2001-289 O O=ANCE NO
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION FOR CONCRETE FLATWORK FOR COOPER
CREEK REGIONAL DETENTION POND gl, PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2700 -CONCRETE
FLATWORK FOR COOPER CREEK REGIONAL DETENTION POND #1, AWARDED TO
FLOYD SMITH CONCRETE, INC, DENTON, TX, IN THE AMOUNT OF $279,051 58 )
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construcuon 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 responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications there~n,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" 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
BID
NUMBER CONTRACTOR AMOUNT
2700 Floyd Snuth Concrete, Inc $279,051 58
SECTION II That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for constmcUon of such
pubhc works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, and insurance certificate after notlficauon 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
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantmes and specified sums contained therein
SECTION IV That upon acceptance and approval of the above compeut~ve b~ds and the
execuUon of contracts for the pubhc works and ~mprovements as authorized hereto, the C~ty Council
hereby authorizes the expenchture of funds m the manner and in the amount as specified m such
approved b~ds and authorized contracts executed pursuant thereto
SECTION V That th~s ordinance shall become effective lmmechately upon tts passage and
approval
ool
PASSED AND APPROVED th, s the :/~' day of ~..~./-~ ,~
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY _~
2700
ATTACHMENT 1
TABULATION SHEET
BID # 2700 Date 7/26/01
Concrete Flatwork tor (Jooper c;reeK He,r,lonal LJemenuur] r'unu ~ ~
DESCRIPTION VENDOR VENDOR VENDOR
No I Qty I Unit
~ Floyd Smith Seneca Corp Earth Broiders
Principle Place of Business Denton, TX Denton, TX Denton, TX
I 1450 SY Concrete D~vers~on Channel $ 45,675 00 $ 71,050 00 $ 87,000 00
2 26 CY Co~creteRetmnmgWall $ 12,586 08 $ 15,600 00 $ 22,100 00
3 2450 SY Concrete P~lotChannel $ 78,27750 $ 105,35000 $ 110,25000
4 1400 SY Concrete Overflow Flume $ 40,320 00 $ 65,800 00 $ 79,800 00
5 100 SY Concrete Slope Flumes $ 2,790 00 $ 4,700 00 $ 5,200 00
6 370 SY Concrete Mmntenance Ramps $ 12,32100 $ 17,39000 $ 19,24000
7 1780 SY ConcreteForebays $ 55,002 00 $ 69,42000 $ 80,100 00
8 200 CY PVC Coated 3' x 3' Box Gab~on $ 26,250 00 $ 25,000 00 $ 33,000 00
9 1 EA Junctmn Box (10' x 6' x75') $ 3,78000 $ 10,00000 $ 12,00000
10 1 EA 'Headwall $ 750 00 $ 650 00 $ 2,500 00
11 2 LF East ~n Place 3' x 3' Box Culvert $ 30000 $ 50000 $ 4~00000
12' 5 LF Cast ~n Place 4' x 4' Box Culvert $ 1 ~000 00 $ 1 ~500 00 $ 10,000 00
ProJect Total Cost
MATERIALS
LABOR
TOTAL $ 279~051 58 $ 386,96000 $ 465,19000
BID BOND yes yes yes
DELIVERY
3
Concret~ Flatwork Bid # 2700 CITY OF DENTON
For Cooper Creek Regional Detention Pond # 1 July 11,2001
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 21st day of August
A D, 2001, by and between City of Denton of the County of Denton
and State of Texas, acting through Michael A Conduff thereunto duly authorized so to do,
hereinafter termed "OWNER," and
Floyd Smith Concrete, Inc
P O Box 1781
Denton~ TX 76202
of the City of Denton , County of Denton and State of Texas , hereinafter
termed "CONTRACTOR"
WITNESSETH That for and ~n consideration of the payments and agreements hereinafter
mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds
attached hereto, CONTRACTOR hereby agrees w~th OWNER to commence and complete
performance of the work specified below
Bid #2700 Concrete Flatwork For Cooper Creek Regtonal Detention Pond # 1
in the mount of $279, 051 58 and all extra work in connection therewith, under the terms
as stated in the General Conditions of the agreement, and at his (or their) own proper cost and expense
to furnish all matermls, supplies, machinery, equipment, tools, superintendence, labor, insurance, and
other accessories and services necessary to complete the work specified above, in accordance with the
conditions and prices stated xn the Proposal and the Performance and Payment Bonds, attached hereto,
and in accordance with all the General Conditions of the Agreement, the Special Conditions, the
Notice to Bidders (Advertisement for B~ds), and Instructions to Bidders, as referenced herein and on
file In the office of the Purchasing Agent, and in accordance with the plans, which includes all maps,
plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the
Specifications therefore, as prepared by
City of Denton Staff
all of whmh are referenced hereto and made a part hereof and collectively evidence and constitute the
entire contract
CA-1
89
Concrete Flatwork Bid # 2700 CITY OF DENTON
For Cooper Creek Regional Detention Pond #1 July I 1, 2001
Independent Status
It is mutually understood and agreed by and between City and Contractor that Contractor is an
independent contractor and shall not be deemed to be or considered an employee of the City of Denton,
Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave
benefits, workers compensation, or any other City employee benefit City shall not have supervision
and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor
shall perform the services hereunder according to the attached specifications at the general direction of
the City Manager of the C1W of Denton, Texas, or his designee under this agreement
Indemnification
Contractor shall and does hereby agree to mdemmfy and hold harmless the City of Denton
from any and all damages, loss, or habflxty of any kind whatsoever, by reason of injury to property or
third persons occasioned by any error, omission or neghgent act of Contractor, its officers, agents,
employees, mvltees, and other persons for whom it is legally hable, with regard to the performance of
this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton
against any and all such clams and demands
Choice of Law and Venue
This agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie m 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 in written not,ce to commence work and complete all work within the time
stated in the Proposal, subject to such extensions of time as are provided by the General and Special
Conditions
The OWNER agrees to pay the CONTRACTOR tn current funds the price or prices shown in
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
90
Concrete Flatwork Bid # 2700 CITY OF DENTON
For Cooper Creek Regional Detention Pond #1 July 11, 2001
IN WITNESS WHEREOF, the part~es of these presents have executed this agreement ~n the
year and day first above written ~
~ ' ' -~- ' ~-- OWNER ' ~'~'C;
(SEAL)
ATTEST
Floyd Smth Concrete Inc.
CONTRACTOR
P.O. Box 1781
Denton, TX 76202
MAILING ADDRESS
940-565-0114
PHONE NUMBER
940-565-0114
~FAX NUMBER
p~ Floyd Smith
A P~NTED NAME
(SEAn)
CITY ATTO~Y/ CA - 3
91
Concrete Flatwork Bid # 2700 CITY OF DENTON
For Cooper Creek Regional Detention Pond #1 July 11, 2001
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
Floyd Smxth Concrete Inc.
whose address is
KNOW ALL MEN BY THESE PRESENTS That
P.O. Box 1781 Donton~ TX 76202 hereinafter called Principal, and
a corPoration 0rgan,zedand exist,ng Under the laws of the State of -/-~ , and fully
authorized to transact business m the State of Texas, as Surety, are held and firmly bound unto the Cxty
of Denton, a mumclpal corPoration orgamzed and ex~stlng under the laws of the State of T~.s.,
hereinafter called Owner, in the penal sum of~/~/trJatD~,~,~.~Tg^ll^tg T'H/)tZc~,'.,'~ I=l.'cr? DOLLARS
($ ,5.Lqq: t95'.gL ) plus ten percent of the stated penal ~um as an additional sum of money
representing addmonal court expenses, attorneys' fees, and liquidated damages arising out of or
connected with the below ldentffied Contract, in lawful money of the United States, to be paid m
Denton County, Texas, for the payment of which sum well and truly to be made, we hereby b~nd
ourselves, our he,rs, executors, admnnstrators, 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, whmh reduces the Contract price, decrease the penal sum of this Bond
THE OBLIGATION TO PAY SAME ~s condlttoned as follows Whereas, the Principal
entered into a certain Contract, ~dentlfied by Ordinance Number 2001-289, w~th the City of Denton,
the Owner, dated the 21st day of August A D 2001 , a copy of which ~s hereto attached and
made a part hereof, for Bid//2700 Concrete Flatwork For Cooper Creek Regional Detentmn Pond//1
NOW, THEREFORE, if the Prmetpal shall well, truly and fmthfully perform and fulfill all of
the undertakings, covenants, terms, condmons and agreements of said Contract ~n accordance with 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 notice to the Surety, and during the life of
any guaranty or warranty required under th~s Contract, and shall also well and truly perform and fulfill
all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized
modifications of smd Contract that may hereafter be made, nottce of which modifications to the Surety
being hereby wmved, and, if the Pnnc~pal shall repatr and/or replace all defects due to faulty materials
and workmanship that appear w~th~n a period of one (1) year from the date of final completion and
final acceptance of the Work by the Owner, and, if the Principal shall fully andemmfy and save
harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so
perform hereto and shall fully reimburse and repay Owner all outlay and expense which the Owner
may incur in making good any default or deficiency, then this obhgat~on shall be void, otherwise, it
shall remmn m full force and effect
PB - 1
92
Concrete Flatwo~;k Btd# 2700 CITY OF DENTON
For Cooper Creek Regional Detentaon Pond # 1 July 11,2001
PROVIDED FURTHER, that ~f any legal actmn be filed upon th~s Bond, exclusive venue shall
he ~n Denton County, State of Texas
AND PROVIDED FURTHER, that the smd Surety, for value received, hereby stipulates and
agrees that no change, extension of t~me, alteration or addition to the terms of the Contract, or to the
Work to be performed thereunder, or to the Plans, Spemficat~ons, Drawings, etc, accompanying the
same, shall m anywise affect ~ts obhgat~on on th~s Bond, and tt does hereby wmve 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, Specfficat~ons, Drawings, etc
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 undersigned and designated agent ~s hereby deagnated by the Surety here~n as the Resident
Agent ~n Denton County to whom any reqms~te notices may be dehvered and on whom service of
process may be had ~n matters arising out of such suretyship, as prowded by Artmle 7 19-1 of the
Insurance Code, Vemon's Annotated C~wl Statutes of the State of Texas
IN WITNESS WHEREOF, thas instrument is executed ~n Zl/ cop~es, each one of which
shall be deemed an ong~nal, th~sthe I t dayof c-~,~97- , o~OO /
ATTEST PRINCIPAL
BY
SECRETARY - - BY
ATTEST SURETY
BY BY ~CT
Fhe Resident Agent of the Surety m Denton County, Texas for dehvery of not,ce and serwce of the
process is
NAME
STREETADDRESS ~._:¢9 ~.T~_~..~ c,~p~ ~], ~c~u'f.~A/, "['X
(NOTE Date of Performance Bond must be date of Contract If Resident Agent ~s not a corporation,
g~ve a person's name )
PB - 2
93
Concrete Flatwork Bid # 2700 CITY OF DENTON
For Cooper Creek Regional Detention Pond # 1 July 11,2001
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS ThatFloyd Smth ¢oncre,~ Inc.
, WhOSe aoaress ~s .P.O.Box 1781
Benton,TX, hereinafter called Principal, and/l/vte'~r/cal~5.t~.,-v ~,c ,,a,m~c/~ ~a~ , a
corporation orgamzed and existing under the laws of tl~e'stat6 of ~ , and fully authorized to
transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a
municipal corporation organized and existing under the laws of the State of Texas, hereinafter called
Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor
upon, the building or improvements oherelnafter referred to, in the penal sum of
7bv~t/a,~ae~r~.~,~.~ N~,,~_ Z//a'.'~'r,¢t'v/~'~ ..ZOO; D~,,L. ) in lawful money of th.e Unit,ed
States, to be pard in Denton, County, Texas, for the payment of which sum well and truly to oe maae,
we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and
severally, firmly by these presents Tlus 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 Pnnmpal
entered into a certain Contract, tdentffied by Ordtnance Number 2001-289, with the City of Denton,
theOwner, datedthe 21st dayof August AD 2001 , a copy of whmh ls hereto attached and made
a part hereof, for Bid #2700, Concrete Flatwork For Cooper Creek Regional Detention Pond #1
NOW, THEREFORE, if the Pnnclpal shall well, truly and fmthfully perform its duties and
make prompt payment to all persons, firms, subcontractors, corporations and clmmants supplying labor
and/or material in the prosecution of the Work provided for in smd Contract and any and all duly
authorized modifications of smd Contract that may hereafter be made, notice of which modifications to
the Surety being hereby expressly waived, then thts obligation shall be void, otherwise it shall remmn
in full force and effect
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall he
in Denton County, Texas
AND PROVIDED FURTHER, that the smd Surety, for value reemved, 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 does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be
performed thereunder, or to the Plans, Specifications, Drawings, etc
PB - 3
94
Concrete Flatwork Bid # 2700 CITY OF DENTON
For Cooper Creek Keg~onal Detention Pond #1 July 1 i, 2001
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code,
as amended, and any other apphcable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herein as the Resident
Agent in Denton County to whom any requisite notices may be delivered and on whom service of
process may be had in matters arising out of such surety, as provided by Article 7 19-1 of the Insurance
Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in copies, each one of which shall
be deemed an original, this the [ [ day of Cv%-~c~ T ~r?o /
ATTEST PRINCIPAL
SECRETARY ' BY
ATTEST SURETY
BY ~.~, ~'
BY .
ATT~E~-~-FACT
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is
(NOTE Date of Payment Bond must be date of Contract If Resident Agent ts not a corporatton, gtve
a person's name)
PB - 4
95
' ' SURETY OF AMERICA
UN[:VERSAL
z i ~ ~ , ~ P.O, Box'1068~e Houston, Texas 77251-1068
'- ,~ GENEP. J/L I~O~/,EI/,OF ATTQRNEY ' C~RT~ED COPY
~de~ ~e laws of~ l~ of~Tekis and h'~ t~[~cl~al o~ee m Hous~n, Texas, does by ~ese p~sen~s make, consU~u~
~- ~ JAMES E KING
of DENTON ,, ' I ~ , ~ ~ Sta~ of ~S 1ts ~ue and law~l AtWrney(s)-m.Fact w~ full
~ co~e~ed ~l ;ie~}~d execu~ for and on lts behalf bonds, undertakings and other obhgaWry
~power and a~orlt ~t~ ~ ~ in ~t~'~ogh~-' ~d ~ bind ~e Comply ~ereby as fully ~d ~ ~e s~e ex~nt as if
ms~uments of s~
,Buch bonds were s~ 2~by~ ~e~P~sldent, s~get ~-~e eor~ora~ seal of ~e Company and duly at~s~d by its Secre~ry,
hereby ra~ng ~ 2o~r~a~ ~at ~e-sa~ At~rney(s~-m-Fact may do ~m the sta~d hmxta~ns, and such au~onty
,s W continue xn forl ii~ '-1~1~5/[20~0~ ~ ~ ] ~ ~ ~atd appmn~snt ~s made under and by ~u~onty of ~e following
resolutxon adop~d h fl~B~a~o~-~~c~ d~n~s~lSu~etY Pf America at a meeting held on ~e 11~ day of July, 1984
"Be It ~solved ~$ ,fflc PresMent, a~d ~ V~cg~res~dent, SecreCy or any Assm~nt Secre~ sh~l be ~d m here y
~ves~d w~th full po' eF[g2~$d~ont~ ~ a~pgmt ~YjOne,or more sm~ble persons as AtWrney(s)-in-Fact W represent and act
for and on behalfo~ ~e ~m~ - - ~'
~ t.' ~ ' ~. ~,, "~ ~ - '~ ~J~ ~ ..... +~on and ~e seal of the corp0ratlon may be ~xed or pnn~d
by facsimile ~ any ~ o[~ey of~e corporaBon,,and ~at such prm~d hcs~ae m~at~e and se~ shall be vahd and
b~dxng upon the co ioraflo~q ~ '~ ' ~ ~ TM
In Wimess Wl,e~og ~iversal Su~W~of Ame~ea ~s caused these presen~ ~ be si~ed by,its President,
~be~ E Ayo, ~ ltStc'o~?~ ?cai ~ b~ h~, a~ed ~is ~lst ~y of December, A D, 1999
,, ~, UNIVERSAL ~TY OF ~CA
~ ~ I ~bert E ~yo ) / President
Sm~ of Texas , ~ ~ ~
,CounW of Ha~s~ ~ ~ ~ '
.l~ - ~- '-- '~ ....... f 1999 befo~ me Pamela J Scullion, a no~ public, personal y
On this 31st ~ ayio~ ~e~moer x~ y=~y , ~ ~ -~ ......... h~ execu~d the within tns~ment as
appeared ~be~Ef o erso~hy ~nown ~ me, ~oe ~,,~ e .......... ~
P~sident, on b~] ~ ~ ~[a~on[He~l~ ~d,afid acknowledged ~ me that the co~ ration execu~d it
ilI~Ff2MY;OOMMISSlON EXPIRES it
~ ~ Not~y Pubhc
~. ~ ~* ~ ~ ~v~---~-~ ~-~, ~ofAmenca hereby certify that the above and foregoing m a full, true and
I, the unders: ~a oeers~y mu.,w,.~. ~=-=~ , d Power of
correct copy of ~t ~nal~Po~er of %t~mey' issued by smd Comply, and do hereby further certify that ~e sm
* ~ t Assistant Secretary
I , - AnY ~s~um n~is~d m ~ss of the p~nal%y sta~d above is wtally vmd and wl~out any vali&ty
Fo~ Fe~2 T~ ( F~r v~r~a~o- of ~e a~nty of ~m power you may ~lephone (713) 722-4600
Concrete Flatwork Btd# 2700 CITY OF DENTON
For Cooper Creel~ Regional DetenUon Pond # 1 July 11,2001
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
B~ddefs attentmn ~s d~rected to the insurance reqmrements below It ts h~ghly recommended that
b~dders confer w~th their respective insurance earners or brokers to determine m advance of
submission the avoalabfl~ty of insurance eertfficates and endorsements as prescribed and prowded
hereto If an apparent low b~dder foals to comply strictly w~th the insurance reqmrements, that b~dder
may be d~squahfied from award of the contract Upon b~d award, all insurance reqmrements shall
become contractual obhgat~ons, whmh the successful b~dder shall have a duty to moantoan throughout
the course of th~s contract
STANDARD PROVISIONS'
Without limiting any of the other obligations or Habllit~es of the Contractor, the Contractor shall
provide and ,maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the mimmum insurance coverage as Indicated hereinafter
As soon as practicable after notfficat~on of bid award, Contractor shall file with the Purchasing
Department,satisfactory certificates of insurance, containing the bid number and title of the
project. Contractor may, upon wmtten request to the Purchasing Department, ask for
clarification of any insurance requirements at any time, however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not be
modffied or waived after bid opemng unless a written exception has been submitted w~th the bid
Contractor shall not commence any work or dehver any materml until he or she receives nouficat~on
that the contract has been accepted, approved, and signed by the C~ty of Denton
All insurance pohe~es proposed or obtained ~n satisfaction of these requirements shall comply
w~th the following general specifications, and shall be maintained in eomphance with these
general specifications throughout the duration of the Contract, or longer, ff so noted.
· Each pohcy shall be ~ssued by a company authorized to do bus~ness ~n the State of Texas
w~th an A M Best Company rating of at least A
· Any deductibles or self-insured retentions shall be declared ~n the b~d proposal If
requested by the C~ty, the insurer shall reduce or ehm~nate such deducubles or self-insured
retentions w~th respect to the Ctty, its officmls, agents, employees and volunteers, or, the
contractor shall procure a bond guaranteeing payment of losses and related tnvest~gat~ons,
cloam admamstrat~on and defense expenses
Liability pohc~es shall be endorsed to prowde the following
.o Name as additional insured the C~ty of Denton, ~ts Officmls, Agents, Employees and
volunteers
oo That such ~nsurance ~s primary to any other ~nsurance avoalable to the add~ttonal
~nsured w~th respect to cloams covered under the pohcy and that th~s ~nsurance
96
Concrete Flatwork Bid # 2700 CITY OF DENTON
For Cooper Creek Regtonal Detentton Pond # 1 July 11 2001
appbes separately to each insured agmnst whom clatm ts made or stat is brought
The inclusion of more than one insured shall not operate to increase the insurer's
limit of habdtty
· All pohctes shall be endorsed to read.
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY
CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO
THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR
NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN
NOTICE IS REQUIRED".
· Should any of the reqmred insurance be provtded under a clmms-made form, Contractor
shall mmntaln such coverage continuously throughout the term of this contract and,
wtthout lapse, for a period of three years beyond the contract expiration, such that
occurrences ansmg during the contract term which give nsc to claims made after
expiration of the contract shall be covered
· Should any of the required insurance be provtded under a form of coverage that includes a
general annual aggregate hmlt provtdmg for clmms mvestigatxon or legal defense costs to
be included in the general annual aggregate limit, the Contractor shall either double the
occurrence hmlts or obtmn Owners and Contractors Protective Lmbthty Insurance
· Should any required tnsurance lapse during the contract term, requests for payments
originating after such lapse shall not be processed until the City receives satisfactory
evtdence of reinstated coverage as required by this contract, effecttve as of the lapse date
If insurance ~s not rexnstated, City may, at ~ts sole option, terminate this agreement
effecttve on the date of the lapse
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS
All insurance policies proposed or obtained tn sattsfactton of thts Contract shall addmonally
comply with the following marked speeffieattons, and shall be maintained in compbance with
these add~tt0nai speeffieat~ons throughout the duration of the Contract, or longer, ff so noted
[X] A General Lmbility Insurance:
General Ltabthty msurance w~th combtned single limits of not less than $1,000,000 shall
be promded and mmntalned by the Contractor The pohcy shall be written on an
occurrence basts etther tn a single pohcy or m a combination of tmderly~ng and umbrella or
excess pohctes
If the Commercial General Llabthty form (ISO Form CG 0001 current edition) as used
· Coverage A shall include premises, operattons, products, and completed
operations, independent contractors, contractual hablhty covering this contract
and broad form property damage coverage
97
Concrete Flatwork Bid # 2700 CITY OF DENTON
For Cooper Creek Regional Detention Pond #1 July 11, 2001
· Coverage B shall include personal ~njury
· Coverage C, medmal payments, xs not reqmred
If the Comprehensive General Lmbfl~ty form (ISO Form GL 0002 Current Edltmn and ISO
Form GL 0404) ~s used, it shall ~nclude at least
* Bodily injury and Property Damage Liability for premxses, operations, products
and completed operations, independent contractors and property damage resulting
from explosion, collapse or underground (XCU) exposures
· Broad form contractual hablhty (preferably by endorsement) covenng th~s
contract, personal mjury habflxty and broad form property damage habfl~ty
IX] Automobile Liabdity Insurance:
Contractor shall prowde Commercial Automobile Lmbthty ansurance w~th Combined S~ngle
Limits (CSL) of not less than $500,000 e~ther m a single pohcy or m a combination of basra
and umbrella or excess pohcles The pohcy will include bodily injury and property damage
habthty arising out of the operation, mmntenance and use of all automobiles and mobile
eqmpment used in conjunction w~th thru contract
Sattsfactmn 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 maintain Worker's Compensation insurance which, in addmon to
meeting the minimum statutory requirements for issuance of such insurance, has Employer's
Llablhty hmlts of at least $100,000 for each accident, $100,000 per each employee, and a
$500,000 policy hm~t for occupational disease The City need not be named as an "Addltmnal
Insured" but the ~nsurer shall agree to wmve all rights of subrogatmn agmnst the C~ty, ~ts
officials, agents, employees and volunteers for any work performed for the City by the Named
Insured For building or construction projects, the Contractor shall comply wah the prowsmns
of Attachment 1 in 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 Lmbdlty Insurance
The Contractor shall obtain, pay for and maintain at all times during thc prosecution of the
work under this contract, an Owner's and Contractor's Protective Lmbahty insurance pohcy
98
Concrete Flatwork Bid # 2700 CITY OF DENTON
For Cooper Creek Regional Detention Pond # 1 July 11,2001
nammg 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"oceurrence" basis, and the policy shall be issued by the same insurance company that carries
the Contractor's liability insurance Policy limits will be at least combined bodily
injury and property damage per occurrence with a aggregate
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Llablhty ~s not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building Limits of not less than
each occurrence are required
[ ] Professional Lmbdity Insurance
Professional habthty insurance with limits not less than per claim with respect to
negligent acts, errors or omissions in connection with professional services is required under
this Agreement
[ ] Budders' Risk Insurance
Builders' Rtsk Insurance, on an All-Risk form for 100% of the completed value shall be
provided Such pohcy 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 addmonal insurance is required for a specific contract, that
requirement will be described m the "Specific Conditions" of thc contract specifications
99
Concrete Flatwork Bid # 2700 CITY OF DENTON
For Cooper Creek Regional Detention Pond # 1 July 11,2001
ATTACHMENT 1
[X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entitles
A Defimtlons
Certificate of coverage ("certlficate")-A copy of a certificate of msurance, a certificate of
authority to self-insure issued by the commission, or a coverage agreement (TWCC-S1,
TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance
coverage for the person's or entlty's employees providing services on a project, for the
duration of the project
Duration of the project - includes the time from the beginning of the work on the project
until the contractor's/person's work on the project has been completed and accepted by the
governmental entity
Persons providing services on the project ("subcontractor" tn §406 096) - includes all
persons or entitles performing all or part of the services the contractor has undertaken to
perform on the project, regardless of whether that person contracted dtrectly w~th the
contractor and regardless of whether that person has employees This includes, without
hmltation, independent contractors, subcontractors, leasing companies, motor earners,
owner-operators, employees of any such enuty, or employees of any entity which furnishes
persons to provide services on the project "Services" include, without limitation,
providing, hauhng, or dehvermg equtpment or materials, or providing labor, transportation,
or other serwce related to a project "Services" does not mclude activities unrelated to the
project, such as food/beverage vendors, office supply deliveries, and delivery of portable
toilets
B The contractor shall provide coverage, based on proper repomng of classification codes
and payroll amounts and fihng of any overage agreements, which 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
bemg awarded the contract
D If the coverage period shown on the contractor's current certificate of coverage ends during
the duration of the project, the contractor must, prior to the end of the coverage period, file
a new certificate of coverage w~th the governmental entity showing that coverage has been
extended
E The contractor shall obtain from each person providing services on a project, and provide
to the governmental entity
IOO
Concrete Flatwork Bid # 2700 CITY OF DENTON
For Cooper Creek Regional Detention Pond # 1 July 11,2001
(1) a certffieate of coverage, prior to that person begtnmng work on the project, so the
governmental enuty will have on file certificates of coverage showing coverage for
all persons providing servtces on the project, and
(2) no later than seven days after receipt by the contractor, a new cemficate of coverage
showxng extenston of coverage, ff the coverage peraod shown on the current
certfficate of coverage ends dunng the duration of the project
F The contractor shall retmn all reqmred certificates of coverage for the duratton of the
project and for one year thereafter
G The contractor shall not~fy the governmental entity ~n writing by certffied marl or personal
dehvery, w~th~n 10 days after the contractor knew or should have known, of any change
that materially affects the provts~on of coverage of any person prowdmg serwces on the
project
H The contractor shall post on each project s~te a notme, ~n the text, form and manner
prescribed by the Texas Workers' Compensation Commission, ~nform~ng all persons
prov~dmg servmes on the project that they are reqmred to be covered, and stating how a
person may vertfy coverage and report lack of coverage
I The contractor shall contractually reqmre each person with whom ~t contracts to provide
servmes on a project, to
(1) provide coverage, based on proper repomng of classification codes and payroll
mounts and fihng of any coverage agreements, which meets the statutory
requtrements of Texas Labor Code, Sectmn 401 011(44) for all of tts employees
provtd~ng services on the project, for the duration of the project,
(2) provtde to the contractor, prior to that person beg~nmng work on the project, a
certificate of coverage showtng that coverage ts being prowded for all employees of
the person prowdmg services on the project, for the duration of the project,
(3) prowde the contractor, prior to the end of the coverage pertod, a new certificate of
coverage showing extenston of coverage, ~f the coverage period shown on the current
certificate of coverage ends dunng the duration of the project,
(4) obtam from each other person w~th whom ~t contracts, and prowde to the contractor
(a) a certificate of coverage, prior to the other person beg~nmng work on the
project, and
(b) a new certfficate of coverage showmg extenston of coverage, prior to the end
of the coverage period, ff the coverage period shown on the current certfficate
of coverage ends dunng the duration of the project,
101
Concrete Flatwork Bid # 2700 CITY OF DENTON
For Cooper Creek Regional Detentton Pond #1 July 11, 2001
(5) retain all required certificates of coverage on file for the duration of the project and
for one year thereafter,
(6) notify the governmental entity in writing by certified 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 required by
paragraphs (1) - (7), with the certificates of coverage to be provided to the person for
whom they are providing services
J By signing this contract or provldmg or causing to be provided a certificate of coverage,
the contractor is representing to the governmental entity that all employees of the
contractor who will provide services on the project will be covered by workers'
compensation coverage for the duratton of the project, that the coverage will be based on
proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's Division of Self-Insurance Regulataon Providing false or
misleading information may subject the contractor to administrative penalties, criminal
penalties, civil penalties, or other civil actions
K The contractor's failure to comply with any of these prowslons is a breach of contract by
the contractor which entitles the governmental entity to declare the contract void if the
contractor does not remedy the breach within ten days after receipt of notice of breach
from the governmental entity
Bid 2700 - Concrete Flatwork For Cooper Creek Regional Detention Pond #1
102
AIIstate
CERTIFICATE OF INSURANCE
ALLSTATE INSURANCE CO ALL,~TATE INDEMNITY CO AI LSTATF LLOYD S
T~IS CERTIFICATE IS ISSUED AS A MA~-ER OF INFORMATION ONLY ~ CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER FHIS
CERIIFICATE DOE$ NOT AMEND~ EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
CERTIFICATE HOLDER NAMED INSURED
Name and Address of P~y to Whom tins Ce~tficatm is Issued Name and Ad&ess of Insured
Cay of D0nton its Offiomls, Ageots Employees, Volurdecrs Floyd Smith
90lB Texas S~reet P 0 Box 1781
Denton, TX 6201 Denton, TX 76201
This ts to certify that pohmes of insurance hsted below have ha~n issued to the insured named above subJeCt to the expwatlon da~ m&cated below, notwithstanding any
I~ra~nl~er'~ ~l-hllll~ Number D~ Date
Corette Basis LImit~
---SPECIFIED AUTOS __X_NON-OWNED AUTOS
~OWNED AUTOS OTHER THAN PRIVATE PASSENGER
Combined Single Limit of L~blllty
BODILY INJURY & PROPERTY DAMAGE $1,000~000 EACH ACCIDENT Split Ll#bHity limit~
$ $ $
$ $ $
EACH OCCURRENCE GENERAL AFFREOATE PRODUCTS-COMPLETED
OPERATIONS AGGREOATE
$ $ $
OTHI~R (Show Pohvy EffeCtive Expfi'atlon
~ of Policy) N~ Date Da~
Co~o~ FI~w~ Bid ~700 C,~ of~n F~ Co~ ~ ~eml~ Pond ~ 1 //
C~C~LATION
Numb~ of ~ys ~R~
G52-2
b~F 28 01 IFRi) 19 ~,82. CITY OF DENTON PUBCHAS/NO 940949 ?902 PAOE 2/2
~e, ~/Zl/O~ 'l'~mo ,~0 PM To: city o~ ~nton ~ 24~-730Z
PaS~: 002-002
ACOR CERTIFICATE OF LIABILI INSU NCE
~LY AND CONFER8 NO R~HT8 UPON THE
E~y & K~ng [n~Ge HQ~DER THWCBR~TE~ESNOT~ENO, EXTENDO~
~0 ~th [-~SE, ~gte A ALTER THE C~B AFFORDED BY THE ~8
~ton, TX 76205-7829
P o Box 17~1 ~. Texas Nutual Zns Co
~ POLICIES OF IN~E LI~'~D BBL~ ~ ~GN I~ED TO T~ IN~ED ~ED ABOVE FOR ~E POLICY PERIOD )NDI~TRD ~ITH~T~
~LIGIE6 ~E~TE LIMIT~ ~ ~Y ~VE BEE~R~DU~ED BY PNO ~M~ -- . .
x
...... ~ ~;'"'~c~
CiR~ HOLD~ ~_~a L~ ~NCB~ON
Cdncret¢ Flatwork B~d # 2700 CITY OF DENTON
For Cooper Creek P.¢g~ona/Detentmn Pond #1 July 11,2001
CONTRACT DOCUMENTS Hawng examined the Proposal, General Instmctmns, Materials,
Execut]on, Drawings, and Contract for (B~d # 2700) and For Concrete Flatwork For Cooper Creek
Regional Detent]on Pond #1, work, and hawng examined the premises and mrcumstances affechng the
work, the undermgned offer
OFFER 1 To furnish all labor, matenal, tools, eqmpment, transportation, bonds, all apphcable taxes,
~nmdentals, and other factht~es, and to perform all work for the smd Cooper Creek Concrete Flatwork
For Regional Detentmn for the following area
BASE BID - Cooper Creek Concrete Flatwork For Regmnal Detention Pond #1
Inwords Two hundred seventy nzue thousand fzfty-one & 58/100 dollars $.279,051.58
Concrete Flatwork For Cooper Creek Regional Detent]on Pond #1 WORKDAYS 40 Days
BID TABULATION SHEET
I Concr*eD~vers~onCh~el 1~450 I SY I* *.50'S¥ I* ~,~'*1
UmtPnce m Words ~rty one and 50/100 dollars
~ConcreteRet~ngW~ ~26 ~CY [$~8~.08 /CY [$ 12,586.08[
Umt Price m Words~our hundred e~ghty four and 08/100 dollars
~Concrete PflotCh~el 12450 ~SY ~$ 31.95/SY I$ 78,277.50[
UmtPncemWor~rty one and 95/100 dollars
l~o~t~ow~ow~ ~400 I s~~, ~s.~o~s~ I* 40,~0.00
Umt Price m Words~anty exit an~ 80/100 dollars
UmtPnce m Words~engy seven ant 90/100 dollars
l~on,~,~t~n=~, ~,0 ~ ~, ~.~o~ ~* ~,~2~.oo
Umt Price m Words~xrty three am 30/~00 dollars
Umt Price m Words ~rty and 90/1~ dollars
77
C~ncrete Flatwork Bid # 2700 CITY OF DENTON
For Cooper Creek P. eg~onal Detentaon Pond # 1 July 11, 2001
UmtPnce reWords One hundred thJ rty one and 25/100 dollars
I Junctton Box (10' x 6' x 7 5') 1 lea [ $3,7S0.0(fEa [$ 3,780.00
Umt Price m Words Three thousand even hundred ezghty and 00/100 dollars
I eadwall lea I* 750.0 a I* 750.00
UmtPncemWords Seven hundred ;~.fty and 00/100 dollars
Cast m Place 3' x 3' Box 2 I Lf $ 150.0ffLf $ 300.00
Culve~
Umt Price m WordsOne hundred f~.ft y and 00/100 dollars
UmtPnce m Words Two hundred ant 00/100 dollars
Project Total Cost = $ 279,051.58
MATERIALS $. 167,430.58
LABOR $. 111,621.00
TOTAL $ 279~051.58
EXAMINATION OF SITE By s~gnmg the Proposal Form, contractor acknowledges he ~s an
authorized representative and has examined the s~te and ~s aware of all field condttmns, whmh may
affect the work
TAXES Tax shall not be mcluded m your b~d
Upon receipt of notme of acceptance of tins b~d, w~th~n tlnrty (30) days of the date of th~s proposal, I
(or we) agree to execute the formal contract wxtlun ten (10) days thereafter, and to deliver an Insurance
Certificate, a SURETY BOND ~n the amount of ONE HLrNDRED and TEN PERCENT (110%) of the
contract pnee for the fmthfial performance of the contract, and a ONE HUNDRED PERCENT (100%)
STATUTORY PAYMENT BOND
The undermgned agrees to complete all work shown on the drawings and ~n the specfficatmns w~thm
the time hm~ts set forth below subject to addatmnal days that may be added due to inclement weather
and/or other justffied and reasonable extensions or time as may be approved by the Owner
78