2001-048FILE REFERENCE FORM [ 2001-048 ]
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FILE(S) Date Initials
Change Order #19 - Ordinance No. 2002-239 08/06/02
ORDINANCE NO ~00/- ~//tt~?
AN ORDINANCE ACCEPTING COMPETITWE BIDS AND AWARDING A PUBLIC WORKS
CONTACT FOR THE CONSTRUCTION OF T.E DOWNTOWN IMPROVEMENT PROSECT,
PROVIDING FOR THE EX ESOITt OF Ftn' S THEREFORE, PROVn INC aN
EFFECTIVE DATE (BID 2625 - DOWNTOWN IMPROVEMENTS PROJECTS AWARDED TO TRI
DAL LTD IN THE AMOUNT OF $695,625 55)
WHEREAS, the City has solicited, and received competitive sealed bids for the construction of
public works or improvements in accordance with the procedures of STATE law and City ordinances, and
WHEREAS, the City Manager or a designated employee has received and recommended that the
herein described bids are the lowest respondent for the construction of the public works or improvements
described in the bid invitation, and plans and specifications therein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive sealed bid for the construction ofpubhc works or
improvements, as described in the "Sealed Bid Invitations", or plans and specifications on file in the Office
of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and
approved as being the lowest responsible bids
BD
NUMBER CONTRACTOR AMOUNT
2625 TRI DAL LTD $695,625 55
SECTION II That the acceptance and approval of the above competitive sealed bid shall not
constitute a contract between the City and the person submitting the bid for construction of such public
works or improvements herein accepted and approved, until such person shall comply with all
reqmrem,nts specified in the Notice to Bidders including the timely execution of a written contract and
fumlsNng of performance and payment bonds, and insurance certificate after notification of the award of
the bid
SECTION III That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance w~th
the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice
to Bidders and Request for Sealed Bids, and documents relating thereto specifying the terms, con&t~ons,
plans and specifications, standards, quantities and specified sums contmned therein
SECTION IV That upon acceptance and approval of the above competitive sealed bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby anthonzes the expenditure of funds ~n the manner and m the mount as specified in such approved
bids and authorized contracts executed pursuant thereto
SECTION V That this ordinance shall become effective xmmedmtely upon as passage and
approval
PASSED AND APPROVED thls the ~5/~ dayof ~~2001
?
EUL1NE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY 2~c
BID 26 E 1-2001
ATTACHMENT 1
TABULATION SHEET
BID 2625 Date 1/18/01
DOWNTOWN IMPROVEMENTS
~ ~ ~ ~ ~ ~I ~, ~ t¥ ~l~ ~ , ¢I~ ARCHITECTURAL
~!~ ,~ , I~ TRIDALLTD
~ ~ ~ 'iA~ ~' ~' ~ ~ ~,~'~ ~ UTILITIES DBA- AUI
Pdnclple Place of Business SOUTHLAKE, TX FORT WORTH,TX
TOTAL BASE BID $459,295 45 $621,838 37
1
A~ernate ~, Cou~ Heuse Sl~e $185,269,50 $264,772 74
Paving and ~r~wa!ks
ALTERNATE 2 - Irrigation $34,324 10 $47,174 20
System
Alternate 3 - S~te accessories $62,560 00 $55,296 00
benches, planter boxes, etc
Alternate 4 - Landscape plants, $31,264 20 $62,049 80
flowers, bed, mulch
Alternate 5 - S~te accessorms $8,120 00 $7,160 00
Cou~ House Side
Altem~e 6- Resudaoe ali $51,060.60 $68,498 84
Interior StrUt Paving
BID BOND YES YES
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 6 day of_F_eb, mary~ D, 2001,
by and between C~ty of Denton of the County of Denton and State of Texas,
acting through ~hereunto duly authorized so to do, hereinafter termed
"OWNER," and
TRI DAL LTD
540 Commerce
Southlake: TX 76002
of the C~ty of Southlake , County of Tarrant and State of Texas
hereinafter termed "CONTRACTOR"
WITNESSETH That for and in conslderanon of the payments and agreements
hereinafter mennoned, 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
B~d 2625 - Downtown lmprovement,~ Pr~ects
in the amount of ~ and all extra work ~n connection therewith, under the
terms as stated ~n the General Conditions of the agreement, and at his (or their) own proper
cost and expense to furnish all materials, supplies, machinery, eqmpment, tools,
superintendence, labor, insurance, and other accessories and services necessary to complete the
work specified above, m accordance with the condmons and prices stated in the Proposal and
the Performance and Payment Bonds, attached hereto, and m accordance with all the General
Conditions of the Agreement, the Specml Conditions, the Notice to Bidders (Advertisement for
Bids), and Instructions to B~dders, 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
and the Specifications therefore, as prepared by
Parks and Reereatmn Department
all of which are referenced hereto and made a part hereof and collectively ewdence and
constitute the enttre contract
Independent Status
It is mutually understood and agreed by and between City and Contractor that
Contractor is an independent contractor and shall not be deemed to be or considered an
employee of the C~ty of Denton, Texas, for the purposes of income tax, w~thhold~ng, social
security taxes, vacation or s~ck leave benefits, worker's compensation, or any other C~ty
employee benefit C~ty shall not have superws~on and control of Contractor or any employee
of Contractor, and ~t ~s expressly understood that Contractor shall perform the services
hereunder according to the attached specdicat~ons at the general direction of the C~ty Manager
of the City of Denton, Texas, or h~s designee under th~s agreement
Indemmficat~on
Contractor shall and does hereby agree to ~ndemmfy and hold harmless the City of
Denton from any and all damages, loss, or habfl~ty of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or neghgent act of Contractor,
~ts officers, agents, employees, mwtees, and other persons for whom ~t ns legally hable, with
regard to the performance of th~s Agreement, and Contractor wdl, at ~ts cost and expense,
defend and protect the City of Denton against any and all such claims and demands
Choice of Law and Venue
Tfus agreement shall be governed by the law of the State of Texas and venue for ~ts
construction and enforcement shall he ~n the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date estabhshed
for the start of work as set forth m written not~ce to commence work and complete all work
within the t~me stated ~n the Proposal, subject to such extensions of time as are prowded by the
General and Specml Conditions
The OWNER agrees to pay the CONTRACTOR ~n current funds the price or prices
shown m the Proposal, which forms a part of th~s contract, such payments to be subject to the
General and Special Conditions of the Contract
CA - 2
IN WITNESS WHEREOF, the part~es of these presents have executed this agreement
m the year and day first above written
ATTEST
(SEAL)
ATT~ -'/~,/~/~ ~7~
CONTRACTOR
MAILING ADDRESS
PHONE NUMBER
FAX NUMBER
CITY ATT ~
CA - 3
BOND NO. 71 SB 103426369 BC~
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That ~tRL/~&~.Tl~_whose address is
540 Commerce: Sm,thlake_ TX 76092 , hereinafter called Pnnc~pal, and
TRAV'm'.RIIS CASUALTY AND SURETY COMPANY OF AMERICA a corporanon orgamzed and
ex~stmg under the laws of the State of Cr , and fully authorized to transact business
m the State of Texas, as Surety, are held and firmly bound unto the C~ty of Denton, a
mumctpal corporation orgamzed and extstmg under the laws of the State of Texas, hereinafter
called Owner, m the penal sum of S~x Hnndred Ninety Five Thousand S~x 14undred Twenty
F~ve and 55/100 DOLLARS ($_69.i,62if5_) plus ten percent of the stated penal sum as an
addmonal sum of money representing addmonal court expenses, attorneys' fees, and hqmdated
damages artsmg out of or connected w~th the below ~dentffied Contract, ~n lawful money of the
Umted States, to be prod ~n Denton County, Texas, for the payment of whtch sum well and
truly to be made, we hereby brad ourselves, our hetrs, executors, adm~mstrators, successors,
and assigns, jomtly and severally, firmly by these presents Th~s Bond shall automancally be
increased by the amount of any Change Order or Supplemental Agreement whmh increases the
Contract price, but ~n no event shall a Change Order or Supplemental Agreement which
reduces the Contract price decrease the penal sum of th~s Bond
THE OBLIGATION TO PAY SAME ~s condmoned as follows Whereas, the
Pnnc~pal entered ~nto a certain Contract, tdentffied by Ordinance Number 2001-048, w~th the
C,ty of Denton, the Owner, dated the 6 day of _Y_ehamry_ A D 2001, a copy of which
~s hereto attached and made a part hereof, for Bid # 2625 - Downtown Improvements Pr~ect
NOW, THEREFORE, ~f the Pnnclpal shall well, truly and faithfully perform and fulfill
all of the undertaktngs, covenants, terms, condmons and agreements of smd Contract m
accordance w~th the Plans, Spemficat~ons and Contract Documents during the original term
thereof and any extension thereof which may be granted by the Owner, w~th or without noUce
to the Surety, and dunng the hfe of any guaranty or warranty reqmred under th~s Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, cond~ttons
and agreements of any and all duly authorized modfficattons of smd Contract that may
hereafter be made, nonce of which modfficanons to the Surety being hereby wmved, and, ff the
Pnnc~pal shall repair and/or replace all defects due to faulty materials and workmanship that
appear wtthm a period of one (1) year from the date of final complenon and final acceptance of
the Work by the Owner, and, ,f the Principal shall fully ~ndemmfy and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
here~n and shall fully reimburse and repay Owner all outlay and expense which the Owner may
incur ~n making good any default or deficiency, then th~s obhgat~on shall be void, otherwise, it
shall remain ~n full force and effect
PB- 1
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 m anywise affect its obligation on this Bond,
and it docs 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,
Specfficat~ons, 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 m Denton County to whom any requisite notices may be delivered and on
whom service of process may be had m 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 6 day of_Ee.,hmary~, 2001
ATTEST PRINCIPAL
TRI DAL, LTD.
SECRETARY BY ~
PRESIDENT //
ATTEST SURETY
ATTORNEY-IN-FACT
PAULINE L LESCH
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME PCL CONTRACi' BONDING AGENCY
STREET ADDRESS 206 ELM ST., ~105, LEWISVILLE, TEXAS 75057
(NOTE Date of Performance Bond must be date of Contract If Resident Agent ts not a
corporaaon, g~ve a person's name )
PB - 2
BOND NO. 71 SB 103426369 BCM
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That ~, whose address is
540 Commerce Southlake: TX 76002. hereinafter called Principal, and
~ ~ ~on organized and existing under the laws of the State of CT
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 S,x l-lundred N~nety F,ve Six l-hmdred Twenty Five
~DOLLARS ($695,625 55) 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 2001-048, with
the City of Denton, the Owner, dated the 6 day of __.Ee, hnlary__ A D 2001, a copy of
which is hereto attached and made a part hereof, for Bid 2625 - Downtown Improvement
Pr~ects.
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 materml 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 he tn 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 notme 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
PB - 3
Th~s Bond ~s g~ven pursuant to the prows~ons of Chapter 2253 of the Texas
Government Code, as amended, and any other apphcable statutes of the State of Texas
The undersxgned and designated agent ~s hereby designated by the Surety here~n as the
Resident Agent m Denton County to whom any reqmsne nonces may be dehvered and on
whom service of process may be had m matters arising out of such suretyship, as prowded by
ArUcle 7 19-1 of the Insurance Code, Vernon's Annotated C~wl Statutes of the State of Texas
IN WITNESS WHEREOF, th~s instrument ~s executed ~n 4 cop~es, each one of
which shall be deemed an original, thls the 6 day of.Eflxmar~, 2001
ATTEST PRINCIPAL
TRI DAL, LTD.
SECRETARY BY
PRESID~-4NT ~
ATTEST SURETY
TRAV~.k"RS CASUALTY AND SURETY COMPANY OF AMERICA
ATTORNEY-IN-FACT
PAULINE L. LESCH
The Resident Agent of the Surety m Denton County, Texas for dehvcry of not~cc and service
of the process ~s
NAME PCL ~CT BONDING AGENCY
STREET ADDRESS 206 EI~ ST., #105, LEWISV/LLF., TEXAS 75057
(NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a
corporatton, gtve a person's name )
PB - 4
IMPORTANT NOTICE
To obtatn ~nformat~on or make a complatnt
You may contact the Texas Department of Insurance to obtatn reformation
on compames, coverages, rights or complatnts 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 dtspute concermng your premium or about a claim you
should contact the agent or the company first If the dtspute ts not resolved,
you may contact the Texas Department of Insurance
ATTACH THIS NOTICE TO YOUR POLICY:
Thts not,ce ~s for ~nformatton only and does not become a part or cond~tton
of the attached document
TRAVELERS CASUALTY AND SURETY COM3)ANY OF AMERICA
TRAVELERS CASUALTy AND SURETY COMPA~
FARM~GTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
TRAVELERS CASUALTY AND SURETY COI~PANY OF ILLINOIS
lVapervtlle, Illinois 60563-8458
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMiPANy OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANy,
corporations duly organized under the laws of the State of ConnecUcut, and hawng their pnnclpal offices in the City of Hartford,
County of Harfford/~Stata of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a
corpomUon duly orgamzed under tho laws of the State of llhnots, and having its pnnclpal ofl3ce In the City of Napennlle, County of
DuPage, State of Ilhno~s, (herelnal~er the "Companies") hath made, consututed and appointed, and do by these presents make,
consUtute and appoint Pauline L Lesch, Clem F Lesch, Gary Matula, Stereo J Zlnecker or Beverly Webb * *
of Lew~s,nlle, TX, their true and lawful Attorney(s)-m-Fact, w~th full power and authority hereby conferred to s~gn, execute and
acknowledge, at any place vatinn the Umted States, or, fi' the following line be filled m, ~utinn the area there designated
the fullovnng Instrument(s)
by Ins/her sole signature and act, any and all bonds, recogruzances, contracts of lndemmty, and other wnUngs obligatory ~n the
nature of a bond, recogmzance, or conditional undertakang and any and all consents incident thereto
and to bind the Companies, thereby as fully and to the same extent as if the same were signed b2, the duly authorized officers
of the Companies, and all the acts of smd At~orney(s)-m-Fact, pursuant to the authority herein g~ven, are hereby ratified and
confirmed
Tins appointment ~s made under and by authority of the folloxvmg Standing Resolutions of smd Compames, wtuch Resoluuons are
now m full force and effect
VOTED That the Chamuan, the President, any Vice Chou'alan, any Executive Vice President, any Semor Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-m-Fact
and Agents to act for and on behalf of the company and may give such appomten such anthortty as his or her certificate of authority may prescribe
to sign v~th the Company's name and sea1 w~th the Company's seal bonds, recogmzancas, contracts of mdcmmty, and other writings obligatory m
the nature of a bond, recognizance, or conditional andertakmg, and any of said officers or the Board of Du'ectors at any hme may remove any such
appointee end revoke the power given bxm or her
VOTED That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Semur Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of ti'us Company, provided that each such delegation is
m wntm$ and a copy thereof' is filed un the office of the Secretary
VOTED That any bond, reco~uzance, contract of mdermut~, or writing obligatory m the nature of a bond, recogmzance, or condltlonaI
undemkmg shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Semor Vice President o]r any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested end sealed wtth the Conlpany's seal by a Secretary or Assistant Secretary, or (b) duly executed (ander seal if
required) by one or more Attorneys-m-Fact and Agents pursuant to the pov, er prescribed m his or her certificate or then" certificates of authority or
by one or more Company officers pursuant to a w'atten delegation of authority
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the follo~vlng
Standing Resolution[ voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COiVIPANY, FARMINGTON CASUALTY COM~PANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now ia full force and effect
VOTED That the signature of each of the follo',vmg officers President, any Execuhve Vice President, any Scmor Vice President, any Vice
President, any Asslstantl Vice President, any Secretary, any Assistant Secretary, and the san1 of the Company may be affixed by fecsurule to any
power of attorney or to a~ny ce~cate relating thereto appointing Resident Vice Presidents, Resident Assistant Senretanes or Attorneys-m-Fact for
purposes only of executing end attesting bond~ and undertalongs end other writings obligatory m the nature thereof, and any such power of attorney
or certificate beanng such facsmulc signature or facsmule seal shaIl be valid and binding upon the Company and any such pov. er so executed and
certified by such facsanile signature and fassmule seal shall be valid and binding upon the Company m the future ',~nch respect to any bond or
under.nog to wluch it is attached
97)
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CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bulder's attentzon ts directed to the tnsurance requtrements below It ts htghly recommended
that btdders confer wtth thetr respecttve tnsurance carrters or brokers to determtne tn advance
of But s#bmtsston the avadabdtty of insurance certificates and endorsements as prescribed
and provuted heretn If an apparent low bidder fads to comply strictly wtth the tnsurance
requtrements, that butder may be dtsquahfied from award of the contract Upon bul award, all
tnsurance requirements shall become contractual obhgattons, whtch the successful bidder
shall have a duty to matntatn throughout the course of this contract
STANDARD PROVISIONS:
Without ltmtttng any of the other obltgattons or ltabtltttes of the Contractor, the Contractor shall
provtde and matntatn untd the contracted work has been completed and accepted by the Ctty of
Denton, Owner, the mtntmum insurance coverage as indicated heretnafter
As soon as practicable after nottficatton of bld award, Contractor shall file with the Purchastng
Department satisfactory certtficates of insurance, containing the btd number and title of the
project Contractor may. upon written request to the Purchastng Department, ask for
clarlficatton of any tnsurance requtrements at any time, however, Contractors' are strongly
advised to make such requests prtor to btd opening, stnce the tnsurance requirements may not be
modified or watved after btd opentng unless a wrttten exception has been submitted with the bid
Contractor shall not commence any work or dehver any material unttl he or she recetves
nottficatlon that the contract has been accepted, approved, and stgned by the Ctty of Denton
All insurance pohctes proposed or obtatned tn sattsfactton of these requtrements shall comply
with the followtng general spectficattons, and shall be maintained tn comphance with these
general spectftcattons throughout the duratton of the Contract, or longer, tf so noted
· Each pohcy shall be ~ssued by a company authorized to do business in the State of
Texas w~th an A M Best Company rattng of at least A
· Any deductibles or selfqnsured retentions shall be declared tn the bid proposal If
requested by the Ctty, the ~nsurer shall reduce or ehm~nate such deductibles or
self-insured retentions w~th respect to the City, its officmls, agents, employees and
volunteers, or, the contractor shall procure a bond guaranteetng payment of losses
and related ~nvest~gat~ons, clmm administration and defense expenses
· L~ab~llty pohcles shall be endorsed to prowde the following
· . Name as adChtlonal tnsured the City of Denton, its Ofhcmls, Agents,
Employees and volunteers
oo That such insurance is primary to any other insurance available to the
add~tlonal insured with respect to claims covered under the pohcy and that th~s
~nsurance apphes separately to each insured against whom cl0am ~s made or
stat ~s brought The ~ncluslon of more than one insured shall not operate to
~ncrease the ~nsurer's hmlt of habfl~ty
· All policies shall be endorsed to r~nd:
"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 reqmred insurance be provided under a claims-made form,
Contractor shall m0antain such coverage continuously throughout the term of th~s
contract and, w~thout lapse, for a period of three years beyond the contract expiration,
such that occurrences arising dunng the contract term which g~ve rise to claims made
after expiration of the contract shall be covered
· Should any of the reqmred insurance be provided under a form of coverage that
includes a general annual aggregate hmlt prowdlng for claims investigation or legal
defense costs to be included ~n the general annual aggregate hm~t, the Contractor
shall e~ther double the occurrence hm~ts or obtain Owners and Contractors Protective
Lmbd~ty Insurance
· Should any required insurance lapse dunng the contract term, requests for payments
ongmatmg after such lapse shall not be processed until the City receives satisfactory
ewdence of reinstated coverage as requtred by this contract, effective as of the lapse
date If insurance ~s not retnstated, City may, at ~ts sole option, terminate this
agreement effective on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All tnsurance pohctes proposed or obtalned tn sattsfactton of this Contract shall addtttonally
comply wtth the followtng marked spectficattons, and shall be matntatned tn comphance with
these addtttonal spectficattons throughout the duratton of the Contract, or longer, tf so noted
[X] A General Liability Insurance:
General Dabfllty ~nsurance w~th combined stngle hm~ts of not less than $1 :OC~O:Of~O
shall be provided and mmntalned by the Contractor The pohcy shall be written on
an occurrence bas~s e~ther tn a single policy or m a combination of underlying and
umbrella or excess pohcles
If the Commercml General Dablhty form (ISO Form CG 0001 current edition) is
used
· Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual habd~ty covenng th~s
contract and broad form property damage coverage
· Coverage B shall include personal ~njury
· Coverage C, medical payments, ~s not required
If the Comprehensive General L~abfl~ty form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) ~s used, ~t shall include at least
· Bodily ~njury and Property Damage L~abd~ty for prermses, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures
· Broad form contractual habfl~ty (preferably by endorsement) covenng th~s
contract, personal ~njury habfl~ty and broad form property damage babfl~ty
IX] Automobile Liability Insurance:
Contractor shall prowde Commercial Automobile L~abfl~ty insurance with Combined
Single Dm~ts (CSL) of not less than $1:0~:oo~ egher ~n a single pohcy or ~n a
combination of basic and umbrella or excess pohc~es The pohcy will include bodily
injury and property damage habd~ty arising out of the operation, maintenance and use of
all automobiles and mobile equipment used in conjunction w~th this contract
Sat~sfactlon of the above reqmrement shall be m the form of a pohcy endorsement for
· any auto, or
· all owned, h~red and non-owned autos
IX] Workers Compensation Insurance
Contractor shall purchase and mmnta~n Worker's Compensation insurance which, m
addition to meeung the m~mmum statutory requirements for issuance of such insurance,
has Employer's Lmbfl~ty hrmts of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 pohcy hrmt for occupational disease The C~ty need not be
named as an "Adcht~onal Insured" but the insurer shall agree to wmve all rights of
subrogation agmnst the City, ~ts officials, agents, employees and volunteers for any work
performed for the C~ty by the Named Insured For budding or construction projects, the
Contractor shall comply w~th the prows~ons of Attachment 1 ~n accordance w~th
§406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's
Compensation Commission (TWCC)
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times dunng the prosecution of
the work under this contract, an Owner's and Contractor's Protective Dablhty 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 cannes the Contractor's llab~hty insurance Pohcy limits will be at least
__combined bochly injury and property damage per occurrence with a
aggregate
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Llablhty is not provided or is unavailable to
the contractor or if a contractor leases or rents a port,on of a C~ty building Limits of not
less than each occurrence are required
[ ] Professional Lmbfl~ty Insurance
Professional habihty ~nsurance with hrmts not less than. per claim with
respect to negligent acts, errors or omissions in connection with professional services is
required under this Agreement
[ ] 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 Condlt:ons" of the contract
specifications
ATTACHMENT 1
[X] Worker's Compensation Coverage for Building or Construction ProJects for
Governmental Entities
A Definitions
Certificate of coverage ("certlficate")-A copy of a certificate of insurance, a
certificate of authority to self-~nsure 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 ent~ty's employees
providing services on a project, for the duration of the project
Duration of the project - includes the t~me from the beginmng 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 provichng services on the project ("subcontractor" in §406 096) - includes all
persons or entities perforrmng all or part of the services the contractor has undertaken
to perform on the project, regardless of whether that person contracted directly w~th
the contractor and regardless of whether that person has employees Th~s includes,
without limitation, independent contractors, subcontractors, leasing compames,
motor careers, owner-operators, employees of any such entity, or employees of any
entity which furnishes persons to provide services on the project "Services" include,
without hmitation, providing, hauling, or dehvenng equipment or materials, or
prowdlng 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 dehvenes, and delivery of portable toilets
B The contractor shall provide coverage, based on proper reporting of classlf~catlon
codes and payroll amounts and filing of any overage agreements, wh:ch meets the
statutory reqmrements of Texas Labor Code, Section 401 011(44) for all employees
of the Contractor providing services on the project, for the duration of the project
C The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract
D If the coverage period shown on the contractor's current certificate of coverage ends
dunng 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
E The contractor shall obtmn 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 provlrhng 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 dunng the duration of the project
F The contractor shall retmn all required certificates of coverage for the duration of the
project and for one year thereafter
G The contractor shall notnfy the governmental entity in writing by certihed 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
H 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
provlthng servmes 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 mqmre each person w~th 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
reqmrements of Texas Labor Code, Section 401 011(44) for all of its
employees provlrhng 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 dunng the duration of the project,
(4) obtain from each other person w~th whom ~t 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 dunng the duration of the project,
(5) retmn all required certificates of coverage on file for the durauon of the project
and for one year thereafter,
(6) not~fy the governmental entity in writing by certified mall 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
reqmred by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing serwces
J By s~gmng th~s contract or providing or causing to be prowded a certificate of
coverage, the contractor ~s representing to the governmental entity that all employees
of the contractor who will provide services on the project wall be covered by workers'
compensation coverage for the duration of the project, that the coverage will be
based on proper reporttng of classification codes and payroll amounts, and that all
coverage agreements wall be filed with the appropriate tnsurance camer or, in the
case of a self-insured, w~th the commission's D~vlslon of Self-Insurance Regulation
Prowchng false or misleading ~nformatlon may subject the contractor to
admlmstrat~ve penalties, criminal penalties, ctwl penalties, or other c~vll actions
K The contractor's fmlure to comply with any of these prows~ons ~s a broach of contract
by the contractor which entitles the governmental entity to declare the contract void
if the contractor does not remedy the broach w~th~n ten days after receipt of not~ce of
broach from the governmental entity
B~d 2625- Downtown Improvements Project - CONTRACT, Bonds & INS 2 2001
BID SUMMARY
TOTAL BID PRICE IN WORDS ]t~/, ~t/n~/'~/-~t~/'~/v
In the event of the award of a contract to the undersigned, the undersigned will furnish a
performance bond and a payment bond for the full amount of the contract, to secure proper
compliance with the terms and provisions of the contract, to insure and guarantee the work until
final completion and acceptance, and to guarantee payment for all lawful clmms for labor
performed and materials furmsbed ~n the fulfillment of the contract
It is understood that the work proposed to be done shall be accepted, when fully completed and
finished in accordance with the plans and specifications, to the satisfaction of the Engineer
The undersigned certifies that the b~d prices contained in th~s proposal have been carefully
checked and are submitted as correct and final
Umt and lump sum prices as shown for each ~tem hsted ~n this proposal, shall control over
extensions
CONTRACTOR
Street Address
C~ty and State
Seal & Author,zat,on
(If a Corporat,on) ~;~ 7' q6f/ :
Telephone
B-1
BID SUMMARY
PROJECT WORK DAYS BID
TOTAL PRICE FOR BASE BID //~ ~tflP "~._ ~"
TOTAL PRICE FOR ALTERNATE 1
TOTAL PRICE FOR ALTERNATE 2
TOTAL PRICE FOR ALTERNATE 3 ~ /~.,,J;;, ~Z, ~5'~,~2 '~
TOTAL PRICE FOR ALTERNATE 4
4
TOTAL PRICE FOR ALTERNATE 5
TOTAL PRICE FOR ALTERNATE 6
The City shall award the contract based on price and completion Ume The C~ty may select to
add alternates to the bid All ~tems awarded will go to the same contractor The projects above
have been divided for bookkeepmg purposes only Workdays will be based on a total of all ~tems
awarded to the contractor
B-2
PURCHASING DEPARTMENT BID INVITATION
Cny of Denton
901 B Texas St CITY OF DENTON, TEXAS
Denton TX 76201
Date January 10, 2001
BID NUMBER 2625 - ADDENDUM//2
BID TITLE Downtown Improvements
Sealed bid proposals will be received until 2.ilo .n_m.: .l~mmry. 1~.
~001, at the office of the Purchasing Agent, 901-B Texas St, Denton
Texas 76209
For additional ~nformatlon contact
PURCHASING DEPARTMENT
ADDENDUM 901-B Texas Street
Denton Texas 76209
Office DFW Metro
I 940 349 7100 817 267 0042
I INSTRUCTIONS TO BIDDERS
Sealed bid proposals must be~l~Lln--d~, on th~s form, prior to opening date and t~me to be considered Late proposals wdl be
returned unoponed
2 Bids shall be plainly marked as to the bid number, name of the bid, and bid opemng date on the outside of completely sealed envelope and
mailed or delivered to the Purchasmg Departraent, City of Denton, 901 B Texas St Denton TX 76201
3 Any submitted article deviating from the spoctfieatlous must be Mentlfied and have full descriptive data accompanying same, or it wdl not
be considered
4 All materials are to be quoted FOB Denton Texas delivered to the floor of the warehouse or as otherwise indicated
5 The City of Denton Texas reserves the right to accept separate items m a bid unless th~s right ~s denied by the b~dder
6 In case of default after bid acceptance, the City of Denton Texas may at us opoon hold the accepted bidder or contractor hable for any and
all resultant increased costs as a penalty for such default
7 The C~ty of Denton reserves the r~ght to reject any and all bids to waive all ~nformaht~es and reqmre that submitted bids remmn m force
for a s~xty (60) day per~od after opening or until award is made whichever comes first
8 The quanttoes shown may be approximate and could vary according to the reqmremems oi the Cay of Denton throughout the contract
per~od
9 The ~tems are to be priced each net (Packagmg or sfupplng quanttoes will be considered )
l0 The Purchasing Department assumes responslbdlty for the correctness and clarity of th~s bM and all reformation and/or questions
pertaining to th~s bid shall be d~rected to the C~ty of Denton Purchasing Agent
l I Any attempt to negotiate or give information on fue contents of this bid with the City of Denton or its representatives prior to award shall
be grounds for disqualification
12 The condtoons and terms of this fud wdl be considered when evaluating lot award
13 Fhe C~t¥ o f Denton la exempt from all sales and excise taxes (Article 20 04
Work rl~ys
Bid No
BID TABUL$-TION SHEET P O No __
'"' I ~'~i~:'"" I q...av I~.,q u.i~-~ ! ~'r.,.~
,2~MUI ITION
I
PAVIN~ & DRAINAGF
Unit Pstc~ In Win& ~ I~
Work Days ,~__
Bid No
BIO TAmULATION SHEET P 0 Nu
(no~~ ~
Work Days
B~d
BiO TABULATION SHEET P 0 Nh'
24 Ilandrafls 50 /~D - /
Unit Prme In words
2~; '" SCH 200 P~C" 250
~t3lt Price In
2~ ~ w/SW~ FittingS" PVC 2240
Untt Price In Wo~5
27 i~move & ~torc m~tal st~, install PVC sl~ve 24
I umt ~ce In wor~$
Page 5
Work Days
B~d No
BIO TABULATION SHEET
fl,TERNATK BID I: COURt gOU~~- SIDE PAnG
~EMOLI tION
1 Rm.uw As halt pavement Ed omtll
Umt Price l~ Words ~ ~
U~ Prme In Words ~/ ff
Uu~ ~ s~c In Wor&s ~
Unit ~e In WcltlLf ~
PA~ ~
Page 6
Wnrk Days
Bid No
BID TABULATION SHEET P O No
Unit Prt~c h* Wortt~ ( ~ ~
I'
Page 7
Work Days t _
B,d No
BIB TABULATION SHEET P O No
oral
AL'I_FRNATi~, mD 2. IRRI[~ATiON
~~,, o~ 72
· I
UmtP~celn Word~ /~N, t,,~¢ ¢~J[~
i
Umt ~'rice In Words 'Ti~.
Work Days
Bid No
BID TABULATION SHEET P O No
Unit Price In ~/or~ls
56 t/2" Class tO0 P¥( 20 $ '~ /
Umt t~cc In Worth
- /~. /~ -
Unit Word
62 Pem~ a-lq Freeze gcnsor 4
Umt Pn~; In Words
63 14 Il B IOO
Unit ~
Page 9
Work Days
B~d No
. BID TABULATION SHEET P O No
Page10 ~
Work ['l~y~
Bid No
BID TABULATION SHEET P O No
Page 11
Work Days
~,~d No
BID TABULATION SHEET P O No
Pa~e12 f
Work Days
B~d No
BID TAI~ULATION SHEET P O No
Please ~oknowledge receipt of Addendum 2 by slgnlng this sheet and returning along
~w~t ~ r bid propoSalco~ ~/~--~.7~ t~
Page 13
Mar-01-OI Og Sgam From-SOUTHWEST ASSURANCE +Z146914961 T-6~6 P 02/04~ F-O1Z
~R 91 49 THIS CE~ ~ICATE iS ISSUED ~ A MA~ER OF ~FOR~TION
ONLY AND CONFERS NO R~GHTS UPON THE GEt. FlUTE
K & S Group ~ Znc ~ HOLDER ~IS CERTIFICATE DOE8 NOT AMEND~.~END OR
South~es~ Assurance Group, Znc. ALT~R THE COVE~E AFFORDED BY THE PO~CIES BELOW
9~ N. Centra~ Expressway, Suite 9~0 INSURER~AFFORDINGCO~GE
~NSU~e. ~ S~NE ,~u~e~ ZURZCH ~ERZ~N INsu~CE~PAN~
AN AFFZLZAT~D COmPlY OF ~Z DAL, L~. ,~u~e~ NATIONAL SuR~ INS CO (~E~N 5 FUND)
~40 ~ERCE STREET r~SU~e~C ~ERZ~N ZURZCH ZNSU~E~MPAN~
~LAK~,~ TEXAS 7609Z ~u.e~o~su~e ~ARY~ND ZNSU~C~ COMP~
~Y PERTA~ T~E INSU~NCE AFFORDED ~Y T~ POkICl~8 DESCRIBED ~EREIN I~ 8UB~ECT TO AL~ THE TERUS, ~CLUS]ONS AND CON,IONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN ~Y HAVE BEEN REDUCED BY PAID C~MS
GaHB~L~al~ ~L02978904 04/02/2000 04/02/2001 e~HOCCU~ENCE ) S 1,000,0~
~ XCU ZNCLUDEO
AUTOMOBILE LIABILI~ ~TAP2978902 04/02/2000 04/02/2001 COMBINED SINGLE LIMIT
X HIRED CAR PHY$X~L PROPER~D~OE
D~ $60, O00-PRZM
~oeSS~lAm~ ~X~-0009628424S 04/02/2000 04/02/2001 E~HOCOUR~ENCE
~a~R~OO~EN~ON~O ~Z978903 04/02/2~00 04/02/2001 X ITOR~[~ns~WC TU
EMPLOYa~ H~IL~ E L ~CH ACCIDENT t
C E~ DISEASE EAEM~LOY~I
;C DISE~E POU~YUM~ ~ SO01000
~RA~OR'S ~UZPMENT ~IM299S749 04/O~/ZO00 04/0Z/2001 ~9,472,086 ~N~ OF ZNSURANCE
O RENTED/L~E~ EOT SSO0,O00
~Y ZTEM $1.0~0 000 ~Y ~SS.
~RO3EO, e01024-6 DENTON SQUARE,, C~ty of Denton. ~ts Officials. Agents. E~loyees aha volunteers are
;a~d as additions; 4nsuredCPe~ry & Non-~ntr~butory}~n respect to all l~ab~lqty ~l~c~e~ as required
~y written contract or agree~n:, Waiver of Subrogation ~s added ;n favor of C~ty of Denton.
9ff~c~als, agents, employees and volunteers ~n respect to the ~orkers' Co~ensat~on
**~NCEL~TZON C~USE ZS ~ENDED, PL~SE SEE A~ACHED~* (RE~SED CERT DATED 2-13-01)
CERTIRICATE HOLDER ] I ~PnlONA~ INSUREDF INSURER ~B~R ~ CANCEL~ON
CZ~ OF DE~ 3~ DAYSW~NO~CEYOYHEeER~FI~HO~E~NAM~DTOYHBLEFT
Charlte M~ll er/TAMHY
Mar-Ol-01 09 90am From-SOUTHWEST ASgURANCE +2145914961 T-ZgS P 09/04~ F-OIZ
J
L"']:rY OF DENTON
Certificate ~ssued to C~TYOF DENTON i 03/O1/ZO0~
K & S Group~ InC,
03/01/2001
PRO]ECT #01024-6 DENTON SQUARE
SAID POLICY SHALL NOT BE CANCELL£D, NON-RENEWED OR MATERIALLY CHANGE W~THOUT 30 DAYS ADV~NCED WRZTTEN
NOT~CE BEING GIVEN TO THE OWNER (C:TY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF
PREMIUM ~N WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED"
Mar-01-O1 09 30am From-SOUTHWEST ASSURANCE +Z14Eg14961 T-Z86 P 04/04' F-O1Z
IMPORTANT
If the certlficete holder is an ADDITIONAL INSURED, the pohcy(iea) must be endorsed A statement
cn this certificate does not confer r~ghts to the cert~flcete holder in heu of such endorsement(s)
If SUBROGATION IS WAIVED, subject to the terms and condlhons of the pohc¥, certmn policies may
require an endorsement A statement on this certificate does not confer fights to the ce~llficate
holder in lieu of such endorsement(s)
DISCLAIMER
The Ceft~t~oate of Insurance on the reverse aide of th~s form does not conetftute a contra~ between
the ~ssutng insurer(s) authorized representet~ve or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the pohcles heted thereon
ACORD 26~