2000-241ORDINANCE NO o~OGV o~r
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTACT FOR THE PURCHASE OF SOUTH LAKES PARK/JOE SKILES PARK
IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING AN EFFECTIVE DATE (BID 2536 - SOUTH LAKES PARK/JOE SKILES PARK
IMPROVEMENT PROJECT AWARDED TO RELIABLE PAVING CO IN THE AMOUNT OF
$602,150)
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances, and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore, and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City
Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such
items
BID ITEM
NUMBE NO VENDOR AMOUNT
2536 ALL Reliable Paving Co $602,150
SECTION II That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents
SECTION III That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto, provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted
SECTION IV That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a wntten contract made pursuant thereto as
authorized herein
SECTION V That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this 16Lt day of G -12000
dze~
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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CONTRACT AGREEMENT
S 1 Al E Of TEXAS §
COUNTY OF DENTON §
THIS AGREEMEN r, made and entered into this 1-day of -August- A D , 2000, by
and between City. of nentnn of the County of -and State of Texas, acting through
MiLh.u:1W- Irz_ thereunto duly authorized so to do, he.runafter termed "OWNER," aftd
R eI i Nying,-Inc.
ing,_I -
A rl i ngton,SXZ6001
of the City of Arlington, County of Tarrant, and State of 1 t,xas, hert,inattt,r termed
"CON'I RACTOR "
WITNESSEIII That for and in consideration of the payments and agreements
hcieulafter mentioned, to be made and pertormcd by OWNER, and under the conditions
expressed in the bonds attached hereto, CON I RAC I OR hereby agrees with OWNER to
c,onunence and complete performance of the work spcuhed below
BIDJ/2536-Soutli I gkesl.ukLJnt SktIas, I? rk itnprovrmentlrOiCLI
in the amount of -$6102 150 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 f irmsh all matetials, supplies, machinery, equipment, tools, superintendence,
labor, insurance, and other accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated in the Proposal and the Performance
and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the
Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and
Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent,
and in accordance with the plans, which includes all maps, plats, blueprints, and other
drawings and printed or written explanatory matter thereof,
CA-1
and the Specifications therefore, as prepared by
SLhriLkd_Ralltnsand-Associates. fnr all of which are referenced herein and made a part hereof and collecuvoly evidLnee and
constitute the entire contract
Independent Status
It is mutually understood and agreed by and between City and Contractor that
Contractor is in independent contractor and shall not be deemed to be or comidered an
unployce of the City of Denton, fexas, for the purposes of uu.onie, tax, withholding, Soe,cal
seurrity taxes, vacation or sick leave benefits, worker's compensation, or any other City
employee benefit City shall not have supervision and control of Contractor or any employee
of Contractor, and it is expressly understood that Contractor shall perform the servrccs
hereunder according to the attached spet.iflcationS at the general direction of the City Manager
of the City of Denton, texas, or his designee under this agreement
Iudemnd7cation
Contractor shall and does hereby agree to indemnity and hold harmless the City of
Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury
to property or thud persons oa.astoned by any error, onussion or negligent act of Contractor,
its officers, agents, employees, invitees, and other persons for whom it is legally liable, with
regard to the performance of this Agreement, and Contractor will, at its cost and expense,
defend and protect the City of Denton against any and all such clamp and demands
Choice of Law and Venue
1 his agreement shall be governed by the law of the State of Texas and venue for its
construction and enforcement shall lie in the courts of Denton County, Texas
The CONTRACTOR hereby agrees to commence work on or after the date established
for the start of work as set forth in written notice to commence work and complete all work
within the time stated in the Proposal, subject to such extensions of time as are provided by the
General and Special Conditions
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices
shown in the Proposal, which forms a part of this contract, such payments to be subject to the
General and Special Conditions of the Contract
CA-2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
in the year and day first above written
All-~
CITY OF
BY
OWNER
QY
Michael W. ez
(SEAL)
AZ TCS~
RELIABLE PAVING, INC
CONrRACtOR
1903 N Peyco
Arlington TX 76001
MAILING ADDRESS
(817)467-0779
PHONE NUMBER
817)467-9148
PAX NUMBER
BY
TITLE President
Charles M Long
PRINTED NAME
(SEAL)
CA-3
PERFORMANCE BOND
Bond No. 103346766
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That -Reliable Paving, inn" whose
address is JIM N Peycri Arlington TX 760m
hereinafter called Principal, and Travelers Casualty and Surety Company of America
a corporation organized and existing under the laws of the State of Connecticut , 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 organved and existing under the laws of the
State of 1 exas, hereinafter called Owner, in the penal sum of Six hundred Two rhousand One
IlundrLd Fifty and no/100 DOLLARS ($602,150) plus tut percent of the statLd penal suns
as an additional suns of money rLpresenting addtnmai Louit expur'sLS, attorneys' fees, and
liquidated damages arising out of or comneLted with the below identified Contract, in lawful
money of the United States, to be paid in Denton County, rLxa's, for the payment of which
tiuni well and truly to be made, we hereby bind ouiu.ivc's, our heirs, LxeLutors, adnunistrators,
'stiLLe'sux's, and assigns, jointly and severally, firmly by thL%L pre'sent's I his Bond shall
autonnatrLally bL increased by the amount of any Change Order of Supplemental Agreeniut
Which Increases the Contract pnLC, but in no event 'shall a Change Order or Supplemental
AgrLeniut which rLduces the Contract pace decrease the penal stun of this Bond
1111, OBLICAHON 10 PAY SAME IS LOIIdWOned IS follows WhLrLa%, the
Punupal entered into a Leitain Contraet, identified by Ordinance Nunibu 200024L, with the
City of Denton, the Owner, dated the _I. day of -August- A 1) -2000_, a uipy of which is
hereto attached and made a part hereof, for _Jill-L2536--,SuutliLakcs_L'arA/loe-Skiles.-LI irk
lmpruv-Lm riLl'rcjc L
NOW, 'I HERCFORE, it the Prnlcipal Shall wL11, truly and faithfully perform and fulfill
all of the undertakings, covenants, terms, Londinom and agreunutts of said Contract in
aLLordance with the Plans, SpeLificauons and Contract DOLUnicnts during the original term
thereof and any extension thLrcof which may be granted by the Owner, with or without notice
to the Surety, and during the life of any guaranty or warranty requirLd under this Contract, and
shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions
and agreements of any and all duly authorized modifications of said Contract that may
hereafter be made, notice of which modifications to the SurLty being hereby waived, and, if the
Principal shall r,- , and/or replace all defects due to faulty materials and workmanship that
appear within a J of one (1) year from the date of final completion and final acceptance of
the Work by the O,vner, and, if the Principal shall fully indemndy and save harmless the
Owner from all costs and damages which Owner may suffer by reason of failure to so perform
herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may
incur in making good any default or defiuency, then this obligation shall be void, otherwise, it
shall remain in full force and effect
PB - I
PROVIDED FURTHER, that if any legal aLtion be filed upon this Bond exclusive
venuL shall lie in Denton County, State of Texas
AND PROVIDED FURTHER, that the said Surety, for value rLLeived, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
tht Contract, or to the Work to be performed thereunder, or to thL Plans, Specifications,
Drawings, LtL , accompanying the same, shall in anywise affect its obligation on this Bond,
and it doLS hereby waive notice of any such change, extension of ttmL, alteration or addition to
the terms of the Contract, or to the Work to bL performed thereunder, or to the Plans,
Sp=fitations, Drawings, etc
Phis Bond is given pursuant to the provisions of Chapter 2253 of the Texas
Government Code, as amended, and any other applicablL Statutes of the State of TLXaS
the undersigned and designated agent is hereby dLSignatLd by thL Surety herein as the
RLSident Agent in Denton County to whom any requisite notiLCS may be delivered and on
whom',LrvlLC of process may be had in matters arising out of such suretyship, as provided by
AruLle 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of 7 exas
IN WI I'NESS WHEREOF, this instrument is executed in 4- Lopies, CaLh one of
whiLli shall be deemed an original, this the.J-day of August-, -2000-
A 11 ES I PRINCIPAL.
BY
SLCREIARY
AXXKKSXX WITNESS AS TO SURETY
Cynthia N. Klutt SURETY
BY nt ~
ATTORNEY-INTACT _
Sheryl A Klutts
I he Resident Agent of the Surety in Denton County, Texas for delivery of notice and service
of the process is
NAME Pauline Lesch, Denton County Resident Agent
STREET ADDRESS 206 Elm St a Suite 105. Lewisville. TX 750F7
(NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a
corporation, give a person's name )
PB-2
of America
Reliable Paving, Inc
13Y
PRESIDENT, Charle Long
PAYMENT BOND
Bond No. 103346766
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS 'I hat Re ahle Paying, La" whost
address is 1 03X9 Peyrn Ar►ington, TX 76001, hereinafter called Principal, and
**See Below** , a corporation organized and existing under the laws of the
State of Connecticut , 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 of improvements hereinafter referred to, in the penal sum of
Six Hundred Two Thousand One Hundred Fifty and no/100--DOLLARS 602,150) in lawful
nmonLy Of the United States, to be paid in Denton, County, Icxas, foi thL payment of which
sum well and truly to be made, we hereby bind ourselves, out heirs, CXCLinors, administrators,
sLICLCssors, and assigns, jointly and severally, trimly by these piLsenls Ihis Bond shall
automatically be increased by the amount of any ChdugL OIdLr or SuppiLinental Agrcument
which increases the Contract prILC, but um no wuit shall a Change Order or Supplemental
Agrcuuumt which reduces the Contract priLC decrL,ISL the penal sum Of this Bond
**Travelers Casualty and Surety Company of America
1111] OBLIGA'IION TO PAY SAME is LOndttionul as follows Whcrcas, the
PrinLipal entered into a certain Contract, identified by Ordinance Number 2000.24L, wdh thL
City of Denton, the Owner, dated the I day of __August_ A D -2000, a Lopy of which is
hereto attaLhcd and made a part hereof, for _Bul l1_1536-SoudL_LakL&_L)ark/loe.SkaiLS_Lltrk
IruprOUL=utl'ro3ect_
NOW, I HEREFORE, it the Principal shall well, truly and laithfully pcrfoinm its dUIILS
and snake prompt payment to all persons, firms, sLibLOntraLtors, Loiporations and claunants
supplying labor and/or material in the prosLLUtion Of the Woik providLd for in said Contract
and any and all duly authorized modifiLations of said ConlraLt that may hereaftLr be made,
notice OI which modifications to the SurLty being hereby expressly watvLd, then this obligation
shall be void, otherwise it shall remain in full force and CffLCt
PROVIDED FURTHER, that if any legal action be filed on this Bond, exLlusive venuL
shall lie m Denton County, Texas
AND PROVIDED FURTHER, that the said SurLty, for value rLLCtved, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the COntiaLt, or to the Work to be performed thereundLr, or to the Plans, Specifications,
Drawings, LIL , accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such changL, LxtLnston of time, alteration or addition to
the terms of the Contract, or to the Work to bL pLrformmLd IherLunder, or to the Plans,
SpecihLations, Drawings, etc
1313-3
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
1 he undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on
whom service of process may be had in matters arising out of such suretyship, as provided by
Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in _ 4 copies, each one of
which shall be deemed an original, this the 1 day of _August-, 2000
ATTEST
13Y
SECRETARY
1NKTI)S(KX WITNESS AS TO SURETY
13Y
CyntKia N. Klutts
PRINCIPAL
Reliable ~ Paving, Inc
PRESIDLNr, Charles M o g
SURE IY
Travelers asildlty and Surety Company of America
13Y
Al IORNEY-fN-1 ACI
Sheryl A Klutts
It(. Resident Agent of the Surly in Denton County, I l,x.is for delivery of notn.e and service
of the process is
NAME Pauline Lesch, Denton County Resident Agent
SrRCEI ADDRESS 206 Elm St- SlntP 705 Lewisville, TX 75057
(NOTE Date of Payment Bond must be date of Contract
corporation, give a person's name )
PB-4
If Resident Agent is not a
IIid 2536 - suulhlaki.s PalknoL Skips Park Improvi.menl Projw- 8 2000
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS
Naperville, Illinois 603634458
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a
corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of
DuPage, State of Illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make,
constitute and appoint John A. Miller, Sheryl A. Mutts, K, R, Harvey or John A. Miller, H " "
of Ft Worth, TX, their true and lawful Attorney(s)-m-Fact, with full power and authority hereby conferred to sign, execute and
acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated
the following instrument(s)
by his/her sole signature and act, any and all bonds, recogmzances, contracts of indemnity, and other writings obligatory in the
nature of a bond, recognizance, or conditional undertaking 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 by the duly authorized officers
of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and
confirmed
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect
VOTED That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior 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 appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizmices, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her
VOTED That the Chairman, the President, any Vice Chanman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary
VOTED That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys-m-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority
i
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect-
VOTED That the signature of each of the following officers President, any Executive vice president, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate beanng such facsunile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached
(897)
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND
SURETY COMPANY OF ILLINOIS have caused this instrument to be signed by their Senior Vice President, and their corporate
seals to be hereto affixed this 18th day of November, 1999
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
}SS Hartford TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS
iwx r~TY ANO ~s
r • ooM ~ ~ ~Y
yW' ,~y W11NRe ~a+ 1963 s1n~~ • q BY
George W. Thompson
ry + o' Senior Vice President
On this 18th day of November, 1999 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, the corporations described in and which executed the
above instrument, that he/she knows the seals of said corporations, that the seals affixed to the said instrument are such corporate
seals, and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing
Resolutions thereof
My commission expires June 30, 2001 Notary Public
Maria C Tatreault
CERTIFICATE
1, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, stock corporation of the
State of Illinois, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in
full force and has not been revoked, and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the
Certificate of Authority, are now in force
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut Dated this 1St day of
August , 2000
r,piWrr ++~~TV ANO+ ~~1.sMu.~+A M'G ~Nqr
qO dO~+s dry' ~r~ roiyl /ll r~
~ ,umran ~ Nuoroim ~ 1sa3 ~ ~~Ela By
"i ca,µ ~,4 NoiV Korl M Johanson
f"•. . + r++r • Assistant Secretary, Bond
IMPORTANT NOTICE
To obtain information or make a complaint
You may call the company's toll-free telephone number
for information or to make a complaint at
1-800-842-0612
You may write the Texas Department of Insurance
P. O. Box 149104
Austin, TX 78714-9104
FAX # (512) 475-1771
PREMIUM OR CLAIM DISPUTES Should you have
a dispute concerning your premium or about a claim you
should contact the agent or the company first If the
dispute is not resolved, you may contact the Texas
Department of Insurance
ATTACH THIS NOTICE TO YOUR POLICY This
notice is for information only and does not become a part
or condition of the attached document
Prescribed by the State Board of Insurance
Effective May 1, 1992
AVISO IMPORTANTE
Para obtener mformacion o para someter una quela
Usted puede Ilamar al numbero de telefono gratis de la
companla para mformacion o para someter una quela al
1-800-842-0612
Puede comumcarse con el Departamento de Seguros de
P O. Box 149104
Austin, TX 78714-9104
FAX # (512) 475-1771
DISPUTAS SOBRE PRIMAS 0 RECLAMOS Si tiene
una disputa concermente a su prima o a un reclamo
debe comumcarse con el agente or Is companla prlmero
Si no se resuelve la disputa, puede entonces
comumcarse con el Departamento de Seguros de Texas
UNA ESTE AVISO A SU POLIZA Este aviso es solo
para proposito de mformacion y no se convierte en parte
o condicion del documento adlunto
Ordenado por el conselo Estatal de Directures de
Seguros, Effecttvo el I de Mayo 1991
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in
advance of Bid submission the availability of insurance certificates and endorsements as
prescribed and provided herein If an apparent low bidder fails to comply strictly with the
insurance requirements, that bidder may be disqualified from award of the contract Upon
bid award, all insurance requirements shall become contractual obligations which the
successful bidder shall have a duty to maintain throughout the course of this contract
STANDARD PROVISIONS.
Without limiting any of the other obligations or liabilities of the Contractor, the Contractor
shall provide and maintain until the contracted work has been completed and accepted by the
City of Denton, Owner, the minimum insurance coverage as indicated hereinafter
As soon as practicable after notification of bid award, Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, containing the bid number and
title of the project Contractor may, upon written request to the Purchasing Department, ask
for clarification of any insurance requirements at any time, however, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not
be modified or waived after bid opening unless a written exception has been submitted with the
bid Contractor shall not commence any work or deliver any material until he or she
receives notification that the contract has been accepted, approved, and signed by the City of
Denton
All insurance policies proposed or obtained in satisfaction of these requirements shall comply
with the following general specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or longer, if so noted
Each policy shall be issued by a company authorized to do business in the State of
Texas with an A M Best Company rating of at least A
Any deductibles or self-insured retentions shall be declared in the bid proposal If
requested by the City, the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the City, its
officials, agents, employees and volunteers, or, the contractor shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and
defense expenses
Liability policies shall be endorsed to provide the following
Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers
That such insurance is primary to any other insurance available to the
additional insured with respect to claims covered under the policy and that
this insurance applies separately to each insured against whom claim is made
or suit is brought The inclusion of more than one insured shall not operate
to increase the insurer's limit of liability
• All policies shall be endorsed to read
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN
NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE
POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN
WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED"
• Should any of the required insurance be provided under a claims-made form,
Contractor shall maintain such coverage continuously throughout the term of this
contract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give rise
to claims made after expiration of the contract shall be covered
• Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or legal
defense costs to be included in the general annual aggregate limit, the Contractor
shall either double the occurrence limits or obtain Owners and Contractors
Protective Liability Insurance
• Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City receives
satisfactory evidence of reinstated coverage as required by this contract, effective
as of the lapse date If insurance is not reinstated, City may, at its sole option,
terminate this agreement effective on the date of the lapse
SPECK IC ADDITIONAL INSURANCE REQUIREMENTS
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally
comply with the following marked specifications, and shall be maintained in compliance with
these additional specifications throughout the duration of the Contract, or longer, if so noted
[X] A General Liability Insurance:
11
General Liability insurance with combined single limits of not less than
$,000 000 shall be provided and maintained by the Contractor The policy shall
be written on an occurrence basis either in a single policy or in a combination of
underlying and umbrella or excess policies
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
used
• Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage
• Coverage B shall include personal injury
• Coverage C, medical payments, is not required
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition
and ISO Form GL 0404) is used, it shall include at least
• Bodily injury and Property Damage Liability for premises, operations,
products and completed operations, independent contractors and property
damage resulting from explosion, collapse or underground (XCU)
exposures
• Broad form contractual liability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage
liability
[xI Automobile Liability Insurance
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $500 nnn either in a single policy or in a
combination of basic and umbrella or excess policies The policy will include bodily
injury and property damage liability arising out of the operation, maintenance and use
of all automobiles and mobile equipment used in conjunction with this contract
Satisfaction of the above requirement shall be in the form of a policy endorsement for
• any auto, or
• all owned, hired and non-owned autos
[X] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to
meeting the minimum statutory requirements for issuance of such insurance, has Employer's
Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a
$500,000 policy limit for occupational disease The City need not be named as an "Additional
Insured" but the insurer shall agree to waive all rights of subrogation against the City, its
officials, agents, employees and volunteers for any work performed for the City by the Named
Insured For building or construction projects, the Contractor shall comply with the provisions
of Attachment 1 in accordance with §406 096 of the Texas Labor Code and rule 28TAC
110 110 of the Texas Worker's Compensation Commission (TWCC)
[ ] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the prosecution of the
work under this contract, an Owner's and Contractor's Protective Liability insurance policy
naming the City as insured for property damage and bodily injury which may arise in the
prosecution of the work or Contractor's operations under this contract Coverage shall be on an
"occurrence" basis, and the policy shall be issued by the same insurance company that carries
the Contractor's liability insurance Policy limits will be at least combined bodily injury
and property damage per occurrence with a aggregate
[ ] Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building Limits of not less than
each occurrence are required
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than per claim with respect to
negligent acts, errors or omissions in connection with professional services is required under
this Agreement
[ ] 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 hazarc ontracts and
specific service agreements If such additional insurance is required for a specific contract, that
requirement will be described in the "Specific Conditions" of the contract specifications
ATTACHMENTI
[X] Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A Definitions
Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity
Persons providing services on the project ("subcontractor" in §406 096) - includes
all persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project
"Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service related
to a project "Services" does not include activities unrelated to the project, such as
food/beverage vendors, office supply deliveries, and delivery of portable toilets
B The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401011(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 during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended
E The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity
(1) a certificate of coverage, prior to that person beginning work on the project,
so the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project, and
(2) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project
F The contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter
G The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known,
of any change that materially affects the provision of coverage of any person
providing services on the project
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 providing services on the project that they are required to be covered, and
stating how a person may verify coverage and report lack of coverage
I The contractor shall contractually require each person with whom it contracts to
provide services on a project, to
(1) provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets tyre
statutory requirements of Texas Labor Code, Section 401 011(44) for all of
its employees providing services on the project, for the duration of the
project,
(2) provide to the contractor, prior to that person beginning work on the project,
a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration of
the project,
(3) provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project,
(4) obtain from each other person with whom it contracts, and provide to the
contractor
(a) a certificate of coverage, prior to the other person beginning work on
the project, and
(b) a new certificate of coverage showing extension of coverage, prior to
the end of the coverage period, if the coverage period shown on the
current certificate of coverage ends during the duration of the project,
(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 mail or personal
delivery, within 10 days after the person knew or should have known, of any
change that materially affects the provision of coverage of any person
providing services on the project, and
(7) contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services
J By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the governmental entity that all
employees of the contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project, that the
coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the commission's Division
of Self-Insurance Regulation Providing false or misleading information may
subject the contractor to administrative penalties, criminal penalties, civil penalties,
or other civil actions
K The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity
BID PROPOSAL FORM
Time 2 p m
Date July 13, 2000
To Purchasing Agent
City of Denton, Texas
901-B Texas Street
Denton, Texas 76201
Gentlemen
The undersigned having examined the Contract Documents entitled
South Lakes Park Ph 111 Joe Sidles Park Improvement Project Bid # 2535
And having visited the site of the proposed construction, and having familiarized himself with the local
conditions affecting the cost of the work, and with all addenda to the said documents, hereby proposes to
furnish sill supervision, labor, materials, equipment, tools, and accessories and to do all work in accordance
with said documents and addenda thereto for the stipulated sum of
Four hundred eighty-nine thousand & no/100 Dollars $ 489,000.00
Total Base Bid
Total Materials Incorporated Into the Project $ 244,880-00
Total Labor, Supervision and Materials Not Incorporated into the Project $ 244, 120 . 00
Alternates
1 For substitution of eight (8') foot wide concrete trail in lieu of ten (10') foot wide trail as shown on
the plans deduct the lump sum of Thirty-one thoncanr9 t-wn ,,,,,lea
seventy & no/100 dollars and no cents $ 31,270.00
2 Shelter access trail and storm sewer extension at north end of site add the lump sum of
Twenty-two thousand fifty dollars and no cents $ 22, 050.00
3 Bridge "A" with trail connection add the lump sum of Fifty-seven thousand
nine hundred & no/100 dollars and no cents $ 57, 900.00
4 an picnic stations add the lump sum of Sixteen thousand dollars
dollars and no cents $ 16, 000.00
BID PROPOSAL FORM
00300-1
BID GUARANTY
Enclosed with this Bid is a Certified Check for
Dollars $
or a Bid Bond in the sum of
58 of the greatest amount bid
Dollars
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event this Bid
is accepted by the Owner within 60 days after the bids are received and the undersigned fads to executed the
Contract and the required Bonds with the sold Owner within ten (10) days after the date said Bid is accepted
otherwise sold check or bond shall be returned to the undersigned upon demand
Reliable Paving, Inc.
Contractor (firm name)
Authorized Signature
President
Title
Address
1903 N. Peyco
(If corporation, attest and affix
a Corporate Seal)
City, State, Zip Code Arlington, Texas 76001
Telephone 817-467-0779
BID PROPOSAL FORM
00300 - 3
SECTION 00900
ADDENDA
ADDENDUM NUMBER ONE
SOUTH LAKES PARK - PHASE II AND
JOE SKILES PARK IMPROVEMENTS
CITY OF DENTON, TEXAS
ISSUE DATE JUNE 30, 2000
BID DATE JULY 13, 2000
ISSUED BY Schrickel, Rollins and Associates, Inc
This addendum modifies and extends the requirements of the plans and/or the protect manual for the
above referenced protect, dated June 16, 2000
2 Staple this addendum to the inside of the rear cover of the 8%2"x11" protect manual
3 Mark all Items notated to be marked on the plan sheets and specification pages
Note receipt of all addenda on the line provided in the Bid Proposal
i
PROJEOT M NUAL
SECTi0N)U030Q,-,2t-'13I0 ` PROPOSAL FORM
Add the following Item to the bid proposal form
Add Altemate No 5 Additional Parking
Parking lot expansion including approximatelyforty (40) additional parking spaces and one additional
accessible space, add the lump sum of eeeent=een t:hoavand mRe
hundred & no/100 dollars and no cents $ 17,200-00
DRAWINGS
SHEET L1 09, L1 10, C1 01
1 Refer to the attached Sheet Ad-1 which shows the proposed Add Alternate No 5, expansion of parking
lot and associated utilities
END OF ADDENDUM NO ONE
ADDENDUM NUMBER ONE
4M 00900 - 1
CERTIFICATE OF LIABILITY INSURANCE REVISED
A
0
Mr
DATE(
-
-
.
08/14/2000
4/2000
I PROCUCER Serial # At 189
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
JOHN A MILLER & ASSOCIATES INC
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P 0 BOX 7214
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
FORT WORTH TX 76111-0214
PHONE (817) 834_7111 FAX (817)8347115
INSURERS AFFORDING COVERAGE
INSURED RELIABLE PAVING, INC, ET AL
INSURERA NATIONAL STANDARD INSURANCE COMPANY
1903 PEYCO DRIVE N
N
ORT
HERN IN
SU
RANCE COMPANY OF NEW YORK
INSURER e
ARLINGTON, TX 76001-6705
_ _
_
_
_
_
INSURERC VALIANT INSURANCE COMPANY
-INSURER D
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR TYPEOFINSURANCE POLICY NUMBER POLICYEFFECTIVE POLICYEXPIRAl10N LIMITS mminn"i
GENERAL LIABILITY
EACH OCCURRENCE
$ 1 000 OOO
XX COMMERCIAL GENERAL LIABILITY
FIRE DAMAGE (Any one fire)
$ 300 000
J CLAIMS MADE XX~OCCUR
MED EXP(Anyoneperson)
$ 10000
A
_
CON 69931112
07/02/00
07/02/01
PERSONAL &ADVINJURY _
s 1000000
X $500 P D ONLY DED
GENERAL AGGREGATE
S 2 000 000
GEN L AGGR ELATE LIMIT APPLIES PER
PRODUCTS COMPIOPAGG
$ 2000000
JECT
POLICY XX PRO LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
$ 1 000 000
XXI ANY AUTO
-
(Ea a.4. M)
ALL OWNED AUTOS
BODILY INJURY
$
B
SCHEDULED AU rOS
CON 69931153
07/02/00
07102/01
(Per Person)
XX HIRED AUTOS
BODILY INJURY
$
XX NON OWNED AUTO$
(Per eccidwi
PROPERTYDAMAGE
S
(Per.mdael)
GA
-
RAGE LIABILITY
AUTO ONLY EA ACCIDENT
S
1
ANYAUTO
OTHER THAN EA ACC
$
AUTOONLY AGO
$
EXCESS LIABILITY
EACH OCCURRENCE
$ 2 000 000
X~ OCCUR f 1 CLAIMS MADE
AGGREGATE
E 2,000 000
B
CON 58585424
07/02/00
07/02/01
P/CO A_GGRE_G_A_TE_
E 2000 000
DEDUCTIBLE
XX RETENTION $ 10 000
$
WORKERS COMPENSATION AND
XX TORY LIM113 CR_
_ _
EMPLOYERS LIABILITY
TC1 58585333
07102/00
07/02/01
EL EACH ACCIDENT
S _ 1_00_0000
C
_
EL DISEASE EAEMPLOYEE
_
E 1 000 000
E L DISEASE POLICY LIMIT
$ 1 000 000
OTHER
DESCRIPTION OF OPERA nONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
PROJECT, BID #2536 -SOUTH LAKES PARKNOE SKILES PARK IMPROVEMENT PROJECT, DENTON, TEXAS
CITY OF DENTON IT S OFFICIALS AGENTS EMPLOYEES AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSUREDS ON ALL POLICIES (EXCEPT WORKER S
COMPENSATION) ALL LIABILITY INSURANCE IS PRIMARY TO ANY OTHER INSURANCE AVAILABLE TO THE ADDITIONAL INSURED WITH RESPECTS TO CLAIMS
COVERED UNDER THE POLICY AND APPLIES SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS BROUGHT INCLUSION OF MORE THAN
ONE INSURED SHALL NOT OPERATE TO INCREASE THE INSURER S LIMIT OF LIABILITY THE WORKER S COMPENSATION POLICY INCLUDES AWAIVER OF
SUBROGATION IN FAVOR OF THE CITY ITS OFFICIALS AGENTS EMPLOYEES 8 VOLUNTEERS
CERTIFICATE HOLDER XX ADDITIONAL INSURED INSURER LETTER CANCELLATION
Said policy all not be cancelled, renewed or materially
CITY OF DENTON
changed out 30 days advance written notice being
901-B TEXAS STREET
give to t Owner, except when the policy is being
DENTON, TX 76201
can I or non-payment of premium, In which case 10
day ante written lice s r qulred
1
1
AUTHOR E ENTATIV
ACORD 25 S (7/97) - 1 \ ®ACORD CORPORATION 1988