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2000-332
ORDINANCE NO ~7- ~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING TWO PUBLIC WORKS CONTRACTS FOR THE CONSTRUCTION OF PRE- ENGINEERED/PREFABRICATED METAL BUILDING, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2561 -METAL BUILDINGS AND "T" SHED ITEM 1 AND 3 AWARDED AS LISTED BELOW TOTAL EXPENDITURE $42,796 00) 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 SCT~ 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 BID AMOUNT_ NUMBER ITEM ~ 2561 1, 3 Wayne Allen Construction $42,796 00 ~ That the acceptance and approval o f the above competitive sealed bid shall n°t 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 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 notification of the award of the bid ~ 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 th~ bids accepted and approved herein, provided that such contracts are made in accordance with th~ Notice to Bidders and Request for Sealed Bids, and documents relating thereto specifying the terms, eonchtlons, plans and specifications, standards, quantities and specified sums contained therein SECTION V That th~s ordinance shall become effective ~mmed~ately upon ~ts passage and approval EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM BBiDY 2561 _~puB~C~CTUAL ORDINANCE 9 00 ATTACHMENT 1 TABULATION SHEET B~d # 2561 Date 9/5/00 METAL BUILDINGS AND "T" SHED qo, Qty DE~RIP~ON ,, VENDOR VENDOR VENDOR ','~,'~4DOR ~ / ~' , ~ ~ ~ '~ Wayne Alien T~m Beatty Daws & Hawkins i ' ~ ~ Construction Construcbon Pnnclple Place of Business Denton, TX Denton, TX Denton, TX Ft Worth,TX 24' X 36' PRE-FABRICATED METAL BUILDING FOR $10,248 00 $16,940 00 $12,575 00 $12,091 00 1 PALLETIZED CONCRETE 1 STORAGE 50' X 100' X 20' PRE-FABRICATED 1 METAL BUILDING FOR COMPOST $45,132 00 $62,301 00 $42,228 00 $53,061 00 2 PRODUCTION & STORAGE 168' X 40' X 20' "T" SHED FOR $29,408 00 $47,823 00 $35,577 00 $29,989 00 1 BULK ITEMS STORAGE 3 DEDUCT FOR EACH 24' SECTION $2,829 00 $3,232 00 $3,900 00 $2,094 00 EA DELETED FROM ITEM 3 4 EA ADD FOR EACH 24' SECTION $3,140 00 $3,812 00 $4,376 00 $4,189 00 ADDED TO ITEM 3 5 COMPLETION DATE 8-10 Weeks 60 Days 60 Days 90 Days CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 3 day of _ October A D , 2000, by and between City c~f Fmntcm . and State of Texas, acting through of the County of ~I~I~NTC}N __ Ml~ha~q W ~ ._thereunto duly authorized so to do, hereinafter termed "OWNER," and of the City of Dentnn ., County of D~ntan and State of_Texaa , hereinafter termed "CONTRACTOR" WITNESSETH That for and m consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed m the bonds attached hereto, CONTRACTOR hereby agrees w~th OWNER to commence and complete performance of the work specified below BID #?,561 - Metal l:lmldmg "T" Shed (It~m~ 1 and ~n the amount of $q77~6 fin and all extra work m connection therewith, under the terms as stated m the General Condmons of the agreement, and at his (or their) own proper cost and expense to furnish all materials, supphes, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and serwces necessary to complete the work specffied above, m accordance w~th the conditions and prices stated ~n the Proposal and the Performance and Payment Bonds, attached hereto, and tn accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advemsement for Bids), and Instructions to Bidders, as referenced hereto and on file m the office of the Purchasing Agent, and m 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 C~ty of De.tcm Staff all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire 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 City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement Indemmflcation Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or habdlty of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, ormsslon or negligent act of Contractor, its officers, agents, employees, mmtees, and other persons for whom it ~s legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall he 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 m 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 Spemal Conditions The OWNER agrees to pay the CONTRACTOR m current funds the price or prices showmm the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Condxtions of the Contract CA - 2 IN WITNESS WHEREOF, the parttes of these presents have executed thts agreement m the year and day first above written (SEAL) WAYNE ALLEN CONSTRUCTION CO , INC 100 N LOCUST, SUITE 1 DENTON TX 76201 MAILING ADDRESS __9__40-566-1819 PHONE NUMBER 940-891-1082 FAX ~UMBER _WAYNE O. ALLEN. pRESIDENT APPROVED AS TO FORM PRINTED NAME CITY ATTORNEY / CA - 3 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Wayne Al~n Coastrazt~cn Co, Irc. whose address is 100 N Locust, Suzte 1, Denton, TX 76201 hereinafter C.~led Prmcipai, and Western Surety Company a corporatton orgamzed and existing under the laws of the State of South Dakota , and fully anthonzed to ~raesact business in the State of Texas, as Surety, are held and firmly bound State of Texas, hereinafter called Owner, m me penni sum F~ f.~/-~ ~ r~/~.~. =="7 .... DOt.LARS ($ 57~6,00 ) plus ten percent of the stated penni sum as a~ ~monai sum ox money representing ndthHonal court expenses, attorneys' fees, and liquidated damages armm§ out of o~ connected with the below identified Contract, in lawful money of the Umted States, to be paul m Denton County, Texa~, for the payment of whtch sum well nmi truly to he made, we hereby btlld ourselves, our heirs, executors, admimstrators, successors, and asmgas, jointly and severally, firmly by these presents This Bond shall automatically bc increased by thc ,unount of any Change Order or Supplememal Agreement which increases the Contract price, but m no event shall a Change Order or Supplemental A~reement which reduces thc Contract price decrease the penal sum of this Bond THE OI~LIGATION TO PAY SAME m condlucocd as follow~ Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2000=~2 with the City of Denton, the Owner, dated the ~rd day of October A D 2000 , d copy o~ which Is hereto attached and m,~de a part hereof, for B~.d #2~61 = Metal Bu~ld~.ngs "T" Shed /Il;ems 1 and 3) NOW. THEREFORE. if the Pr,no,pal ~hall well, truly and talthhiHy p~rform and fulfil! all o! the undertakmg~, covenants, terms, cond~t~on~ and agreement~ oi ~a,d Contract m a~cordance with the Plans. Speclficat~on~ and Contraci Docum~ms during ~he omgma! term thereo[ and any extenmen thereof which may be granted by the Owner. with o[ without lo Ibe Surety. and during the life of any guaranty or warranty required under thru Contract. and ~hal! also wel~ and truly perform and fulfill all the undertakmgs, cove. ants. terms, condit~on~ and agreements of any and all duly authorized modlficat~oas of said Contract that may herea~fter he made, notice of which modifications to the Surety being hereby waived, and. if tbe Prmclpal ~haH repair and/or replace aH defects due to faulty materials and workmanship that appear w~;hm a per~od of one (1) year from ~he dan: o! final completion and finsl acc/~ptance the Wurk by the Owner. and. ~f the Prmc~pa! ~hal! hilly mdcnmlfy and ~ave harmless the Owner [r~wn aH costa and damages which Owner may suffer by reason of tadurc to ~) perform he£em and shall full~ reimburse ami repay Owner aH outlay and expense which lhe Owner may ~ncur m making good any default or deficwncy, lben thl~ obhgallon ~hal! be w~d otherwise. ~hai~ renan m full force and eft-ct PB- ! PROVIDED FURTHER. that if any legal action be filed upon this Bond, exclustve venue shall he m Denton County. State of Texas AND PROVIDED FURTHER, that the said Surety. for value received, hereby stipulates and aglees that no change, extension of trine, alteratton or addltton to the terms of the Contract. or to the Work to be performed thereunder, or to the Plans, Specifications. Drawings, etc, ac.c~mpanymg the same, shall m anywise affect its obligation on thts Bond, and it does hereby waive notice of any such change, extension ot time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Spectfications, Drawings, etc Thts Bond ts 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 ,~s the Resident Agent m Denton County to whom any requisite notices may be dehvcrcd and on whom serv~r,e of process may be had m matters arising out of such suretyship, as provided by Article ? 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State ot Texas IN WITNESS WHEREOF, this instrument is executed in 4 coptes, each one of which shall be deemed an original, this the 3rd ,day of October ~ 2000 ATTEST PRINCIPAL BY ) ~~ WayneAllen Constructzon Co , Inc S~CRETTkRY - ... By PRF~IDFNT AT FEST SURETY Western Surety Companym ~TTORNE¥-IN~FACT- Mzchael P Whzsenant Thc Resident Agent of the Surety m Denton County, Texas for dehvery of not,ce and service of the proce~ *s NAME TCT Insurance Servzces, Inc STREET ADDRESS 100 West Oak, Suzte 316 Denton, TX 76201 (NOTE Date of Performance Bond muvt be date of Contra¢~ I~ Red,clem Agent ~ not ~ orl~ratlon, give a per$o~'~ name ) PB - 2 PAYMEN~r BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That ~ ~ Cmstxm~oa Co, Irc ,. whose address ts 100 N Locust~ Suite 1~ Denton~ TX 76201 hereinafter called Prmctpal, and Western Surety Corr~any , a corporat~)n organtz~l and existing under the laws of Ihe State of South Dakota ,, and fully authorized to transact business in thc State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumctpal corporation orgamzed and existing under the laws of the State of Texas. hereinafter called Owner, and unto ail permns, firms, and corporations who may furnish mate.als for, or perform labor upon, the bufldmg or improvements hereinafter referred to, in the penal sum of F~f~y-Sc',nm ~.r~tmncl~ ~ve FLrdr~l F~Cy-S~x & m/100 ---DOLLARS ($_ $57,556) tn lawful money of thc Untied S!-a-tes, to be paid m Denton, County, Texas, for thc payment of which sum well and truly to be made, we hereby bind ourselves, our hefts, executors, adnumstratora, successors, and assigns, jointly and severally, firmly by these presents Thts Bond shall automaUcally be increased by thc amount of any Change Order or Supplemental Agreement which increases the Contract price, but m no evem shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of thru Bond THE OBLIGATION TO PAY SAME ~s conditioned as follows Whereas, thc P. nclpal entered into a certain Contract, identified by Ordinance Number 2000-332, with thc City ot Denton. the Owner, dated the 3rd day of October A D ~, a copy ot which is hereto attached and made a part h~.rouf, for B-rd #2561 - Metal Bm. ld:tn~s "T" Shed (Items 1 and 3) NOW, THEREFORE if'the Prmclpal shall well, truly and talthtully pertorm tis dutle~ and make prompt payment to all persons tirms, ~ubcontractors, corpnratlon~ and claimants supplying labor and/or material m the prosecution of thc Work provided lor In said Contract and any and all duly authorized modfficatnms ot said Contract that may hcrcatter be made, notice oi which m~nhficattons to the Surety bemg hereby expressly waived, then this obligation ~hall he void, otherwise tt shall remain tn full force and effect PROVIDED FURTHER, that tf any legal action be filed on this Bond. exclusive venue shall lie in Denton County, Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that ne change, extensmn of time, alteratlen or addition to the terms of thc Contra{A. or to the Work to be performed thereunder, or to thc Plans, '.;pecihcatmns, Drawings, etc accompanying the same, shall in anywise affect lis obhganou on this Bond and R does hereby waive notice of any such change, extension ot tln~, alteratmn 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 Thts Bond ts given pursuant to the provtmons of Chapter 2253 of the Texas Government Code, as amended, and any other apphcable statutes of the State of Texas Thc undermgn~ and designated agent Is hereby designated by the Surety hereto as thc Remdea~t Agnm m Dmton County to whom any Teqmslte notices may be dehvered and on whom servtce of process may be had m matters arising out of such suretyship, as provided by Article ? 19-1 of the Insurance Code, Vernon's Annotated Ovd Statutes of thc State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 .. copies, each one of whtch shall be deemed an original, this the 3rd.. day of October , 200~0 ATTEST PRINCIPAL __ ~(x;;~ Wayne A)len Constructzon Co , Inc.... SECRETARY PRESIdenT ATTEST SURETY Western Surety~ Company h '1 ATTORNeY-IN-FACT ' Mzchael P Wh~senant rhc Resident Agent of the Surety in Denton County, Texas for dehvery of not]ce and service of the proces~ is NAMF TCT Insurance Services, Inc ~qR~.ET ADDRESS 100 West Oak, Suite 316, Denton, TX 76201 (NOTE Date of Payment Bond must be date of Contratt If Resident Agent ,~ ,lot a ~: orporatton, gtve a persoa's name ) PB - 4 , VVestern Surety Company POWER OF ATTORNEY CERTIFIED COPY Bond No 22501906 Know All Men By These Presents that WESTERN SURETY COMPANY, a corporatmn duly organized and exmt*ng under the laws of the State o~ South Dakota, and hawng ~ts principal office m S~oux Fails South Dakota (the ' Company') does by these presents make constitute and appmnt Aq~0.a~ ~ ~-~ ant ___ - _ ~ts true and lawful attorney(s) m fact, w~th full power and authomty hereby conferred~to execute acknowledge and dehver for and on ~ts behalf as Surety, bonds for P~nc~pal Wayne Allen Construction Co , Inc Obhgee City of Denton, TX Amount $63,311 60 and to brad the Company thereby as fully and to the same extent as ff such bonds were signed by the Presxdent sealed with the corporate seal of ~he Company and duly attested by ~ts Secretary hereby ratifying and confirming all that the saxd attorney(s) ~n fact may do w~thm the above stated hm~tatmns Sa~d appointment m made under and by authority of the following bylaw of Western Surety Company which remains ~n full force and effect ' Section 7 All bonds, pohcms, undertakings, Powers of Attorney or other obhgaUons of the corporatmn shall be executed m the corporate name of the Company by the President Secretary, any Assmtant Secretary, Treasurer or any V~ce President or by such D~rectors may authomze The President, any V~ce Premdent Secretary any Assistant Secretary or the other officers as the Board of 11 uthont to issue bonds pohc~es or undertakings ~n the name of Treasurer may appoint Attorneys m Fact or agents who sba have a Y undertakings, Powers of Attorney or other the Company The corporate seal m not necessary for the vahd~ty of any bonds pohc~es abhgat~ons of tho corporation The s~gnature °f any such °fficer and the c°rp°rate seal may be Printed bY facs~mde All authonty hereby conferred shall exp~re and termmate w~thoutnotme, unless used before m~dmght °f -- Decembe~ 2 0 0 0 but untd such t~me shall be irrevocable and ~n full force and effect In W~tness Whereof Western Surety Company has caused these presents to be s~gned by ~ts Pres~dent, Stephen T Pate and ~ts OctQber 2000 corpora~%~%~ffi~ed thru ~ rd _ day of_ WESTER ,~ ~U ~ ~ ~' ~?~ NSURETY C O M]~NY _~ ~ ~ ~ StephenT Pate President WESTERN SURETY COMPANY and acknowledged sa~d instrument to be the voluntary act and deed of sa~d corporatxon (] Notary Pubhc South Da oo_o_ -Stephen T Pate, president CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention ts dtrected to the tnsurance requirements below It ss htghly recommended that bidders confer wtth their respective msurance carriers or brokers to determme tn advance of Btd suOmtssion the availability of insurance certificates and endorsements as prescribed and provt~led herein If an apparent low bidder fails to comply strtctly wtth the msurance requtrem~nts, that bidder may be dtsquallfied from award of the contract Upon btd award, all tnsurance requtrements shall become contractual obhgattons, whtch the successful btdder shall have a duty to maintain throughout the course of this contract STANDARD PROVISIONS: Wtthout limtttng any of the other obhgattons or habthttes of the Contractor, the Contractor shall provtde and mamtatn unttl the contracted work has been completed and accepted by the Ctty of Denton, Owner, the mtmmum insurance coverage as tndtcated heretnafter As soon as practtcable after notification of btd award, Contractor shall ftle wtth the Purchastng Department sattsfactory certificates of insurance, contatnmg the btd number and tttle of the p ~j ct Contractor may, upon written request to the Purchastng Department, ask for roe atton o an~ insurance requtrements at any ttme, however, Contractors are strongly clar~fic ~ -- ........ ,~ ~,,~ ~-entn~ stnce the tnsurance requtrements may not be advtsed to make SUCh requests prtut ~u u,. ~,y o rnodtfied: or waived after btd opening unless a written exceptton has been submitted wtth the btd Contractor shall not commence any work or dehver any matertal until he or she recetves nottficatton that the contract has been accepted, approved, and stgned by the C#y of Denton All insurance pohctes proposed or obtatned tn sattsfactton of these reqmrements shall comply wtth the followmg general spectficattons, and shall be mamtamed tn comphance wtth these general ~pectficattons throughout the duration of the Contract, or longer, tf so noted · Each policy shall be ~ssued by a company authorized to do business in 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 bid proposal If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions w~th respect to the C~ty, ~ts officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related ~nvestigat~ons, claim adm~mstrat~on and defense expenses · Liability pohcles shall be endorsed to provide the following · o Name as add~tional insured the C~ty of Denton, as Officials, Agents, Employees and volunteers oo Tl~at such ~nsurance is primary to any other ~nsurance avalable to the additional insured with respect to clams covered under the pohcy and that this msurance applies separately to each ~nsured aganst whom clam is made or sat 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 ADV.4NCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE I0 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED" · Should any of the reqmred insurance be prowded under a clams-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 ansmg dunng the contract term which give nsc to claims made after expiration of the contract shall be covered · Should any of the reqmred insurance be prowded under a form of coverage that ~ncludes a general annual aggregate limit prowd~ng for claims ~nvesUgaUon or legal defense costs to be included in the general annual aggregate hmlt, the Contractor shall either double the occurrence hm~ts or obtmn Owners and Contractors Protecttve L~abflity 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 required by thru contract, effective as of the lapse date If tnsurance is not reinstated, City may, at ~ts sole option, termmate th~s agreement effective on the date of the lapse SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS. All tnsurance pohctes proposed or obtatned tn sat~sfactton of th~s Contract shall addtttonally comply ,wtth the followmg marked spectficattons, and shall be matntamed tn comphance wtth these addtttonal spectficat~ons throughout the duratton of the Contract or longer, tf so noted [X] A General Liability Insurance' General L~abdlty insurance with combined angle hmlts of not less than shall be provided and mantaned by the Contractor The policy shall be written on an occurrence basis either m a smgle pohcy or ~n a comb~naUon of underlying and umbrella or excess pohmes If the Commercial General Lmbdlty form (ISO Form CG 0001 current edition) ~s used · Coverage A shall mclude premises, operations, products, and completed operations, independent contractors, contractual habthty covenng th~s contract and broad form property damage coverage · Coverage B shall include personal injury · Coverage C, medical payments, ~s not required If the Comprehensive General L~ab~hty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) ~s used, it shall include at least · Bodily injury and Property Damage L~abfllty for premises, 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 this contract, personal ~njury habfllty and broad form property damage habfl~ty IX] Automobile Liability Insurance. Contractor shall prowde Commercial Automobile L~ab~hty insurance w~th Combined S~ngle Limits (CSL) of not less than $30c~;0a0 e~ther m a single pohcy or ~n a combination of basic and umbrella or excess pohc~es The pohcy w~ll include bodily injury and property damage liability arising out of the operation, matntenance and use of all automobiles and mobile equrpment used ~n conjunctton with this contract Satisfaction 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 Workers Compensation Insurance Contractor shall purchase and mmntam Worker's Compensation insurance which, m addition to meeting the m~mmum statutory requirements for ~ssuance of such insurance, has Employer's Liability hm~ts of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 pohcy hm~t for occupational d~sease The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the C~ty, ~ts officmls, agents, employees and volunteers for any work performed for the C~ty by the Named Insured For bmldmg or construction projects, the Contractor shall comply with the prows~ons of Attachment 1 ~n accordance w~th §406096 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 obtmn, pay for and maintain at all times dunng the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability Insurance pohcy 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 tames the Contractor's hablhty 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 reqmred if Broad form General Llablhty is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building L~mits of not less than each occurrence are reqmred [ ] Professional Liability Insurance Professional liability insurance with hmlts not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement [ ] Builders' RJsk Insurance Bmlders' Risk Insurance, on an All-Rink form for 100% of the completed value shall be provided Such policy shall include as "Named Insured" the C~ty of Denton and all subcontractors as their interests may appear [ ] Additional Insurance Other insurance may bc reqmred on an individual basis for extra hazardous contracts and specific service agreements If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of thc contract specifications ATTACHMENT 1 IX] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entrees A Defimt~ons Certfficate of coverage ("certfficate")-A copy of a certificate of insurance, a certfficate of authority to selfqnsure ~ssued by the commlssmn, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers~ compensatmn ~nsurance coverage for the person's or entlty's employees providing servmes on a project, for the duratmn of the project Duratmn of the project - includes the t~me from the begmmng 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 servmes on the project ("subcontractor" m §406 096) - mcludes all persons or enttues 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 Th~s ~ncludes, without hm~tatmn, independent contractors, subcontractors, leasing companies, motor carners, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to prowde serwces on the project "Services" ~nclude, w~thout limitation, prowdmg, hauling, or dehvenng equipment or materials, or prowd~ng labor, transportation, or other service related to a project "Serwces" does not ~nclude act~mt~es unrelated to the project, such as food/beverage vendors, office supply dehvenes, and dehvery of portable toilets B The contractor shall provide coverage, based on proper reporting of classfficat~on 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 serwces on the project, for the duration of the project C The Contractor must prowde a certfficate of coverage to the governmental entity prior to being awarded the contract D If the coverage period shown on the contractor's current certfficate 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 obtmn from each person prowdlng 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 provid~ng 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, ~f the coverage period shown on the ctm'ent 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 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 providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage I The contractor shall contractually require each person with whom it contracts to provide services on a project, to (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all of its employees providing services on the project, for the duration of the project, (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showang 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 pertod, 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) obtmn from each other person with whom it contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person beg~nmng 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) retain all required certfficates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified marl 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 approprtate insurance career 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 mvfl actions K, The contractor's failure to comply with any of these provimons 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 B~d 2561 Metal Building 'q" Shed (Item 1 & 3) CONTRACT & BOND & INS - l0 2000 (Revised) BID PROPOSALS PAGE 1 Or 2 City Of ~, T~ ~I*B T~' ~ ~~ ~,T~ 7~1 24' x 36' Pre-Fabncated Metal Budding I $ $10,248 for palletlzed Concrete Storage 50' x 100' x 20' Pre-Fabricated Metal Buddmg I $__ $ 45,132 for compost production and storage 168' x 40' x 20' 'T" Shed I $.__ $ 29,408 for bulk items storage Deduct for each 24' section deleted from Item 3 Each $__ $ (2,829) Add for ench 24' sectmn edded to Item 3 Each $ $ 3,140 NOTE (1) By sliming and submlttin8 tins bid proposal, the bidder certifies that ali items bid meet or exceed MBMA standards, all applicable buddJn8 codes, and ensmeerm~ requirements NOTE (2) Requests for Clarification(s) to be directed to Tom Shaw at the telephone number(s) and address shown on the Bid Invitation Needed addendum(s) can be issued until 5 days prior to the Bid Opcnm8 Wcquotethctboverob delivered to Dento~ Texas Stdpmentcant~n~kmS-lfl wks. J,~(from rcco~ of order Tom mY30 unless otherwise ~ In suboulun8 tho ~dove bid,t gte vendor q~ees ~tmt accepmmo or any or gl bid tlems by tho Ctt~ of l~nton Texas wl~n · t~uonabJ~ period of Um~ consumes a comnct Thc complete BM Prope~ must b~ Wopel~ pined, siSned, and remmai 100 N. Locust, Suite 1 Wayne Allen Construction Co., Inc. DentOnc,~ TX 76201~rm''"~rms.~ z~ ~ (940) 566-1819 (940) 891-1082 Wayne 0 Allen Telellmm ~ Number IMaOl~yW N~ Presi dent Bid 2~61/bietel Budd~s & T ~ ADDENDUM 1 BID 2561 Specifications, terms, and/or conditions for the referenced bid are revised as follows: Bid Item 1 24' x 36' x 10' Braiding Section 4 Add Roof slope 1 12 Bid Item 2 50' x 100' x 20' Bmld~ng Section 10 Add Doors to be roll-up or slider Section 12 Add Insulation to be spray-on polyurethane or PSK reinforced wnyl back blanket Section 13 Add. Turbine type, 12" ventilators 8 ea evenly spread Reference to Foundation for Bid Items 1, 2 and 3 is revised to read: Bidder is responsible for design of anchor bolts and proper installation in slab Foundation/slab will be bid at a later date pending receipt of current onmte soil testing and engineer's foundation design Building contractor is not responsible for foundation/slab design or installation under this bid Pl/~.acknowled_~pt~of Addendum 1 by signing this sheet and rd~ul%ing along~]~/~i..d II~oposal. /~ W ayneAllen Construct, on Co , Inc ~Name ~r- ~ - ' - Company BID NUMBER 2S61 BID PROPOSALS PAGE 2 OF 2 City of D~to~, T~ 9~l-B T~ms Street Purchasing ~t 24' x 36' Pre-Fabricated Metal Building I $__ 10,248 for palletlzed Concrete Storage 50' x 100' x 20' Pre-Fabricated Metal Bufldmg 1 $__ $ 45,132 for compost productton and storage 168' x 40' x 20' 'T" Shed I $__ $ 29,408 for bulk ttems storage 4 Deduct for ench 24' sectton deleted from Item 3 Each $__ $ (2,829) Add for eech 24' secuon added to Item 3 Each $__ $ 3,140 NOTE (1) By signing and subnutting this btd proposal, the bidder cemfies that all items bid meet or exceed MBMA standards, all apphcable budding code, s, and engineering reqmremems NOTE (2) Requests for ClanficaUon(s) to be d~rected to Tom Shaw at the telephone number(s) and address shown on the Bid Invitation Needed addendum(s) can be msued unul 5 days prior to the Bid Opening Wc quotc dm above f o b delivered to nmtm~ Texas Shipm~m can b~ ms~ mj~_.~__~,~_, ~K from receipt of ouler Terms n~/30 u~ess othcrwssc m&camd Iff subnuUm8 ~he above bid, th~ vendor asters that acc~ of any or all bid items by ~he Ctty of Denton, Texas within · reasonable period of ~ constitutes · conu,act Tim complete Bsi Proposal must be propedy prmed, s~ned, and memraed 100 N Locust, Suite 1 Wayne Allen Construction Co., Inc. DentOnc,~ TX 76201~'m"'" ~dd~us~,~ mp ~ (940) 566-18~9 (940) 891-1082 Wayne 0. Allen Telephoto F~x Nundmr Prmul~ype Nmn~ President Tale Bid 2561/Mem[ Budd~s & T shed Cllent~ 34004 WAYNE -ACDRD CERTIFICATE OF LIABILITY INSURANCE PROCUCER THIS CERTIFICATE IS ISSUED AS A MAi ~t:l.~ OF INFORMATION Hlgglnbotham & Assoc , Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR DBA Denton Insurance Center ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P O Drawer C ~ INSURERS AFFORDING COVERAGE Denton, TX 76202 INSURED -- --- INSURERA EVANSTON YNSU~kNCE COMPAi~Y Wayne Allen Const Co ,NSURERE HARTFORD ~N~URANCE 100 N Locust, Suite 1 INSURER C Denton, TX 76201 INSURER D .OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOT%NITHSTANDING 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 NSR POMCY EFFI~CTIVE POLICY EXPIRATION A CEN.RALUAE'L'TY CL421900147 09/15/00 09/15/01 'E^CHOCCURRE,CE [$_1~000,000 i~ !iOM M ERCiAL GENERAL LiAE ,LiTY FIRE D~AMAGE (Any one?irs__) , 50~000 -- 1 CLAIMS MADE [] OCCUR M__ED EX? (A~y one person_) $ 5 , 0 0 0 PERSONAL&ADVINJURY $~ 000., 000 ] GENERAL AGGREGATE $2000, 000 SEN L AGGREGATE LIMITAPPLIESPER PRODUCTS COMP/DP AGG _$~ 000., 000 ~ POLICY [ I ~IP~R~C~ ~-1 LOC B I AUTOMOBILEUAB~LITY_i 46UECFJ5271 03/18/00 03/18/01 COMBINEDSINGLELIMIT(Eaacctdent) $1, 000/ 000 I ~ ANYAUTO OTHER THAN EAAC~C $ EXCESS L[ARILITY EACH eCsC U R R~EN CE ' OCCUR I ] CLAIMS MADE AGGRE~GATE -- -- I I RETENTION $ I $ EM'LOYERSP LIABILITY [ WC STATU I E L DISEASE POLICY~ DESCRIPTION OF Dp E .ATI ON~/LOCATION ~'V EHIC LES/EXC LUSIONS ADDED DY ENDORSEMENT/SPECIAL PROVIStON$ E~.d #25~:]_ - Metal ~u~_ld~.ng "?" Shed (Items i & 3) Cl~y of Denton, Its officials, agents, em~loTees and 'volunteers are named as Additional Insured on the General Llabllzty Policy Cancellation Clause is amended to read Policies shall not be Cancelled, (See Attached Descriptions) CERTIFICATE HOLDER I I ADDITIONALINSUREO,INSURERLETFER CANCELLATION Attn Purchasln~ Dept NOIlCE TOTHE CERTIFICA~ HOLOERNAMED TOTHE LEFT BUT FAJLURE TO DO SO SHALL Dent on, TX 76201 REPRESENTATIVES ACORD 25 S (7/97) 1 of 3 #849288/M49285 MYA ® ACORD CORPORATION 19b~ - IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pol~cy0es)must be endorsed A statement on thru certificate does not confer r~ghts to the certificate holder ~n Iteu of such endorsement(s} If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer nghts to the certificate holder ~n I~eu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse s~de of th~s form does not conshtute a contract between the ~ssu~ng ~nsurer(s), authorized representative or producer, and the certificate holder, nor does it afhrmat~vely or negatively amend, extend or alter the coverage afforded by the policies hsted thereon ACORD25-S(7/97)2 of 3 #S49288/M49285 DESCRIPTIONS (Continued from Page 1) Nonrenewed or,materially changed without 30 days advanced written notice to the City of Denton, except for nonpayment of premium, ~n which case 10 days written not~ce ~s required AMS253(0?/97) 3 Iof 3 #S49288/M49285 ACORD. CERTIFICATE OF LIABILITY INSURANCE I *.--~..~------r*a?~'~a'c c_~,,=nn FAX (972)960-7410 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE TCT Insurance Services, ThC LD HOLDER THIS CERTIFICATE ODES NOTAMEND, EXTEND OR 12660 Co~t Road ALTER THE COVERAGE AFFORDED BY THE POLICIES SELOW Suite 200 INSURERS AFFORDING COVERAGE Dallas, TX 7$ZS! - INSURED Nayne A'l'len Const Co , ThC INSURERA Texas Workers Comp Ins Fund 100 N Locust, Suite I INSURERS Denton, TX 76201 ~NSURERC INSURER 0 I 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 I CLAIMSMADE [~ OCCUR MEOEXp(Anyoneperson) $ PERSONAL & ADV INJURY $ '~ POLICY [~-~ jPERcOT [~LOC EXCESS LIABILITY EACH OCCURRENCE $ [ OCCUR [] CLAIMS MADE AGGREGATE $ $ WORKERSCOMPENSATIONAND L009086 03/19/2000 03/19/2001 X [TORYL'"'TSI EMPLOYERS LIABILITY E L EACH ACCIDENT $ 500 ~ DOC A EL DISEASE EAEMPLOYEI $ 500,00( EL DISEASE POLICY LIMIT $ 500,00( DESCRIPTION OF O p ERATIO N SILOCATION 8N E NIC~E.~/~EXC LU SION S ADDED BY ENDORSEMENT/SPECIAL PROVISI~O N S ~ef B~d 2561-Meta~ Bldg - T Shed(Items 1 and 3) Waiver OT Subrogation in favor of City of Denton, its off~clals, agents, emp]oyees and vo]unteers CERTIFICATE HOLDER I I ADDITIONAL INSURED INSURER LETTER CANCELLATION City of Denton Purchasl ng Oept BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 901-B Texas, St [EPRESENTATIVEE Denton, TX 76201 ~rvld ACORD 25-S (7/97) FAX (940) 349~7302 ©ACORD CORPORATION 198u