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