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2002-063
FILE REFERENCE FORM [ 2002-063 ] Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Change Order No. 2 - Ordinance No. 2002-240 08/06/02 Change Order No. 3 - Ordinance No. 2002-371 11/19/02 S:\Our Documents\Ordinances\02\Central Fire Station Ord.doc ORDINANCE NO. ~--0~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT FOR CONSTRUCTION SERVICES FOR THE CONSTRUCTION OF THE CENTRAL FIRE STATION BETWEEN THE CITY OF DENTON AND TIM BEATY BUILDERS, INC. BASED ON THE COMPETITIVE SEALED PROPOSAL METHOD OF PROCUREMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (AMOUNT OF $3,138,000) WHEREAS, the City is desirous of constructing the Central Fire Station (the"Project"); and WHEREAS, pursuant to authority delegated by City ordinance, prior to advertisement for construction services to construct the Project, the Purchasing Agent determined that the competitive sealed proposal procurement method for the Project provides the best value to the City; and WHEREAS, the Purchasing Agent has fully complied with all of the procedural steps for the competitive sealed proposal procurement method as required by Subchapter H, Chapter 271 of the Local Government Code as well as all City ordinances, regulations and the City Charter; and WHEREAS, the City Council finds that Tim Beaty Builders, Inc. (the "Contractor") offers the best value for the City based on the published selection criteria and its ranking evaluation; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The City Council hereby awards a construction contract for the Project to the Contractor in the amount of $3,138,000 as providing the best value for the City based on the published selection criteria and its ranking evaluation. The City Manager or his designee is authorized to sign a construction contract with the Contractor in accordance with the contract forms, general conditions, special conditions and specifications on file in the office of the City's Purchasing Agent and to exercise the City's rights and duties thereunder, including without limitation the expenditure of funds provided for herein and such contract documents. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this ~~ dayof .~ _t~ td~{~ ,2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PRO~i~TTORNEY By: '~~ ' EULINE BROCK, MAYOR 2 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this A.D., 2002, by and between and State of Texas, acting through hereinafter termed "OWNER," and T-ira Beaty B~filder.~_ -Inc. 421 E. Hickory St. Denton, TX 76201 of the City of Denton State of Texas City of Demon Michael A. Conduff 5 day of March of the County of Denton thereunto duly authorized so to do, , County of Denton and , 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: RFCSP 2749 - New Central Fire Station in the amount of $3,138,000 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 prbper 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, CA- 1 RFCSP 2749 - New Central Fire Station - CONTRACT & INS 3-02 and the Specifications therefore, as prepared by: Jame,u Kirkpatrick Architect all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. Independent Status R 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 Detuon, 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 RFCSP 2749 - New Central Fire Station. CONTRACT & INS 3-02 IN WITNESS WHEREOF, the parties of these presents have executed this in the year and day first above written. /~ ATTEST: (SEAL) jTim Beaty Builders, Inc. CONTRACTOR p o Rex 88 Denton, TX 76202 MAILiNG ADDRESS 940-387-3275 PHONE NUMBER 940-382-5461 FAX NUM..~ /--.-43~LL~ '- I~r~si~eent APPROVED AS TO FORM: CITY ATTOI~EY CA - 3 RFCSP 2749 - New Central Fire Station - CONTRACT & 1INS 3-02 PRINTED NAME Tim Beaty (SEAL) Bond #PRF 08173046 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Tim Beat3,. Bnilder, Inc. whose address is 421 E. Hickory. St., Denton_ TX 76201 , hereinafter called Principal, and Colonial American Casualty & Surety Company a coq)oration organized and existing under the laws of the State of Texas , 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 coq)oration organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of Three Million One Hundred Thirty. Eight Thou.qand and no/100 DOLLARS ($ 3,138,000 ) plus ten percent of the stated-penal--sum a~-an--additional sum--oflmoney ~epreseming- additional.-eou~ 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. 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 2002-063, with the City of Denton, the Owner, dated the 5 day of March A.D. _20_02, a copy of which is hereto attached and made a part hereof, for RFCSP 2749 - New Central Fire Station NOW, THEREFORE, if the Principal shall well, truly and faithfully 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 - 1 RFCSP 2749 - New Central Fire Station - CONTRACT & INS 3-02 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 Goverament 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, Vemon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 5 day of March , 2002. ATTEST: PRINCIPAL BY: ~ ~2~~::t~ ~ SEC TAU¥ / Tim Beaty Builders, Inc. ATTEST: SURETY Coloni~ American Casualty & Surety Company BY: \~f~ /c~O~ ATTORNEY-IN-FACT Staii Gross The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Boley-Featherston Insurance Company STREET ADDRESS: 701 Lamar, Wichita Falls, TX 76307 (NOTE: Date of Performance Bond must be date of Contract. corporation, give a person's name.) PB - 2 RFCSP 2749 - New Central Fire Station - CONTRACT & INS 3-02 If Resident Agent is not a Bond #PRF 08173046 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Tim Beaty Builder: Inc. , whose address is 421 E. Hickory. St.: Denton. TX 76201 , hereinafter called Principal, and Colonial gmerican Casualty & Surety Con*pony , a corporation organized and existing under the laws of the State of Texas , and fully authorized to transact business in the State of Texas, as Surety, are held and fn'mly 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 Three Million One Hundred Thirty. Right Thousand and no/100 DOLLARS--($~3~-1~3g.~000.. )-in. tawful .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· 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 2002-063, with the City of Denton, the Owner, dated the 5 day of March A.D. 2002, a copy of which is hereto attached and made a part hereof, for RFCSP 2749 - New Central Fire Station. NOW, THEREFORE, if the Principal shall well, truly and faithfully 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. 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 tune, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. · PB-3 RFCSP 2749 - New Central Fire Station - CONTRACT & INS 3-02 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 4 copies, each one of which shall be deemed an original, this the $ day of March, 2002. ATTEST: PRINCIPAL SE(I~ETARY-- / ~' Tim Beaty Builders, Inc. ATTEST: SURETY Colonial American Casualty & Surety Company BY: ~ : ATTORNEY-IN-FACT Staci Gross The ResidentAgent of the Surety inDenton County, Texas for delivery of not,e and serv~e ofthe processis: NAME: Boley-Featherston Insurance Company STREETADDRESS: 701 Lamar~ Wichita Falls~ IX 76307 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB - 4 RFCSP 2749 - New Central Fire Station - CONTRACT & INS 3-02 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICES: P.O. Box 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN'CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by W. B. WALBRECHER, Vice-President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Companies, which are set fi~ on the rex~ side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby ~t~te' con.s~d~ appoint Donal Boley, Steve Deal and Staci Gross, all of Wichita Falls, Texas, EACH its ~ lawfu!~and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its a~,hi~d deed:~a~e~ttd all bonds and undertakings EXCEPT bonds on behalf of Independent Executors, Community ~'~s and ~nity Guardians; and the execution of such bonds or undertakings in pursuance of these presents, s~ as bind~.~..~'.Jl?on said Companies, as fully and amply, to all intents and purposes, as if they had been duly execute~ acknow~t. -., ~-,.-.., by th~.e ~gularly elected officers of the Companies at their offices in Baltimore, Md., in their own~er personals power of attorney revokes that issued on behalf of Donal Boley, Steve Deal and Laura Espinoza, d~ril 15, 1~ .~x~~ The said Assistant Secretary does he.Certify ht~t~eV extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the respectiv~"Bv-Laws~.,.x~ ~..~°f~°mpanies' and is now in force. IN WITNESS WHEREOF, th~'Vice-Pr.9~.~? and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the ~id FIDE~AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETYe, '.~I~I'PANY' this 20th day of April, A.D. 1999. ATTEST: FIDELI~ DEPOSIT COMPANY OF MARYLAND ~ ~K B. Walbrecher Vice-President COLONIAL AMERICAN CASUALTY AND SURETY COMPANY 1~ E. Smith ~Issistant Secretary ~ B. Walbrecher Vice-President StateofMa~land } ss: County of Baltimore On this 20th day of April, A.D, 1999, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. Walbrecher, Vice-President and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMI~ANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals afl'led to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fu'st above written. Cah;;l~oL~d/~srsi ~d~Expires: AugustNl°,t~r~o~ublic L1428-1684223 EXTRACT FROM BY-LAWS OF THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments ofjudgemants, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seals of the Company thereto." EXTRACT FROM BY-LAWS OF THE COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Viee-Prasidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Companies may require, or to authorize any person or persons to execute on behalf of the Compa~ias any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seals of the Companies thereto." CERTIFICATE I, the undersigned, Assistant SecretaD' of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the companiy and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 5bh day of ~4ssistant Secretary Fidelity and Deposit Company of Maryland Home Office: P.O. Box 1227, Baltimore, MD 21203-1227 IMPORTANT NOTICE To obtain information or make a complaint: You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, and/or Zurich American Insurance Company's toll-firee telephone number for information or to make a complaint at: 1-800-654-5155 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 FAX# (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or about a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. s8543xTrx) (08/01) MAR-19-200~ 15:09 BOLEY ~EATHERSTON INS ~40 322 9549 P.01~04 PRODUCER THIS C~TIFICATEISISSU~A~ A MA~ROFINFOR~T~ON Boley Fe&~hers=on Insurance P. O. Box 97513 Wichita Falls TX 76307-7513 Phone~ 940-723-7111 Fa~:940-322-9S49 Tim BeatvBuilders. Inc. D~n~on TX 76202 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIRCATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BI'LOW. INSURERS AFFORDING COVERAGE Comp Ins Fund COVERAGES A X r, OMME~C~cGeaee,~CU~U?Y CLP~1190839 0'7/01/01 07/01/02 ~,;ex.a~(awon.er-) $ 100~000 A ~ A~A~0 ~3119073B 07/01/01 07/01/02 ~.~ld~n~) $ l, 000,000 ~ ~.o~u.~ s 2~'~oo,000 A ~uue ~c~Ms~E ~P2531331B 07/01/01 07/01/02 A~ S2¢000t000,.~ ~ Sl0t000 B m ~PLO~G'UAOI~ ;SF0001070586 0~/01/01 0~/01/02 ~GHAG~T * 1000000 FOR ~N PAY OF P~,IN ~ICH ~B 10 DAYS ~ ~T~ ~TICE ~$ ~QUI~.W~R OF ~TZON IS~ IN FAiR OF HO~ER ~ ~ TO W. C~ CERTIFICATE HOLDER CITY OF DENT(Y~ 221 N ELM DENTON TX 76201 ACORD 2S-~ (719 CANCEL[AT[ON ~ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, tl~ poll=y(]es) must be endomed. A statement on this ee~dllcate does not confer Hghts to the certificate holder in lieu of such endomement(s). if SUBROGATION I$ WAIVED, subJ~ot te the tern~ end conditions et the policy, certain policies may require an endoreemenL A ,~.'~el~ On th;s certificate d~ not confer rlghb~ to the cert[flca~ · holder in lieu of su=h endorsement(s}. DISCLAIMER The Certificate of Insurance on the reverse side of this form d=es not constitute s contract be~voen the I~su]ng insurer(s), authorized represenf~ve or producer, and the certlflc;Re holder, nor does It affirmatively or negM~vely amend, extend er alter the coverage afforded by the policies I lsf~d Ihemen. ACORD 2~S (7/97') 'ACORD. CERTIFICATE OF LIABILITY INSURANCF . % DATEIMM'OO ) - 03/14/02 PRODUCER Boley Featherston Insurance P. O. Box 97513 Wichita Falls TX 76307-7513 Phone:940-723-7111 Fax:940-322-9549 INSURED THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE ~NSURERA: Bituminous Casualty Co~p INSURER B: INSURER C: CITY OF DENTON 901 B TEXAS STREET INSURERD: DENTON TX 76209 I INSURER E: COVERAGES THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO~NITHSTANDING ANY REQUIREMENT~ TERM OR CONDITION OF ANY CON~;~ACY OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYpE OF INSURANCE POUCY NUMBER DATE (MM/DD/YY) DATE (MM/DD/'(Y) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERClALGENERALLIABIMTY #25231 03/20/02 03/20/03 FIREDAMAGE(Anyoneflre) $ I CLAIMSMADE [~ OCCUR MEDEXPIAnyoneperson) $ X O~rner/Cont Prot. PERSONAL&ADVINJURY $ GENERAL AGGREGATE $ I, 000, 000 GEN'L AGGREGATE MMIT APPMES PER: PRODUCTS -COMPIOP AGG $ . POLICY ~]PRO' AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person} __ HIRED AUTOS BODILY iNJURY $ NON-OWNED AUTOS {Per accident) PROPERTY DAMAGE -- (Per accident) $ GARAGE LIABILITY AUTO ONLY. EA ACCIDENT ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE ~ OCCUR [] CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ WORKERS COMPENSATION AND I TORY LIMITSI I ER EMPLOYERS' LIABILITY E.L EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L DISEASE. POLICY LIMIT $ OTHER DESCRIPTION OF OP ERATI O NS/LOCATIO NSNERICL ES/EXCLU SIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ADDITIONS AND ALTERATION CONSTRUCTION OPERATIONS CENTRAL FIRE STATION CERTIFICATE HOLDER I N I ADDITIONAL iNSURED; INSURER LETTER: -- CANCELLATION TIM BEATY BUILDERS ATTN JILL BEATY P O BOX 68 DENTON TX 76202 ACORD 254 (7/97) BEATT01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE iSSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ©ACORD CORPORATION 1988 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 endoreemenL 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 Insursr(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 (7197) ACO O. CERTIFICATE OF LIAB PRODUCER P. O. Box 97513 Wiohita Falls TX 76307-?E13 Phone=940-~23-7111 F~X;940-322-9~49 p O BoxES Denton TX 76202 ~OV~RAGES BOLEY FEATHERSTON INS 940 322 9549 P.01/02 LITY INSURANCF. , _I I 03/3-5/02 THIS U~NT~F~CATE IS ISSUED A8 A ~ER OF INFOR~ON ONLY AND CONFE~ NO ~GH~ UPON THE GERTIFICA~ HOLDE~ THiS CER~CA~ D~ NOT AMEND ~END OR AL~ ~E COVE~GE AF;OED~ BY ~E POL C E~ B~OW. INSURERS AFFORDING COVERAGE Bituminous Casualty Co~ A X ~M~Efl~LUABI~ ~3119083~ 07/01/01 07/01/02 ~RE~GB(A~i~m) S 100f000 -- P~N~ A ~IN~U~ ~ lr000 r,000 a~CA~ s2t000,000 A~MO~ U~ c~mNeo ~c~ u~T ~ 1,000,000 A X ~YA~ ~3119073~ 07/01/01 07/01/02 (~ ~ mc~ ~ ~H ~U~ t 2,000 r 000 B ~o~ ~SF0001070586 07/01/01 07/01/02 ~.~A~e~ s 1000000 IL ~- ~ ~ $1000000 PER DI~ $10~000 r 000 ~:~N~ATION OF ~ F~ STA.,332 E. HZ~RY ST,DEN~,~ 76201.' ~3,138,000.HO~ER IS ~DED ~ ~DL ~ ~ ~ TO GL & A~O.~LZCZES 8~ CERTIFICATE HOLDER ~u~,1111:~L~ INSU'~, IN;URER Ia:, ,~c CITI/T)J~. CITY OF DP~NTON 901 ~. ~AS S~REET DENT~ TX 76209 i~~. CANCELLATION ~ACORD CORPORATION lg88 MAR-lg-2002 15:1~ BOLEY FEATHERSTON INS 940 ~22 g54g P.0~/02 IMPORTANT if ~hs certifioete holder le an ADDITIONAL INSURED, the poll~-y(les) mu~t be endorsed. A sta~ment on thl~ cert]fl~at~ does not confer Hghts to the certlflcat~ holder In lieu of such endorsement~s), If SUBROGATION I$ WAIVED subject to the terms ;~nd oondlfJon$ of tim policy, eetlath policies require an endor~efllent. A statement on this oe~flcate does not ~onfer rights to the certificate holder in lieu of such sncforsement{s), DISCLAIMER The Certifloet~ of Ioeurence mt the reverse side of this form does ~ot constitute a oentract between the issuing I~srlre~(s), iuthorlzed repmsentetive or pmduoer, and the csrtlflcaVa holder, nor does it sfflrrrmtlvely Or negatively amend, extend or alter the cove~ge afforded by the policies Ilk'ted thereon. CORD 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 low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual 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 provid~-and-maintain- until- the contrac'te-d-~o~k-h-a~-b-e-eh -~-l~t~-d-a~'d 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 an 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, Employees and volunteers. its Officials, Agents, RFCSP 2749 - New Central Fire Station - CONTRACT & INS 3-02 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:mad¢..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 Liabihty insurance with combined single bruits of not less than .~1 :OOO:OOO shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single pohcy or in a combination of underlying and umbrella or excess policies. RFCSP 2749 - New Central Fire Station - CONTRACT & INS 3-02 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 coveting 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 Liabihty for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCLD exposures. Broad form contractual liability (preferably by endorsement) coveting this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $,'~00:000 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 tights 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. i10 of the Texas Worker's Compensation Commission (TWCC). RFCSP 2749 - New Central Fire Station - CONTRACT & INS 3-02 [X] 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 .$1 :O00:OOO combined bodily injury and property damage per occurrence with a E1 : OO(~:OOO 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. [x] 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. RFCSP 2749 - New Central Fire Station - CONTRACT & INS 3-02 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 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 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. RFCSP 2749 - New Central Fire Station - CONTRACT & INS 3-02 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. F. 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 mall 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 RFCSP 2749 - New Central Fire Station - CONTRACT & INS 3-02 the current certificate of coverage ends during the duration of the project; (4) (5) (6) (7) 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 (b) 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; retain ail required certificates of coverage on file for the duration of the project and for one year thereafter; 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 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 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. RFCSP 2749 - New Central Fire Station - CONTRACT & INS 3-02 ') cOMPETITIVE SEALED PROPOSAL FOR CONSTRUCTION CONTRACT Proposal of (Hereinafter called "Proposer"), *a corporation, organized and existing under the laws of the State of Texas, TO: THE CITY OF DENTON DENTON, TEXAS 76201 Gentlemen: The undersigne& in compliance with your invitation for competitive sealed proposals for a New Central. ~ire Station for The City of Denton, Texas, having examined the drawings and specification with related documents and being famihar with all of the conditions surrounding the construction of the proposed work, hereby 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 .P[~p?~al: No. ].. , dated ~l~,lov.. No. ~ , dated No. ~, , dated ~ [1~,1o7- No. ~' , dated CASH ALLOWANCES The undersigned acknowledges the incorporation of each allowances into this prdposal as follows: Base Bid ............. $I,800.00 (See Section 01400 for detail) 1 RFCSP 2749 (REVISED) New Central Fire Station Addendum ~g2 (1-15-02) PROPOSED BASE AMOUNT Proposer agrees to perform all of the work described in the specifications and shown on the drawings for the sum of The undersigned agrees to complete all the work ready for the Owner's acceptance, within %'~ calendar days after notice to proceed with the work is given by the Owner, fully realizing that the contract will carry liquidated damages provision in the amouut of Five Hundred Dollars ($500.00) per day. ** Amount shall be shown in both words and figures. In case Of discrepancy, the amount shown in words will govern. These items below will not be part of the Evaluation criteria for price purposes. These Items are for the second part, which is the Negotiation with the highest ranked offeror. ALTERNATE BID ITEM NO. 1 (As noted on drawings) Bidder a~ees to perform all of the work described, in the specifications and shown on the drawings for the sum of (ad '~d('de~uc'~) ~!~UE Tl-lotlt-~.lO rT~vo~.r' ($ q~OOO.Oo ) ** The undersigned agrees to complete all the work ready for the Owner's acceptance within (add,delete) ~:> calendar days after notice to proceed with the work is given by the Owner? fully realizing l~a_[ toe .c_o .n..traqt w!l_l cay~y .l~_q.u_i._d_gt_e_{_d___a~_.a.g_e_s.pro¥i_~ion_s ....... ALTERNATE BID ITEM NO. 2 (Section 07515 of Specifications) Bidder agrees to perform all Of the work described in the specifications and shown on the drawings for the sum of(~educt) ~0,~,~ Tl,lotl'=,a,d~ ?,~,,ut~.lkS ($ qo,ooo.oO ) ** The undersigned agrees to complete all the work ready for the Owner's acceptance within (add/delete) c> calendar days after notice to proceed with the work is given by the Owner, fully realizing that the contract will carry liquidated damages provisions. 2 RFCSP 2749 (REVISED) New Central Fire Station Addendum #2 (1-15-02) ~ ALTERNATE BID ITEM NO. 3 (Section 07540 of Specifications) Bidder agrees to perform all of the work described in the specifications and shown on the drawings for the sum of ~educt) 'I'~ TI~-~,~I~O t~,~c~ The undersigned agrees to complete all the work ready for the Owner's acceptance within (add/delete) ~ , calendar days after notice to proceed with the work is given by the Owner, fully realizing that the contract will carry liquidated damages provisions. ** Amount shall be shown in both works and fines. In case of discrepancy, the amount shown in words will govern. UNIT PRICES Should the Owner request changes in the work based on unit prices, the undersigned a~ees that the following unit prices shall be the basis for adjustment of Contract price for increases and/or decreases in the work. All unit prices shall be met and shall included all charges for overhead, profit, labor, materials, bailing, shoring, removal, taxes, insurance, and all other' charges of every nature. Unit prices listed below, unless otherwise defined, shall be for materials and work of the same type and quality as specified in the various applicable sections of the specifications: UNIT PRICES: For changing quantities of work items from those indicated by the contract drawings, upon written instructions from the Architect, the following unit prices shall prevail: ' Deleii~ns Additions 1. Drilled Pier 18" Dia 5.oo ~.~o per foot 30" Dia 14.oc> [4~.oo per foot 2. Drilling Pier Casing 18" Dia per foot of casing 30" Dia iO~oo I~u per foot of casing 3 RFCSP 2749 (REVISED) New Cent~aI Fire Station Addendum g2 (1-15-02) ~ PERFORMANCE AND PAYMENT BONDS It is understood that bonds covering the faithful performance of the contract and payment of all obligations arising there :under, the performance bond in the amount of 110% of the contract amount and the payment bond in the amount of 100% of the contract amount, will be required by the Owner. Premiums, for performance and payment bonds are included in the proposal amounts quoted. BID GUARANTEE Accompanying this Proposal is a bid bond or Cashier's Check made payable to the Owner for 5% of the total amount of the Base Proposal submitted herein. The bid bond will be returned to the Bidder, except that in the event of the Owner's acceptance of this Proposal within 30 days of the date hereof, the Bidder fails or refuses to execute and deliver the contract and required bonds and insurance certificates within 10 days after he has received notice of acceptance of his bid. In this event the bond will become the property of the Owner because of failure of the Bidder to comply with specified requirements. MISCELLANEOUS The undersigned agrees to complete all shown on the drawings and in the specifications within the time limits set for above subject to additional days that may be added due to inclement weather and/or other justified and reasonable extensions or time as may be approved by the Owner. A working day is defined as a calendar day, in which weather or other conditions of under the control of the company will permit the performance of the principal units of work underway for a continuous period of not less than seven (7) hours between 7:00 A.M. and 6:00 P.M. Contractors that are awarded contracts'shall-be"prepared'to-in-nnetli-ately's-it'd~',;vri q~ith-'th~-City-b-f Denton Representatives and present a plan that will illustrate how progression of work is to take place to insure completion within agreed upon days from the date of award. A notice to proceed with work onsite will be issued upon receipt' of Performance and Payments Bonds plus the required Insurance Certificate. The undersigned agrees that the Owner may retain the liquidated damages of Five Hundred Dollars ($500.00/day) from the amount to be paid to the undersigned for each calendar day that the work contemplated remains incomplete beyond the time set forth, Sundays and holidays INCLUDED. This amount is agreed upon as the proper measure of hquidated damages, which the Owner will sustain per day, by failure of the undersigned to complete the work at the stipulated time, and is not to be construed in any sense as a penalty. Payment will be made to the contractor within thirty (30) days after receipt of proper 'invoice and written acceptance of project from the Owner's representative, all required materials invoices, documentation, etc and all written warranties from both contractor and manufacturer. RFCSP 2749 (REVISED) New Cen~al Fire Station Addendum #2 (I-15-02) 4 EXAM~ATION OF SITE: By signing the Proposal Form; contractor acknowledges he is an authorization representative and has examiued 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 examiuation by Owner and architect, if same is required. NOTE: ON TI-IIS 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 e 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. (See Sales Tax Form ST-I) RFCSP 2749 (REVISED) New Central Fixe Station Addendum ~2 (1-15-02) 5 The undersigned Bidder further agrees to the following conditions: 1. An incomplete Proposal or one having additional information or other modifications inscribed thereon, may be cause of rejection of the entire Proposal. 2. 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. 3. That the Owner reserves the right to reject any or all bids and waive infonnahties and ' irregularities or to accept any bid considered advantageous to bim~ 4. That he, the Bidder, will not withdraw this Proposal for a period of the sixty (60) days from the date hereof. (Seal if submitted by a corporation) Respectfully submitted, -1-'11'-'1 I~,xn"¥ ~4~ur.~s,~..~: l~c... Proposer · 4~-I ~. 44~c-'g~-"T' ~.T. Ad.ess ~t~zed"~mc~ '~ ....... h ............. Title Date ~/ Phone Fax RFCSP 2749 (REVISED) New Central Fire Station Addendum fi2 (I-15-02) 6 THE AMERICAN. INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Tim Beaty Builders, Inc., 421 E. Hickory, 76201, Denton, TX 76202 as Principal, hereinafter called the Principal, and Colonial American Casualty and Surety Company 12222 Merit Drive, Suite 1360 Dallas, Texas, 75251 (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws ofthe State of Maryland as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF DENTON (Here insert full name and address or legal title of Owner} 901-B TEXAS ST., DENTON, TX 76201 es Obligee, hereinafter called the Obligee, in the sum of *** FIVE PERCENT OF BID AMOUNT*** Dollars ( 5% ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. ~EEREAS, the Principal has submitted a bid for W CENTRAL FIRE STATION (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee, shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee, in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bo~d or bonds, if the Principal shall pay to the Obligee, the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee, may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 24th day of January, 2002 (Witness) Tim Beaty Builders, Inc, (Principal) (Seal) · ~ ('l"gle) ~ . Colonial American Casualty and Surety (Surety) Company Staci Gross (Title) Attorney-in-Fact (Seal) ~ DOCUMENT A310- BID BOND -AIA ® - FEBRUARY 1970 ED -THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 Printed on Recycled Paper 9/93 EXTRACT FROM BY-LAWS OF THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power,' by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, conlracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and inslruments in the nature ofmortgages,...and to affix the seals of the Company thereto." EXTRACT FROM BY-LAWS OF THE COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or ahy Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presideats, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Companies may require, or to authorize any person or persons to execute on behalf of the Companies any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and inslruments in the nature ofmartgages,...and to affix the seals of the Companies thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the original Power of Attorney of which the foregoing is a full, ttue and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidems specially authorized by the Board of Directors to appoint any Attorney-in-Fact m provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and b~ authority of the following resolmion of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal ef the companiy and facsimile or mechanically reproduced signature of any Vice-president, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company shall be valid and binding upon the Company with the same force and effeCt as though manually affixed." IN TEsTIMoNY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 24th day of January , 2002 3ssistant Secretary CENTRAL ~ STATION RFCSP #2749 (Revised) BID BOND RFCSP #2749 (Revised) CIT'/OF DENTON December 16, 2001 The undersigned Offeror herebY declares that he/she has visited the site of the work and has carefully examined the Contract Documents pertaining to the work covered by the above proposal, and he/she further agrees to commence work within ten (10) days after the date of written notice to do so, and to have 100% of the work on which he has bid complete within consecutive calendar days. Enclosed with this proposal is a Certified Check for five percent of the Proposal or a Proposal Bond in the sum of five percent of the Proposal, which it is agreed shall be collected and retained by the Owner as liquidated damages in the event this proposal is accepted by the Owner within thirty (30) days after the proposals are received and the undersigned fails to execute the contract and the required bond for the Owner within ten (10) days after the date said proposal is accepted, otherwise, said check or bond shall be retumed to the undersigned upon request. Contractor (Firm_Name) , _____ Title: ~'e~l &~,l~ (President/Vice-President) Address Phone (.qqo) ~tl -37_'1~ Fax (. ~'~*) :$ e-i--i'q¢, I NEW CENTRAL FIRE STATION RFCSP#2? CITY OF DENTON BREAKDOWN OF THE PRICE PROPOSAL OF RFCSP #2749 DMSION DESCRIPTION $ AMOUNT ' Division 1 GENERAL REQUIREMENTS AND OVERHEAD AND PROFIT 343,140.00 Division 2 SITE WORK 108,946.00 Division 3 CONCRETE 533,306.00 Division 4 MASONRY 224,100.00 Division 5 METALS 210,510.00 Division 6 WOOD AND PLASTICS 224,196.00 Division 7 TI-I~RMAL AND MOISTURE PROTECTION 146,411.00 Division 8 DOOR AND WINDOW 143,811.00 Division 9 FINISHES 165,687.00 Division 10-13 SPECIALTIES 45,573.00 Division 14 CONVEYING SYSTEMS 33,900.00 Division 15 MECHANICAL - HVAC 385,000.00 MECHANICAL - PLUMBING 300,528.00 Division 16 ELECTRICAL 272,892.00 TOTAL BASE PROPOSAL 3,138,000.00 AMOUNT NEW CENTRAL FIRE STATION RFCSP#2~ CITY OF DENTON SUBCONTRACTORS The undersigned proposes to use the following listed subcontractors on this project. 1. Plumbing: 2. Mechanical 3. Electrical BCI MECHANICAL, BCI MECHANICAIo INC. C & G ELECTRIC General Contractor's Name: Address: City, State, Zip: Telephone No.: 940-387-3275 Tax Identification Number: I. Tim Beaty Builders, Inc. Pi O. Box 68 Denton, TX 76202 Fax No: 940-382-5461 75-2319724 GENERAL 1. Qualification information submitted shall be applicable only to the company entity or branch that will perform this Work. 2. Attach your Project Organi?ation Chart and resumes of individuals who would be assigned to this project including project manager, superintendent, scheduler, quality controller, etc. (See Attachments for Item I) 3. Proposed project schedule (Bar chart acceptable). (See Attachments for Item I) II. HISTORY I. [] Corporation [] Partnership [] Sole Proprietorship State of Incorporation: Texas 2. In continuous business since: 1983 Remarks (if required): Date of incorporation - February 12, 1990 [] Joint Venture 3. Corporate Officers, Partners or Owners of Organization: Name Bran~ Tim Beat3, President Te_T~9~_one Number 940-387-3275 Page 1 of 7 4. Check box(es) corresponding to the nature ofyou~ business: [] Large Business (100 or more employees) Small Business (fewer than 100 employees) [] HUB Business [] Other (Define) 5. Has your organi?-tion ever defaulted or failed, to complete any work awarded: [] Yes [] No If yes, stipulate where and why: HI. EXPERIENCE 1. Normally performs (List Trades) 2. Propose to perform own forces. (List Trades) 25 % of the work with own forces. Site preparation, demolition, rough carpentry, finish carpentry, specialties, housekeeping, utilities, Steel erection, concrete, drywall, acoustical ceilings 15 % ofthe work for this project with Site preparation, demolition, rough carpentry, finigh carpentry, specialties, housekeeping, utilities, steel erection, concrete, drywall, acoustical ceilings Page 2 of 7 List major construction projects your organi?ation has in-progress using format below: (Include as an attachment identified by item and mb-item). Name and Location of Project: See attachments Contract Amount: Percent Complete: Project Completion Date: Owner Reference Contact with Address and Telephone Number: Narne Telephone Number Address Architect Reference Contact with Address and Telephone Number: Satne Telephone Number Address Total number and dollar amount of contracts currently in progress: Number 5 Largest contract currently in-process: Anticipated date of completion: $ 2,569,180 Victor Equipment Company March 31, 2002 Page 3 of 7 6. Volume of work completed over last 5 years: (Through 12/31) $ 12,782,186 1999 $ 11,556,717 1998 $ 10,495,376 1997 $ 5,495,711 1996 $ 3,914,174 7. List major construction projects your organization has completed in the last 5 years with completion date and references. Other projects of particular significance may also be listed. (Include as an attachment identified by item and sub-item). Name and Location of Project: See Attachments Contract Amount: Percent Complete: Project Completion Date: Owner Reference Contact with Address and Telephone Number: Nanle Telephone Number Address Architect Reference Contact with Address and Telephone Number: NalIle Telephone Number Address Page 4 of 7 List pending claims and/or litigation at time of submitting Proposal. (Show project name, owner, owner's contact person with telephone number and summary explanation). Victor Equipment Company Harry Brown 940-566-2000 Plant RecomSguration Victor Equipment Company Filed Chapter 11 Bankruptcy on November 19, 2001. The balance of pre-petition invoices is $98~274. They have paid all post-petition invoices in a timely manner. IV. SAFETY PROGRAM 1. List your organization's Worker's Compensation Experience Modification Rate (EMR) for the last five years, as obtained fi:om your insurance agent. 2000 - 1.30 1997 1.03 1999 1.24 1996 1.00 1998 0.87 2. Complete matrix for the past five years, as obtained fi:om OSHA N.200 Log: 2000 1999 1998 1997 1996 Number of injuries and iliness 1 5 4 2 0 Number of lost time accidents 1 2 1 2 0 Number ofrecordable cases 0 3 3 0 0 Number of fatalities 0 0 1 0 0 Are regular project safety meetings held for Field Supervisor(s)? [] Yes [] No If yes, fi:equency: [] Weekly [] Bi-monthly [] Momhly [] As Needed Page 5 of 7 4. Are project safety inspections conducted? If yes, who performs inspection? B - Steps How often? Momhly B. Hugh Bwom [] Yes [] No 5. Does organization have a written safety program? [] Yes [] No If yes, provide a copy. It will become a compliance document upon contract award. (See Attachments for Item IV) 6. Does your organiTstion have a safety orientation program for new employees? [] Yes [] No For employees promoted to Field Supervisors? [] Yes [] No If yes, does your Supervisor Safety Program include instructions on the following? Safety work practices Tool box safety meetings First aid procedures Accident investigation Fire protection New worker's orientation Yes No [] [] V. QUALITY CONTROL PROGRAM 1. Submit a complete quality control program which will become a compliance document upon contract award. (See Attachments for Item V) 2. This plan should address all aspects of quality control including responsibility for surveillance work, acceptance, rejection, documentation and resolution of deficiencies, trend analysis and corrective action and interface with Owner's inspectors. Page 6 of 7 VI. TRADE REFERENCES 1. Trade References (Additional r~ferences may be included as attached sheets). Organization: Agent: Name of Contract: TX[ Gary Sims Telephone No. 940-382-4481 Organization: Agem: Name of Contract: Foxworth Galbraith Lumber Company Darrell Iw Telephone No. 940-387-6194 Organization: Acme Brick Agent: Name of Contract: Cary Edmonson Telephone No. 940-387-5804 Organi?ation: Agent: Name of Contract: R.E. Sweeney Company, Inc. Jim Day Telephone No. 817-834-7191 Page 7 of 7