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2000-373 ORDINANCE NO o~EZ:~ -~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF AMARILLO STREET SIDEWALK, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2560 - AMARILLO STREET SIDEWALK AWARDED TO SENECA CONTRACTING, IN THE AMOUNT OF $22,237) WHEREAS, the City has solicited, and received competitive sealed bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest respondent for the construction of the public works or improvements described in the bid invitation, and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive sealed bid for the construction of pubhc 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 NUMBER CONTRACTOR AMOUNT 2560 Seneca Contracting $ 22,237 SECTION II That the acceptance and approval ofthe above competitive sealed bid shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all 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 SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the eonstruetlon 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 Request for Sealed Bids, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive sealed bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specffied in such approved bids and authorized contracts executed pursuant thereto SECTION V That th~s ordinance shall become effective ~mmedlately upon its passage and approval PASSED AND APPROVED this the/7 ~ day of ~d~o~ gF 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY f/'"~/r a~.~~ o ANCE 10 BiD 2560- Amarillo ~mowm~ ~tua~L~ wuvdxS CONTRACTUAL RDIN 00 ATTACHMENT 1 TABULATION SHEET B~d # 2560 Date 9/14/00 AMARILLO STREET SIDEWALK NO, I Qt~', I . ~ .... ~T~o, .............. ,.. VENDOR VENDOR VENDOR Seneca Lands Wh~zcon Utd~bes Contracbng Construction Principle, Place of Business Denton, TX Denton, TX Arhngton, TX TOTAL BASE BID $22,237 00 $34,618 80 $23,685 55 1 Bid Bond Yes Yes Yes CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 17 day of October A D , 2000, by and between City of Denton of the County of Denton and State of Texas, acting through Mmhael W. ]ez thereunto duly authorized so to do, hereinafter termed "OWNER," and Seneca Contracting P.O. Box 1470 2513 East Mcgmney Denton, TX 76202-1470 of the Ctty of Denton , County of Denton and State of Texas , hereinafter termed "CONTRACTOR" WITNESSETH That for and in consideration of the payments and agreements hereinafter mentmned, 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 2560 - Amarillo Street Sidewalk in the amount of ..~.$22,237~ 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, 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 ~n the Proposal and the Performance and PaYment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Specml Conditions, the Not~ce to B~dders (Advertisement for B~ds), and Instructions to Bidders, as referenced herein and on file ~n the office of the Purchasing Agent, and ~n accordance with the plans, which includes all maps, plats, bluepnnts, and other drawings and printed or written explanatory matter thereof, CA- 1 and the Specfficanons therefore, as prepared by Denton g. ng~neer~ng Department all of which are referenced hereto and made a part hereof and collecttvely ewdence and consnmte the entire contract Independent Status It ~s mutually understood and agreed by and between C~ty and Contractor that Contractor ~s an independent contractor and shall not be deemed to be or considered an employee of the C~ty of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or s~ck leave benefits, worker's compensaUon, or any other C~ty employee benefit City shall not have superwsion and control of Contractor or any employee of Contractor, and ~t ~s expressly understood that Contractor shall perform the serwces hereunder accordmg to the attached specfficanons at the general d~recnon of the C~ty Manager of the C~ty of Denton, Texas, or h~s destgnee under th~s agreement Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the C~ty of Denton from any and all damages, loss, or habfi~ty of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or neghgent act of Contractor, ~ts officers, agents, employees, ~nwtees, and other persons for whom ~t ~s legally hable, w~th regard to the performance of th~s Agreement, and Contractor will, at ~ts cost and expense, defend and protect the C~ty of Denton agmnst any and all such clmms and demands Chmce of Law and Venue Th~s agreement shall be governed by the law of the State of Texas and venue for ~ts construction and enforcement shall he m the courts of Demon County, Texas The CONTRACTOR hereby agrees to commence work on or after the date estabhshed for the start of work as set forth m written not~ce to commence work and complete all work w~thm the tune stated m the Proposal, subject to such extensions of t~me as are prowded by the General and Spemal Cond~Uons The OWNER agrees to pay the CONTRACTOR ~n currem funds the price or prices shown m the Proposal, which forms a part of th~s contract, such payments to be subject to the General and Special Cond~tmns of the Contract CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement the year and day first above written (SEAL) ATTEST CONTRACTOR O~tO TotJ MAILING ADDRESS PHONE NUMBER ,::;)4.0 .- $ e z o 9 5 o FAX NUMBER TITLE APPROVED AS TO FORM I / PRINTED NAME CITY ATTORNEY/ I - ~ CA - 3 Bond # SA3826 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Seneca Contracting whose address is p,o. Box 1470, 2513 E. McKmney: Denton~ TX 76202-1,~70 , hereinafter called Principal, and 6a~.ted States F.~.delxty & Guaranty Company a corporation organized and existing under the laws of the State of Texas and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumclpal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of Twenty Two Thousand Two Hundred Thirty Seven and no/100 DOLLARS ($~) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplememal Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2000-373, with the City of Denton, the Owner, dated the 17 day of October A D _.2.00~, a copy of which is hereto attached and made a part hereof, for B~d # 2560 - Amarillo Street Sidewalk. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of t_he undertakings, covenants, terms, condlnons and agreemems of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the hfe of any guaranty or warranty required 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 modlficanons to the Surety being hereby waived, and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within 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 indemnify 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 m~makmg good any default or deficiency, then this obhgatlon shall be void, otherwise, it shall remain m full force and effect PB - 1 £ PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc, accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addmon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arming 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 17 day of October , __2000__ ATTEST PRINCIPAL BY ATTEST SURETY ~c.5~~ Unit,/States Fl,delzty & Guaranty,~ ~.~ Company BY ATTORNEY-IN-FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME Jaff Trenthem / Maxon-Mahoney-Turner: Inc STREET ADDRESS 8610 King George Drxve, Dallas, TX 75233 (NOTE Date of Performance Bond must be date of Contract If ResMent Agent ~s not a corporation, g~ve a person's name ) PB-2 Bond # SA3826 - PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Seneca Contracting , whose address m p.o. Box 1470. 2513 East McKmney, Denton: TX 76202-1470 , hereinafter called Pnnc~pal, and Unxted States F~.dehty & Guaranty Company , a corporation organized and exmtmg under the laws of the State of Texas , and fully authorized to transact business ~n the State of Texas, as Surety, are held and firmly bound unto the C~ty of Denton, a mumc~pal corporation organized and ex~stmg under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporanons who may furmsh materials for, or perform labor upon, the budding or ~mprovements hereinafter referred to, in the penal sum of Twenty Two Thousand Two Hundred Thirty Seven and no/1D0 DOLLARS ($_22.23_2_) In lawful money of the Umted States, to be paid ~n Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby b~nd ourselves, our heirs, executors, admmmtrators, successors, and assigns, jomtly and severally, firmly by these presents This Bond shall automatically be ~ncreased 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 is conditioned as follows Whereas, the Principal entered into a certain Contract, ~dent~fied by Ordmance Number _ZODDz323.-, with the City of Denton, the Owner, dated the 17 day of October A D _2OJ~, a copy of which ~s hereto attached and made a part hereof, for B~d 2560 - Amarillo Street Sidewalk. NOW, THEREFORE, ff the Principal shall well, truly and fmthfully perform ~ts duties and make prompt payment to all persons, ftrms, subcontractors, corporations and clmmants supplying labor and/or material ~n the prosecution of the Work prowded for m smd Contract and any and all duly anthor~zed modifications of smd Contract that may hereafter be made, notice of which modifications to the Surety bemg hereby expressly waived, then th~s obhgat~on shall be void, otherwme it shall remain m full force and effect PROVIDED FURTHER, that ff any legal action be filed on this Bond, exclusive venue shall lie m Denton County, Texas AND PROVIDED FURTHER, that the smd Surety, for value received, hereby snpulates and agrees that no change, extension of nme, alteration or add,non to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawmgs, etc, accompanying the same, shall m anywise affect its obhgat~on on thru Bond, and ~t does hereby wmve not~ce of any such change, extension of tune, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawmgs, etc PB - 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 The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent m Denton County to whom any requlmte 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 17 day of October, .2.000 ATTEST PRINCIPAL PRESIDENT ATTEST SURETY BY ~k~x'~ (~)0~%ByUn~ted States F~dehty & Guaranty Company~~~ ATTORNEY-IN-FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME Jeff IYenthem / Maxon-Mahone¥-Turner, Inc 8610 Kxng George Drxve, Dallas, TX 75233 STREET ADDRESS (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person ts name ) PB - 4 POWER OF ATTORNEY Seaboard Surety Company Un,ted States Fidelity and Guaranty Company St Paul Fire and Marine Insurance Company Ftdebty and Guaranty Insurance Company St Paul Guardian Insurance Company Fidebty and Guaranty Insurance Underwriters, lnc St Paul Mercury Insurance Company Power of Attorney No 20290 Certificate No ~ -r KNOW ALL MEN BY[THESE PRESENTS That Seaboard Surety Company is a corporation duly org mlzed under the laws ol the State ol New York and lb a St Paul Fire and Marmeflnsurance Company St Paul Guardian Insurance Company and St Paul Mercury lnqumnce Company are colporatmn~ duly orgam/ed uudcr the laws of the State of Minnesota and that Umted States F*dehty and Guaranty Company ~s a corporauon duly org mlzed under the laws ol the State ol Maryl md md that Fldehty and Ouaralaty Insurance Company is a corporation duly orgam?ed undcl the laws ut thc State of Iow~ and th-tt Pldehty -md Guatamy In,ut'mc, Undcrv,~,terq Inc ~s a c~q~oratmn duly orgamzed under the laws of the State ol W~sconsm (herem ~ ollect~uely ~ oiled th~ Compante~ ) md that the Comp mits do hereby make consutute ~nd appoint Donal Boley, Steve Deal and Stare Gross Wtcbata Falls Texas ol the C~ly ol State thetr true and lawlul Attorney(s) m Pact each in their separate capacity il more than one is ~ltnned above to sigB its name as surety to alld to execute seal and tcknowledge any and all bond~ undcrt tktn~s contracts and other wrllten mstt,uments in the nature thereof on behalf of the Compamcs in thmr business of guaramecmg the hdehty of persons guaran~ecm~ perlormancc of contract~ aud executing or guaranteeing bond: actions or proceedmbs allowed by law December 1999 IN WITNF~;S WHEREOF the Compames have ~ oI _ ~}l~mted States FMebty and Guaranty Company Seaboard Surety Company hdehty and Guaranty Insurance Company St Paul Fire a l~Mebty and Guaranty Insurance Underwmters, Inc St Paul ~, St Paul Mercur3 ~ ~ Cny o~ B dtlmore On th~s 1st day of December 1999 belole me the undelslgm, d off,cci personally q>pe,ucd John I Plnnncy tnd Mtchlel R McKibben, who acknowledged themselves to be the Vxce President and Assistant Secretary ~cspect~vely of Seaboard Surety Company SI Ptul b~t md Marine Insurance Company St Paul Guardmn Insurance Company St Paul Mercury lnsmancc Company Umtcd States P~dchty ~nd Guar mty Company P~d~-I~t5 md Gu'~rantylnsumnceCompany andF~dehty andGuarantylnsuranceUnderwmers Inc andthalthe ~eals ~lflxed to thc forcgolnglnstrumemarethccmpo~atc sctlsot In W,tness Whereof, 1 hereunto set my hand and olf, c,al seal O ~/"~/~ ~/~ 86203 Rev 11 99 Printed m U SA ~- · . That such insurance is primary to any other insurance avmlable 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 stat Is brought The inclusion of more than one insured shall not operate to increase the insurer's limit of habd~ty 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 reqmred insurance be provided under a claims-made form, Contractor shall mmntam such coverage continuously throughout the term of this contract and, w~thout lapse, for a period of three years beyond the contract expiration, such that occurrences arising dunng the contract term which give rise to claims made after expiration of the contract shall be covered · Should any of the reqmred ~nsurance 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 obtmn Owners and Contractors Protective Llablhty Insurance · Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the C~ty 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 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All msurance pohctes proposed or obtained tn satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be mamtamed tn comphance with these additional specifications throughout the duration of the Contract, or longer, if so noted IX] A General Llablhty Insurance: General Liability insurance with combined single hm~ts of not less than $1:0oo:000 shall be provided and mmntained by the Contractor The policy shall be written on an occurrence basis e~ther in a single policy or in a comb~nation of underlying and umbrella or excess policies If the Commercial General Liability form (ISO Form CG 0001 current edition) ~s used · Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual hab~hty covenng th~s contract and broad form property damage coverage · Coverage B shall mclude personal injury · Coverage C, medical payments, ~s not reqmred If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, ~t 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 habdtty (preferably by endorsement) covenng th~s contract, personal injury habthty and broad form property damage habd~ty IX] Automobile Liability Insurance. Contractor shall provide Commermal Automobile L~abdity ~nsurance with Combined Single Limits (CSL) of not less than $1 :OOO:O00 e~ther tn a s~ngle pohcy or ~n a combination of basra and umbrella or excess pohc~es The pohcy wall include boddy mjury and property damage hab~hty arising out of the operation, mmntenance and use of all automobiles and mobde equipment used ~n conjunction with th~s contract Satisfaction of the above reqmrement shall be in the form of a policy endorsement for · any auto, or · all owned, h~red and non-owned autos IX] Workers Compensation Insurance Contractor shall purchase and mmntatn Worker's Compensation ~nsurance which, ~n addition to meeting the mlmmum statutory reqmrements for ~ssuance of such ~nsurance, has Employer's L~ablhty limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 pohcy hm~t for occupational disease The C~ty need not be named as an "Addmonal Insured" but the ~nsurer shall agree to waive all rights of subrogation agmnst the Cay, ~ts officials, agents, employees and volunteers for any work performed for the C~ty by the Named Insured For bmld~ng or construction projects, the Contractor shall comply with the provisions of Attachment 1 ~n accordance w~th §406096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Comm~ssion (TWCC) [ ] Owner's and Contractor's Protective Llablhty Insurance The Contractor shall obtam, pay for and maintain at all ttmes 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 m.~ury winch may arise m the proseeutton of the work or Contractor's operations under th~s contract Coverage shall be on an "occurrence" basis, and the pohcy shall be issued by the same insurance company that cames the Contractor's habthty insurance Pohcy limits wall be at least __.combined bodtly tnjury and property damage per occurrence with a aggregate [ ] Fire Damage Legal L~abfllty Insurance Coverage ts required tf Broad form General Llabthty ts not provtded or ts unavailable to the contractor or if a contractor leases or rents a portton of a Ctty bmldmg L~mtts of not less than each occurrence are reqmred [ ] Professional Liability Insurance Professional hablhty insurance with limits not less than per clatm wtth respect to neghgent acts, errors or omissions tn connectton with professional services required under this Agreement Builders' Rask Insurance Budders' Rask Insurance, on an All-Risk form for 100% of thc completed value shall be provided Such pohcy shall include as "Named Insured" the C~ty of Denton and all subcontractors as their interests may appear [ ] Additional Insurance Other ~nsurance may be required on an individual basis for extra hazardous contracts and specific service agreements If such addittonal insurance is required for a specific contract, that reqmrement will be described in the "Specific Conditions" of the contract specifications ATTACHMENT 1 Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A Defimtions Certificate of coverage ("cemficate")-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 entay'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 contraetofs/persoffs 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 entitles 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 hmltation, independent contractors, subcontractors, leasing compames, motor careers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project "Services" include, without limitation, providing, hauling, or dehvenng equipment or materials, or prowdlng labor, transportation, or other service related to a project "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply dehvenes, and delivery of portable toilets B The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all employees of the Contractor providing services on the project, for the duration of the project C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract D If the coverage period shown on the contractor's current certificate of coverage ends dunng the durataon 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 entaty (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 prowdmg services on the project, and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends dunng the duration of the project F The contractor shall retmn all required certificates of coverage for the duration of the project and for one year thereafter G The contractor shall notify the governmental entity in writing by certified mall or personal delivery, w~thm 10 days after the contractor knew or should have known, of any change that materially affects the provlsmn of coverage of any person providing services on the project H The contractor shall post on each project sate 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 filmg 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 showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project, (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends dunng the duration of the project, (4) obtain from each other person with whom at contracts, and provide to the contractor (a) a certaficate of coverage, prior to the other person beganmng 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 reqmred certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entaty in wntmg by certified mall or personal delivery, watban 10 days at~er the person knew or should have known, of any change that materially affects the provaslon of coverage of any person providing services on the project, and (7) contractually require each person with whom it contracts, to perform as reqmred by paragraphs (1) - (7), with the certaficates of coverage to be provided to the person for whom they are providing serwces J By signing thas contract or providing or causing to be provaded a certificate of coverage, the contractor as representmg to the governmental entaty that all employees of the contractor who will provade 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 classaficatlon codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance earner or, an the case of a self-insured, with the commissaon's Dlvasaon of Self-Insurance Regulation Provadmg false or misleading ~nformatlon may subject the contractor to admmlstratave penaltaes, enmmal penalties, civil penalties, or other civil actions K The contractor's fmlure to comply with any of these provisions is a breach of contract by the contractor whach enmles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notace of breach from the governmental entity Bid 2560- Amarillo St Sidewalk - CONTRACT & INS 10 -00 BID SUMMARY TOTAL BID PRICE IN WORDS ~-~ ~'7~ /~/~0 In the event of the award of a contract to the undersigned, the undersigned wtll furmsh a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and-t"~uarantce '~ayment for all lawful clanns for labor performed and materials furmshed m the fulfillment of the contract It m understood that the work proposed to be done shall be accepted, when fully completed and finished m accordance with the plans and specifications, to the satisfaction of the Engineer The undersigned certifies that the bid prices contained tn this proposal have been carefully checked and are submatted as correct and final Unit and lump sum prices as shown for each item listed in this proposal, shall control over extenslolls SENECA CONTRACTING CORPORATION CONTRACTOR ~' - PRESIDENT P O BOX 1470 2513 EAST MCKINNEY Street Address DENTON, TX 76202-1470 City and State Seal & Author~zauon (IfaCorporat~on) (940) 565-1147 FAX (940) 382-0950 Telephone B-1 ,~,,ordlo Sidewalk Work Days 15 B~d No .2560 BID TABULATION SHEET P O No Umt ~ee In Words Umt ~nce In Words .B {RCmqve Concr,t¢ ~ws & Walks Umt Price In Words ' / LS 31 ~Prep~ratton of Ra,ht of Way Umt Pnee In Words 9 Sod Umt Pnc~ In Words 12 ~ Eroamn ConSol ~/LS Umt Price ~ Words oO , Umt Price In Words 3A-2 Concrete SMewalk w~th Steel F~ber 41 l $ ~ ~ ~ / SY Umt Price In Words Umt Price In Words 3A-4 Concrete gamp Treatment 5 $ ~ ~ / SY Umt Price In Words SP-2 Concr~ ,Cut 50 Umt Price In Words Umt Price ~ Words 8/7100 P 3 ,-,,, ,ar~llo S~dewalk Work Days 15 B~d No 2560 BID TABULATION SHEET P O No Item Description Total /0 ~ 8~00 P4 Cllent~ 36395 SENEC ACORDM CERTIFICATE OF LIABILITY INSURANCE DA,S,M O Y) o9/18/oo THIS CERTIFICATE IS ISSUED AS A MA~ lEA OF INFORMATION Hlc3glnbotham & Assoc , Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW ~DBA Denton Insurance Center ~P O Drawer C Dent on, TX 76202 INSURERS AFFORDING COVERAGE TNS-~ED INSURERA BITUMINOUS INSU~R~i~_CE CO Seneca Contracting Corporation INSURERB P O Box 1470 INSURERC Denton, TX 76202 INSURER D INSURER E COVERAGES LOW HAVE BEEN ISSUED TO THE iNSURED NAMED ABOVE FOR THE POL CY PERIOD iNDtCATED NOTWITHSTANDING ITHE POL CIES OF INSURANCE LISTED BE TH RESPECT TO WHICH TH S CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUME~ W~CT TO ALL THE TERMS EXCLUStONS AND CONDITIONS OF SUCH AY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS UBJ pMoAL[cIES AGGREGATE L~MITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ~FECTIV~,POL~C¥ EXPIRATION -- ----- -- ~LTR/ ...... 7/01/00107/01/01 EACH OCCURRENCE $1~ 00001000 A GENERALLIABILITY .LP3062U13t~ u / / / [ i~] [~ PERSONAL&ADVINJURY sl, 000~ 000 I 0 0 0 ' ~-~ RRODUCT$ COMR~OPAGG $2~0~ 000 GEN L AGGREGATE LIMIT APPLIES PER AUTOMOBILE LIABILITY CAP3 089181B 07/01/00 07/01/01 COMBINED SINGLE LIMIT $1, 000 000 (Ma accident) ' ANY AUTO BODILY INJURY $ ALL OWNED AUTOS Per person) SCHEDULED AUTOS BODILY INJURY HIRED AUTOS Per accident) $ NON OWNED AUTOS $ PROPER3%' DAMAGE Per accident) AUTO ONLY EA ACCIDENT GARAGE LIABILITY OTHER THAN EA ACC ANY AUTO AUTO ONLY AGG ~XCESSL,^S,UW '2527034B 07/01/00 07/01/01 =_AC~H.OCCURRENCE $1,000,000 OCCUR ~ ~ CLAIMS MADE AGGREGATE $_1 ~ 0_ 0 0, 0 0 0 RETENTION $ WC STATU OTH WORKERS COMPENSA310N AND WC3088662 07/01/00 07/01/01 [IQ~Y LIMITS~ A EMPLOYERS LIABILITY E L EACH ACCIDENT I I EL O,SEASEEAEMPLOYEEI' 500 000 POL,OYL, IT 5 0 0, ¥0 I [ OTHER ~DESCRIPTION OF Op ERATION~/LCCATt ONSiV EHIC LES/EXC LU SION S ADDED BY EN DOR~.;,~ ~.NTIS P ECIAL PROVISION8 IREBid 2560 Amarillo Street S~dewalk iCancellat;on Clause ls amended to Read Policies shall not be Cancelled, [Nonrenewed Or Materlally Changed without 30 Days Advanced Written Not~ce /Being Gzven To The City of Denton, Texas Except When The Policy Is Being L(See Attached Descriptions)  DI'~0NAL INSURED IN~U-'~ER ~ETFER CANCELLATION SHOULD ANYOFTHE ABOVE D ESCRISED POLICIES BE CANCELLED BEFORE ?HE EXI31RATION City of Denton, Texas DATE THEREOF THEISSU[NG INSURER WILL ENDEAVOR TOMAIL~0 DAYSWRITTEN )01-B Texas Street NOTICETOTHECERTIFICATEHOLDERNAMEDTOTRELEFTBUTFNLURETODOSOSHALL Denton, TX 76201 iM POSE NO OBLIGATION OR LtABILITY OF ANY KIND UPON TH E INSURER ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRE ENTAIl ACORD25-S(7197)l of 3 #S50076/M48187 MYA ® ACORDCORPORATIONlC~ IMPORTANT If the certificate holder ~s an ADDITIONAL INSURED, the pol~cy0es)must be endorsed A statement on th~s certificate does not confer rights to the cerhflcate holder ~n heu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and condlbons of the policy, certain pohc~es may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of auch endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse s~de of th~s form does not constitute a contract between the ~ssuing ~nsurer(s), authorized representative or producer and the cerhflcate holder, nor does ~t affirmatively or negabvely amend, extend or alter the coverage afforded by the policies I~sted thereon ACORD25S(7;97)2 of 3 #S50076/M48187 DESCRIPTIONS (Continued from Page 1) Cancelled For Nonpayment of Premium In Which Case 10 Days Advance Written Notice Is Required All Pollcmes Except the Worker's Compensation are amended to ~nclude the City of Denton, its Officials, Agents, Employees and Volunteers as Additional Insured Insurance is primary to any other mnsurance available to the City of Denton w~th respect to clamms covered under the policy and that thms insurance applies separately to each mnsured against whom claim is made or su~t ~s brought The lnclusmon of more than one insured shall not operate to increase the mnsurer's llmmt of liability The Workers' Compensation Policy included a Wamver of Subrogation mn favor of the Cmty of Denton, its officials, agents, employees and volunteers AMS253(07;97) 3 of 3 #S50076/M48187