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2001-048FILE REFERENCE FORM [ 2001-048 ] Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other 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) uosu~qo~ ~ IJo)~ llnee~lal 0 elJel~ e ollqnd ~JelON L00: 'oe aunt seJidxe uoIsslLu~oo 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~