIVEWAY/FIBERS
A. 0 TO 50 SQ. YARDS 2000 SY $32.85
B. 51 TO 100 SQUARE YARDS 1000 SY $32.85
C. 101 TO 500 SQUARE YARDS 1000 SY $31.60
8.3-A.1 4"CONCRETE SIDEWALK/FIBERS
~,. 0 TO 50 SQ. YARDS 100 SY $29.70
B. 51 TO 100 SQUARE YARDS 100 SY $29.70
C. 101 TO 500 SQUARE YARDS 50 SY $28.70
D. 501 TO 1000 SQUARE YARDS 50 SY $27.50
4" CONCRETE SIDEWALK BEHIND
8.3-A,2
DRIVEWAY
A. 0 TO 50 SQ. YARDS 100 SY $28.80
B. 51 TO 100 SQUARE YARDS 100 SY $28.80
EXHIBIT A
ITEM DESCRIPTION QTY UNIT VENDOR
C. 101 TO 500 SQUARE YARDS 50 SY $27.80
D. 501 TO 1000 SQUARE YARDS 50 SY $27.80
8.4 CONCRETE MEDIANS 1 SY $27.00
8.6 CONCRETE STEPS 10 SF $10.50
8.15 CONCRETE RIP-RAP AND DRAINAGE 5000 SY $31.00
FLUMES
SP-I SAW CUT (EXISTING ASPHALT) 500 LF $1.50
SP-2 SAW CUT (EXISTING CONCRETE) 625 LF $3.00
SP-3 STRUCTURAL CONCRETE (CLASS A) 500 CY $365.00
SP-4 CONCRETE FOR LIGHT STANDARD BASES 0-50 CY $365.00
CONCRETE FOR TRAFFICE CONTROLLER
SP-6A 2 EA $365.00
BOX
SP-7 SONCRETE PADS FOR SPAN SHELTERS 5 SY $36.00
SP-8 WATER SERVICE ADJUSTMENTS 10 EA $250.00
SP-9 MISC. SPRINKLER SYSTEM ADJUSTMENTS 10 LS $250.00
TOTAL
AWARD OF THIS BID WILL BE BASED ON
BIDS OF ESTIMATED QUANTITIES
2.11.5 RNG AND COVER (INLETS 24" LOCKING 25 EA $200.00
124C)
3-A REMOVE CONCRETE PAVEMENT 180 SY $16.20
3-B REMOVE CONCRETE CURB & GUTTER 1000 LF $6.00
REMOVE CONCRETE DRIVEWAY &
3-C 1000 SY $16.20
SIDEWALK
3.3 UNCLASSIFIED EXCAVATION 500 CY $12.00
3.7 COMPACTED FILL/EMBARKMENT 500 SY $20.00
3.9 SOD 500 SY $7.50
2' ASPHALT PAVE (TYPE D PATCH
5.7-B MATERIAL 500 SY $75.00
C. 101 TO 500 SQUARE YARDS 1000 SY $0
4' CONCRETE FLATWORK
5.8-A-2
(COLORED/TEXTURED)
EXHIBIT A
ITEM DESCRIPTION QTY UNIT VENDOR
A. 0 TO 100 SQUARE YARDS 559 SY $65.00
B. 101 TO 500 SQUARE YARDS 1000 SY $62.00
C. 501 TO UP 1000 SY $60.00
5.8-A 6" CONCRETE PAVEMENT (RADIUS, ETC.
WITH FIBERS
~. 0 TO 50 SQUARE YARDS 1000 SY $32.85
B. 51 TO 100 SQUARE YARDS 1000 SY $32.85
C. 101 TO 500 SQUARE YARDS 1490 SY $31.60
D. 500 TO 1000 SQUARE YARDS 2500 SY $29.25
8" CONCRETE PAVEMENT (RADIUS, ETC.
5.8-B.1
WITH FIBERS)
A. 0 TO 50 SQUARE YARDS 10 SY $37.80
B. 51 TO 100 SQUARE YARDS 10 SY $37.80
C. 101 TO 500 SQUARE YARDS 500 SY $36.35
6.2.10C ONE SACK CONCRETE BACKFILL 0-500 CY $49.50
6.7.2-A ADJUST MANHOLE & INLETS 10 EA $550.00
7.4.5-1 TYPE A HEADWALLS (15" to 36" PER PIPE) 10 LS $1,050.00
7.4.5-1A TYPE A HEADWALLS (39" TO 72" PER PIPE) 10 LS $3,150.00
7.4.5-2 TYPE B HEADWALLS (15" TO 36" PER PIPE) 10 LS $1,150.00
7.4.5-2A TYPE B HEADWALLS (39" TO 72" PER PIPE) 10 L$ $3,250.00
7.6.A-1 4' ID MANHOLE (0 TO 6" DEPTH) 10 EA $1,300.00
7.6.A-1(1) EXTRA DEPTH 1 VF $100.00
7.6.A-2 5' X 5" JUNCTION BOX (0' TO 6" DEPTH) 20 EA $1,600.00
7.6.A-2 (1) EXTRA DEPTH 1 VF $100.00
7.6.A-5 10' INLET (0' TO 6' DEPTH) 10 EA $1,850.00
7.6.A-5 (1) EXTRA DEPTH 1 VF $150.00
7.6.A-6 15' INLET (0' TO 6' DEPTH) 10 EA $2,750.00
7.6,A-6(1 ) EXTRA DEPTH 1 VF $300.00
7.6.A-7 REBUILT INLET (REMOVE & REPLACE TOP
EXHIBIT A
ITEM DESCRIPTION QTY UNIT VENDOR
A. 4' INLET 10 EA $700.00
B. 6' INLET 5 EA $750.00
C. 8" INLET 5 EA $800.00
D. 10' INLET 1 EA $850.00
7.6.A-6 REBUILT EXISTING INLET (SPECIAL)
A. 4' INLET 1 EA $1,500.00
B. 6' INLET 1 EA $1,600.00
C. 8' INLET 1 EA $1,800.00
D. 10' INLET I EA $2,000.00
8.1 BARRICADES, WARNING SIGNS & 43 LS $275.00
DETOURS
8.2 DOWEL-ON INTEGRAL CURB 259 LF $6.00
8.3 WHEEL CHAIR RAMP
A. WHEEL CHAIR RAMP (ALL WITH PAINT & 1 EA $700.00
GROOVE) DIRECT
B. WHEEL CHAIR RAMP FLAIR 1 EA $830.00
C. WHEEL CHAIR RAMP SPECIAL 1 EA $830.00
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 14~ day of May A.D., 2002,
by and between City of Denton of the County of Denton and State of Texas, acting
through Michael A. Conduff thereunto duly authorized so to
do, hereinafter termed "OWNER," and
Floyd Smith Concrete, Inc.
PO Box 1781
Denton, TX 76202
of the City of Denton, County of Denton and State of Texas
, hereinafter termed
"CONTRACTOR."
Bid 2824 - Concrete Work not to exceed $500,000.00 aggregate at any time.
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 in each delivery order and all extra work in connection therewith,
under the terms as stated in the General Conditions of the agreemem; 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 and the
Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions
of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and
Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, 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:
City of Denton Staff
all of which are referenced herein and 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 covenants and agrees to and does hereby indemnify, hold harmless and defend, at
its own expense, Owner, its offtcers, servants and employees, from and against any and all claims or
suits for property loss or damage and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out of the Work and services to be
performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers,
servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby,
indemnify and hold harmless Owner during the performance of any of the terms and conditions of
this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of
officers, servants, or employees of Owner. The provisions of this paragraph are solely for the
benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise,
to any other person or entity.
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 agreemem in the
year and day first above written.
ATTEST:
ATTEST:
OWNER
(SEAL)
Floyd Smith Concrete Inc.
CONTRACTOR
P.O. Box 1781
Denton, TX 76202
MAILING ADDRESS
940-565-0114
PHONE NUMBER
940-565-0114
APPROVED AS TO FORM:
CITY ATTORNEY
CA- 3
FAX NUMBER
v -~/~L~E~, .. "President
Floyd Smith
PRINTED NAME
(SEAL)
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Floyd Smith Concrete, Inc.
whose address i~,, P O Box,l~781, Denton, TX 76202 hereinafter called Principal, and,
[_Jff3(¥(!,,~.~~. f.d-///n/--'~C~'/* a corporation organized and existing
~nde'~-the la,Js' of th~ Sttate-of ~-~ , and fully authorized to transact business in the
State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal
corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in
the penal sum of Five Hundred Thousand and 0/100 DOLLARS ($ 500,000) of the stated penal sum
as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated
damages arising out of or connected with the 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, administrators, successors, and assigns,
jointly and severally, firmly by these presents.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2002-135, with the City of Denton,
the Owner, dated the 14~ day of May A.D. 2002, a copy of which is hereto attached and
made a part hereof, for Bid #2824 Concrete Work not to exceed $500,00 per specification.
This bid is for an annual price agreement for concrete. No one job is expected to go above
$500,000. If it does, the successful vendor will be responsible for acquiring additional bonding if
aggregate jobs are in excess of $500,00.00. Upon receipt of notice of acceptance of this bid, within
thirty (30) days of the date of this proposal, the successful vendor agrees to execute the formal
contract within fifteen (15) days thereafter, and to deliver an INSURANCE certificate, a SURETY
BOND in the amount of $500,00 (Five Hundred Thousand Dollars) for faithful performance of the
contract and a STATUTORY PAYMENT BOND for $500,000 (Five Hundred Thousand Dollars).
NOW, THEREFORE, if the Principal shall well, truly and faitlffully perform and fulfill all of the
undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the
Plans, Specifications and Contract Documents during the original term thereof and any extension
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, terms, conditions and agreements of any and all duly
authorized modifications 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 workmanship that appear within a period of one (1) year from the date of final
completion and final acceptance of the Work by the Owner; and, if the 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 shall 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 shall remain in full force and effect.
PB~I
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall
lie in Denton County, State of Texas.
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 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 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 statutes 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 be delivered and on whom
service of process may be had in matters arising 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 is executed in ~-~ copies, each one of
which shall be deemed an original, this the c2~day of ~d~f2ta-P , ,,2t0o ~
ATTEST: PRINCIPAL
SECRETARY
ATTE~
Floyd Smith Concrete Inc.
SURETY .
)ffrTOR~EY-IN-FACT
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of
the process is:
NAME: .
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person
PB - 2
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That, Floyd Smith Concrete, Inc.
whose~______address is, PO__~ · .B°x--1781, Denton, TX 76202 hereinafter called Principal, and
/Z522/1/~,~.2/~, ,~'/'~~ , a corporation organized and existing
Under the laws' of tt{e State of '-/-~¢-ao ., and fully authorized to transact business in the
State of Texas, as Surety, are held and firmly 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 improvements hereinafter referred to, in the penal sum of Five Hundred Thousand
and 0/100 DOLLARS ($500,000) 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, administrators, successors, and assigns, jointly and severally, fmnly by these
presents. This Bond shall automatically be increased by the amount of any Change Order or
Supplemental Agreement which increases the Contract price, but in no event shall 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 Number 2002-135, with the City of Denton,
the Owner, dated the 14~' day of May A.D. 2002, a copy of which i~ hereto attached and
made a part hereof, for Bid #2824 Concrete Work.
This bid is for an annual price agreement for concrete. No one job is expected to go above
$500,000. If it does, the successful vendor must increase his bond to that amount. Upon receipt of
notice of acceptance of this bid, within thirty (30) days of the date of this proposal, the successful
vendor agrees to execute the formal contract within fifteen (15) days thereafter, and m deliver an
INSURANCE certificate, a SURETY BOND in the amoUnt of $500,00 (Five Hundred Thousand
Dollars) for faithful performance of the contract and a STATUTORY PAYMENT BOND for
$500,000 (Five Hundred Thousand Dollars).
NOW, THEREFORE, if the Principal shall well, truly and faittffully perform its duties and
make prompt payment to all 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, alteration or 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 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 statutes 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 be delivered and on whom service of
process may be had in matters arising 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 is~xecuted in q copies, each one of which
shall be deemed an original, this the ~/o day of ~7~7~ , ,AO~ o~
ATTEST:
SECRETARY
PRINCIPAL
Floyd Smith Concret~ Inc.
PRESIDEI~rP
ATTEST: ,
BY: (,~y
SURETY
ATTORNEY-IN-FACT
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is:
(NOTE: Date of Payment Bond must be date of Contract.
person's name.)
PB-4
If Resident Agent is not a corporation, give a
UNIVERSAL SURETY OF AMERICA
'P.O. Box 1068 * Houston, Texas 77251-1068
GENERAL POWER OF ATTORNEY - CERTIFIED COPY
Agency Information GPA#
4216179 060985185
RANEY &KINO INSURANCE
Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing
under the laws of the Stats of Texas, and having its principal office in Houston, Texas, does ~by these presents make, constituts
and appoint
CATHY MILLER JAMES E. KING
JEFF P. KINO
of DENTON and Stats of TEXAS its true and lawful Attorney(s)-in-Fact with full
power and authority hereby conferred to sign, seal and executs for and on its behalf bonds, undertakings and other obligatory
instruments of similar nature - in unlimitsd amounts - and ts bind the Company thereby as fully and ts the same extsnt as if
such bonds were signed by the President, sealed with the corporate seal of the Company and duly attsstsd by its Secretary,
hereby ratifying and confirming all that the said Attsrney(s)-in-Fact may do within the statsd limitations, and such authority.
is ts continue in force until 11/15/2005 Said appointment is made under and by authority of the following
resolution adoptsd by the Board of Directsrs of Uulversai Surety of America at a meeting held on the llth day of Juiy, 1984.
"Be It Resolved, that the President, and 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 Attsrney(s)-in-Fact ts 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 printsd
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,
Robert E. Aye, and its corporate seal to be hereto affixed this 31st day of December, A.D., 1999.
UNIVERSAL ~J[tETY OF A~t~RICA
Robert E. ~[yo J / President
/
State of Texas
County of Harris
On this 31st day of December, in the year of 1999, before me Pamela J. Scullion, a notary public, personally
appeared Robert E. Aye, personally known to me to be the person who executed the within instrument as
President, on beh,l~ of the corporation herein n,med and acknowledged to me that the corporation executed it.
~ MY COMMISSION EXPIRES
Jl '~:~:~' . 'Il
I, 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/~hat the said Power of
Attorney is still in effect.
//
GI~VEN under my hand and the seal of said company, at Houston, Texas, this ~ day of //~/~ ,
Assistant Secretary
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
Form F6092 For verii~cation of the authority of this power you may tslephone (713) 722-4600.
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended that
bidders confer with their respective insurance carriers or brokers to determine in advance of Bid
submission the availability of insurance certificates and endorsements as prescribed and provided
herein. If an apparent Iow bidder fails to comply strictly with the insurance requirements, that
bidder may be disqualified from award of the contract. Upon bid award, all insurance
requirements shall become contractual obligations, which the successful bidder shall have a duty
to maintain throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practicable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insurance, containing the bid number and title of the project.
Contractor may, upon written request to the Purchasing Department, ask for clarification of any
insurance requirements at any time; however, Contractors are strongly advised to make such
requests prior to bid opening, since the insurance requirements may not be modified or waived after
bid opening unless a written exception has been submitted with the bid. Contractor shall not
commence any work or deliver any material until he or she receives notification that the contract
has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply with
the following general specifications, and shall be maintained in compliance with these general
specifications throughout the duration of the Contract, or longer, if so noted:
Each policy shall be issued by a company authorized to do business in the State of Texas
with au A.M. Best Company rating of at least A.
Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its officials, agents, employees and
volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
· Liability policies shall be endorsed to provide the following:
Name as additional insured the City of Denton, its Officials, Agents, Employees
and volunteers.
That such insurance is primary to any other insurance available to the additional
insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insUrer's
limit of liability.
· All policies shall be endorsed to read:
"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 claims-made form, Contractor
shall maintain such coverage continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
Should any of the required insurance be provided under a form of coverage that includes
a general annual aggregate limit providing for claims investigation or legal defense costs
to be included in the general annual aggregate limit, the Contractor shall either double
the occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse
date. If insurance is not reinstated, City may, at its sole option, terminate this agreement
effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000
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:
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.
IX] Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with Combined Single
Limits (CSL) of not less than $500,000 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.
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition
to meeting the minimum statutory requirements for issuance of such insurance, has
Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be named
as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation
against the City, its officials, agents, employees and volunteers for any work performed for
the City by the Named Insured. 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 rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC).
[1
Owner's and Contractor's Protective Liability Insurance
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 ff 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.
[]
Prof6ssional 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.
[1
Builders~ 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.
ATTACHMENT 1
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 ou 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 chssification codes
and payroll amounts 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.
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.
The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
O)
a certificate of coverage, prior to that person beginning work on the project, so the
govermnental 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 th6 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.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. 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 Commission, 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.
I. 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
amounts 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;
(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, ff the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and
for one year thereafter;
(6)
notify the govermnental 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 they 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 report'mg 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.
Bid 2824 - Annual Contract Concrete Work
PRODUCER:
THE WOOLVERTON AGENCY
Jim Woolv®rton, AAI, CIC, LUTCF
PO Box 1881
Denton, T®xas 76202
(940) 382-8031
ST: 35 DfST: 21 AGENT:
m,u~o: FLOYD SMITH CONCRETE, INC.
Naa, PO BOX 1781
" DENTON, TX 76202
Addm~
COVERAGE8
~ ' ' ;'=" ' "~' ISSUE04/08/2002OA'm (Mam~
1~'118 CERTIFtCATE Iii ~ A~ A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGH'T8 UPON THE CER11F~CA'I~ HOLDER. ~ CERTIFICATE
DOE8 NOT AMENO, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POUCIB SHOWN BELOW.
COMPANIES AFFORDING COVERAGE'
,.-,,,,, A 1RUCK INSURANCE EXCHANGE
FARMER3 INSURANCE EXCHANGE
C MID.CENTURY INSURANCE COMPANY
D TEXAS FARMERS COUNTY MUTUAL INS. C
E
GENERAL UABIUTY GENERAL.
AGQREGATE $
COMMERCIAL ~ AGGREGATE $
GENE .Rr,~L_ _L,IA~ILITY-
OCCURENCE VERSION N:)V INJURY $
ONE FIRE $
OWNER8 AHD
CONTRAOTORS EXPENSE~ (ANY
PROTECTION ONE PERSON)
AUTOMOBLE I. IMIIMTY
ALL OWNED COMMERCIAL 8INGLE UMIT
$ 1,000,000
~c. EDu, ;o,,x.'ms 06917 27 12 11/23/01 11/23/02 $
HIRED & NON-OWNED
AUTOS $
~OE U/~IUTY
UMBRELLA
IJABILITY $
WOI~RS STATUTORY
COMFENSA'IION
AND
EMPLOYERS' DISEASE-EMPL $
LIABILITY $
~'~------'r~;~K~~~E D IN FAVOR OF CERTIFICATE HOLDER AS PER WRITTEN
CONTRACT. "SAID POLICY SHALL NOT BE CANCELLED, NON-RENEWED OR MATERIALLY CHANGED WITHOUT 30 DAYS ADVANCE WRITTEN
NOTICE BEING GIVEN THE OWNER, EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NON-PAYMENT OF PREMIUM, IN WHICH CASE
10 DAYS IS REQUIRED. CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED.
CERTIFICATE HOLDER
N~ CITY OF DENTON
& PURCHASING DEPARTMENT
~ 901-B TEXAS STREET
DENTON, TX 76201
ACORD,. CERTIFICATE OF LIABILITY INSURANCE
PRODUCER (940) 362-9691 FAX (940)243-1050 THIS CERTIFICATE S SSUED AS A MATTER OF INFORMATION
Ramey & King Znsurance
630 South Z~35E, Suite A
Denton, TX 76205-7829
'""~o%(~ S~th Concrete, ~nc.
P.O. Box 1781
Denton, Tx. 76201
COVERAGES
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
exes Mutual Ins. company
INSURER C:
IHSUP~R D:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD iNDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUMERT WITH RESPECT TO WHICH THIS CERTIF{GATE MAY SE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFOROED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMA'S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
A ..__~,,*LL~L.~, TXP1040046 9/28/02 9/28/03 ~.occu..~.c~ , l,uuu,000
X C OMMERCIAL GENERAL UAglLIW FIRE OAMAGE (Any m~ fire) $
.~eso.~v,.~UB~ ,1,000,0(30
~£Ns~ ^~.E~T~ ,2~000~000
G~E N'[. ,~3GREGATE L~MIT APPLIES PER~I PROOUCT8 o COMPIOP AOD $ 2 ,UUU ,OU(3
B ~co.~.mN.O TSF0001082227 9/28/02 9/28/03
C~tificate is sho~ as additional insured and Waiver of subrogation on the Workers Compensation
in favor of the certificate holder
CERTIFICATE HOLDER AOOII1ONAL ~SUR~O~ rd~JRER LETTER: __ CANCELLATION
Cky O[ Denton Said.po~ sha~l 'no~- be ~nc~lled,nonrenewed
or 'ma~rial~y. changed wZg~out 30 days ~dy~ce
Attn: De~se ~2,_~%ae being gtv~ ~o '~he o~,
e~t: W~ '*~i poltc~ fs being can~'t'l'ed- for
D~o~, ~x. 7620] *u~om~o ,..~ ' - ....
ACORD 2~ (717) ( // -J ~CORD COR~ION IM8
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S (7~97)