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Home My WebLink About1998-217ORDINANCE NO VO -A 1 17 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR THE KERLEY STREET WATERLINE IN THE AMOUNT $826,041 00, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID # 2233 — KERLEY STREET WATERLINE AWARDED TO BOWLES CONSTRUCTION IN THE AMOUNT OF $826,041 000) WHEREAS, the City has solicited, received and tabulated competitive 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 heremidescribed bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID h=BR CONTRACTOR AMOUNT 2233 BOWLES CONSTRUCTION $826,041.00 SECTION II That thei acceptance and approval of the above competitive bids 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 II That theyI City Manager is hereby authorized to execute all necessary written contracts or the performance ofithe construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive 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 specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordmance shall become effective immediately upon its passage and approval f� PASSED AND APPROVED this the day of ,1998 11 r"LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY ,r:►� .�woo i APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY � i 2233 KERLEY CONTRACT ORDINANCE 1111I 2 7 1998 CITY OF DENTON LEGAL DEPT \ _ ) ± k \z §8 \ § k \ § k §LU �z k § §� § L§ § 0 2 . _ � o§ § kk . g k § z § § CO " § 2 j , § ! CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 4 day of AUGUST A.D., 1998, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed "OWNER," and BOWLES CONSTRUCTION 1634 EASTSIDE DRIVE WICHITA FALLS, TX 76302 of the City of WICHITA FALLS County of WICHITA and State of TEXAS, hereinafter termed "CONTRACTOR " WITNESSETH That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below BID # 22�3 — KERLEY STREET WATERLINE in the amount of $826,041.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement, and at his (or their) own proper cost and expense to furnish all 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 in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in CA-1 accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by DEPARTMENT all of which are 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 Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such 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 lie in the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written ATT e 1��.._. . psurA lAiplKaltl'), i tso-I APPROVED AS TO FORM i��YLL�'4Lyl a `-"Z CITY ATTORNEY CA-3 CITY OF DENTON OWNER BY�� Bowles Construction Company CONTRACTOR 1634 Eastside Drive Wichita Falls, TX 76303 PO Box 1764 Wichita Falls, TX 76307 MAILING ADDRESS (940)766-3518 PHONE NUMBER (940)766-3564 FAX NUMBER BY ' TITLE R E Bowles, President PRINTED NAME (SEAL) PERFORMANCE BOND STATE OF TEXAS § BoND No 1366406 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That BOWLES CONSTRUCTION, whose address is 1634 EASTSIDE DRIVE, WICIUWAL&L-Rims je e� called Principal, and FAR WEST INSURANCE COMPANY , a corporation organtze `an existing under the laws of the State of NEPIZASxA , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of EIGHT HUNDRED TWENTY SIX THOUSAND FORTY ONE and no/100 DOLLARS ($ 826,041.00) 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 Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 98-217, with the City of Denton, the Owner, dated the 4 day of AUGUST A D 1998, a copy of which is hereto attached and made a part hereof, for BID # 2233- KERLEY STREET WATERLINE. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements 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 life 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 modifications 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 in making good any default or deficiency, then this obligation shall be void, otherwise, it shall remain in full force and effect IQ-3W 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 sttpulates 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 addition 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 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 4 day of AUGUST 1998. ATTEST, BY "ellt zz)jz� SECRETARY latIR1619F.10 BOWLES CONSTRUCTION COMPLJa, INC. BY 4, PRESIDENT ATTEST SURETY,:AAR w,&sT WSURANCE COMPANY CLEFT F. LESCH, ATTORNEY -IN -FACT BY .Q AMWEST S INS 11AN COMPANY BY By. l on —1�� ATORNEY-IN-FACT () CLEM F LESCH The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME PCL CONTRACT BONDING AGENCY 972-221-9448 STREET ADDRESS 206 ELM STREET, #105, LEWISVILLE, TEXAS 75057 (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person's name ) 'e PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § BOND NO. 1366406 KNOW ALL MEN BY THESE PRESENTS That BOWLES CONSTRUCTION, whose address is 1634 EASTSIDE DRIVE, WICHIT FAMWEALLS TX,Z�? �grpi 1j�k, called Principal, and FAR WEST INSURANCE COMPANY h ``t� a``fiiz a�'n`�` existing under the laws of the State of NEBRASKA and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, funs, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of EIGHT HUNDRED TWENTY SIX THOUSAND AND FORTY ONE and no/100 DOLLARS ($ 826,041.00) 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 Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 98-217, with the City of Denton, the Owner, dated the 4 day of AUGUST A.D. 1998, a copy of which is hereto attached and made a part hereof, for BID # 2233 - KERLEY STREET WATERLINE. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void, otherwise it shall remain in full force and effect PROVIDED FURTHER, that if 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 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 addition 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 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 4 day of AUGUST, 1998. ATTEST: SECRETARY ATTEST: BY By: PRINCIPAL BOWIES CONSTRUCTIION �COMPANY, INC BY PRESIDENT SURE FAR ST NSURANCE COMPANY ®�_ ' CL& F. LESCH, ATTORNEY -IN -FACT AMWESTI�COMPANY B� ATN FACT CLEM F. LESCH The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME PCL CONTRACP BONDING AGENCY 972-221-9448 STREET ADDRESS 206 EIM STREET #105 LEWISVILLE, TEXAS 75057 (NOTE Date of Payment Bond must be date of Contract !f Resident Agent is not a corporation, give a person's name ) 2233 BONDS & CONTRACTS l271=1I IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 FAX #(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. LIMITED POWER OF ATTORNEY Amwest Surety Insurance Company Expiration Date 06/15/00 POWERNUMBER 0000903014 This document is printed on white paper containing the artificial watermarked logo( N ) of Amwest Surety Insurance Company on the front and brown security paper on the back Only unaltered oniptuds of the Limited Power of Attorney ("PDA') are valid This PDA may not he used in conjunction with any other POA No representations or warranties regarding this POA may be made by any person This PDA is governed by the laws of the State of Nebraska and is only valid until the expiration date Amwest Surety Insurance Company and Far West Insurance Company (collectively the Company ) shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company Any party concemed about the validity of this PDA or an accompanying Company bond should call your local Amwest branch office at (972) 503 6925 KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company a Nebraska corporation (collectively the Company ), do hereby make, constitute and appoint Pauline Leach Clem F Leach Gary Marais Steven J Zinecker As Employees of PCL CONTRACT BONDING AGENCY its true and lawful Attorney in -fact, with limited power and authority for and on behalf of the Company as surety to execute deliver and affix the seal of the company thereto if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof as follows All Bonds up to $10,000,000 00 and to bind the company thereby This appointment is made under and by authority of the By Laws of the Company which are now in full force and effect I the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company a Nebraska corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of both AmwLat Surety Insurance Company and Far West Insurance Company set forth on this Power of Attorney and that the relevant provisions of the /By Laws of each company are now full force and effect B C`�!i�p(/t.�►t� N L Bond No 1366406 Signed&sealed this 4thdayof August 1998 Karen G Cohen, Secretary + * + * rt * * * + * + + rt * * * * RESOLUTIONS OF THE BOARD OF DIRECTORS • * * ` ` * ` ` ` * + + + * * * * * * * a * * * * * * This PDA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15, 1975 and Far West Insurance Company at a meeting duly held on July 28, 1983 RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary may appoint attorneys in fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company to execute and deliver and affix the seal of the Company to bonds undertakings, recognizances, and suretyship obligations of all kinds and said officers may repave any such attorney in fact or agent and revoke any POA previously granted to such person RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company (1) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary or (u) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney in fact or agent, or (ui) when duly executed and sealed (if a seal be required) by one or more attorneys in fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any PDA or certification thereof authorizing the execution and delivery of any bond, undertaking recognizance or other suretyship obligations of the Company and such signature and seal when so used shall have the same force and effect as though manually affixed IN WITNESS WHEREOF, Amwest Surety Insurance Company and Far West Insurance Company have caused these present to be signed by its proper officers and its corporate seals to be hereunto affixed this 12th da December 19 " �� **�� John E Savage Presidefit Karen G Cohen Secretary State of California County of Los Angeles On December 12, 1997 before me, Peggy B Lofton Notary Public, personally appeared John E Savage and Karen G Cohen personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(tes), and that by his/her/then signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument WITNESS my and official seal pMr&LOFM CarlmlMoni1061D!{ e't %NSUp m,, + 9URAM y� -+n�^-��u��iOtOly P{b�10�C01bR�0 4i pPFOff :tea- rci'gc Signature liTAa. ,uT6 (Seal) Los ArvelMCaeft zero ^gym of/=° �m�Ct MPComm EXMMAtp6.1999 v!'S nEG14 nW OEC 14 o O ir ��^ rNJ�`yPgR pSlT;b� .�ybyFBR pS't"°; da 1 EL 818 871-2000 5230 Las Vlrgenes Road Calabasas, CA 91302 1 Direek Writing Company IA. Data Direct Writing Company Executes This Agreement August 4, 1998 FAR WEST INSURANCE COMPANY 5230 LAS VIROENES ROAD 1B smtaoftncorporauon CALABASAS, CA 91302 NEBRASKA 2 Reinsuring Company 2A Amount of This Reinsuranoe $176,041.00 AMWEST SURE? INSURANCE COMPANY 211 Dam Reinsurance Company ExecumsThis Agrwment 5230 LAS VIRIENES ROAD August 4, 1998 CALABASAS, CA 91302 20 State of incorporation NEBRASKA 3A Description of Bo , Purpose, eteJ 313 Penal sum of Bond Including Obliges $826, 041 .00 � CITY OF DENTON 3C Date of Bond BID #2233—KERLEY STREET August 4, 1998 WATERLINE PERFORMANCE AND PAYMENT BONDS 3D Bond Number 1366406 3G Description of 01:Igee 3E Principal OWNER IS CITY BOWLES CONSTRUCTION COMPANY, INC. CITY OF DENTON 3F state of incorporation (if Corporate Prfnefpaq TEXAS AGREEMENT (a) The Direct Writing Company namsd above is bound es a surety to the abov"amed obligee, on the bond described above, wherein the above - named Is the principal, The bond Is given for the protection of the obligee and the Direct Writing Company has applied to the above Reinsuring Company to be reinsured and counter -secured In the amount shown opp^sits the name of the Reinsuring Company (referred to as the 'Amount of this Relnsurancel, or for whatever amount leu than the *Amount of this Reinsurance' the Direct Writing Company Is liable to pay under or by virtue of the bond Agresma s mm mutually ut t aria reed upon, p to tl�paid emu e d DirecorIct Writing this parry to the Reinsuring Company which acknowledges Its receipt, the pantos m this coven TERMS AND CONOITIONSThe purpose nd lntsftt Of this wmknt 'a to guarantee and _ the Reinsurence, oare or fo any less sum than the `Amount of this Relnsuranoe� l that is owing and igea against unpaid by the Direct Writing Company to the obl�ipeont Of this THEREFORE (1) if the Direct Writing Company falls to pay any default under the bond equal to or in excess of the'Amount of this Reinsurance,` the Reinsuring Company covenants end agrees to pay to the obilgee the `Amount of this Reinsurance " If the Direct Writing Company falls to pay to the obllgee any default for a sum less than the 'Amount of this Relnsurance,' the Reinsuring Company covenants and gore" to pay to the obliges the full amount of the default, or so much thereof that is not paid to the obliges by the Direct Writing Company (2) The Reinsuring Company further covenants and agrees that In case of default on the bond for the 'Amount of this Rainsuranos; or more, the obligee may sua the Reinsuring Company for the 'Amount of this Reinsurance' or for the full amount of the default when the default Is leas than the "Amount of this Reinsurance' WITNESS The Direct Writing Company and the Rinsuring Company, nispectivsly, have Caused this Agreament to be signed and impressed with their re a corporate seals by officers possessing power to %ion this Instrument, and to ba duly attsated to by otNcem empowered thereto, on the day and data above written opposite their respective names s Clreat Wrldna Company FAR WEST INSURANCE COMPANY 4A (1) Signature (2)Attast. Signature Corporate seer Q (1) Nwe and Title (rypao9 (2) Name and a (rypao9 CLEM F. LESCH BEVERLY WEBB ATTORNEY -IN -FACT SECRETARY S Relnauring Company AMWEST SURETY INSURANCE COMPANY SA (1) Signature (2►Attest: Signature z::2L U Corporate Seat 88 (1) me and Title eo9 (2) Name and Title tlypod) CLEM F. LESCH BEVERLY WEBB ATTORNEY -IN -FACT SECRETARY TOTAL BID PRICE IN WORDS In the event of the award of a contract to the undersigned, the undersigned will furnish 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 to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump -sum prices as shown for each item listed in this proposal, shall control over extensions. / --=_� R ;, Pres , . , <A. Street Address J14hild Fail;; TX -71,R02 - City and State Seal & Authorization (if a Corporation) l4�aj7/��-s5/s Telephone B - 1 Kerley 20" Waterline BID TABULATION SHEET Work Days_70 Bid No 2233 PO No Item Description Quantity Unit I Unit Price I Total 121 Contractors Warranties and Understandings LS I $ Q /LS $� t35 Unit Price In Words 2 12-A 6" Water Line 449 LF 1 $ 31 00 /LF $ Umt Price In Words 2 12-B 20" Water Line 8230 LF 1 $ -75 00 /LF $ +� Umt Pnce In Words 2 12-C 12" Sanitary Sewer 1 12 1 LF $ 170, 00/LF I $ Umt Price In Words 2 128 Ductile Iron Fittings 1 5460 1 LB $ Umt Price In Words 2;129-A28" Gau e7 Steel Casin 67 LF $ 5-D OD /LFUmt Pnce In Words 228" Gau a 7/0 Steel Umt Price In Words 213 1-A 20" Tapping Sleeve and Valve 1 EA 1 $ 00, OD/EA $ �? c>✓o.o� Unit Pnce In Words 2 13 1-13 20" Gate Valve 3 EA $ iv± 0Q00/EA $ Unit Price In Words 214 Fire Hydrant Assembly 1 3 1 EA $ I W OD /EA $ Umt Price In Words 2 16-A 1" Water Service (Public) 2 EA $ i 1S0 OD /EA $�Ca Umt Pnce In Words 2 16-B 2" Water Service Public I EA 1 $ /EA 1 $-vn�, CG Unit Price In Words 2 16-C Water Service Pnvate) 18 LF 1 $ P7 DD /LF 1 $ 30,Q Unit Price In Words P3 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted • Each policy shall be issued by a company authorized to do business in the State of Texas with an A M Best Company rating of at least A • Any deductibles or self -insured retentions shall be declared in the bid proposal If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses AAA00350 REVISED 10112/94 CI-1 Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related Investigations, claim administration and defense expenses • Liability policies shall be endorsed to provide the following: •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. • • That such Insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each Insured against whom claim is made or suit is brought. The inclusion of more than one Insured shall not operate to Increase the Insurer's limit of liability • All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non -renewal or reduction in coverage • Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form cf coverage that Includes a general annual aggregate limit providing for claims Investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance • Should any required Insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. AAA00360 REVISED 10/12/94 Cl - 2 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted 1XI A General Liability Insurance - General Liability insurance with combined single limits of not less than 1,000.000 shall be provided and maintained by the contractor The policy shall be written on an occurrence basis either In a single policy or in a combination of underlying and umbrella or excess policies If the Commercial General Liability form (ISO Form CG 0001 current edition) is used • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage • Coverage B shall include personal injury • Coverage C, medical payments, is not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability [XI Automobile Liability Insurance. Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSU of not less than 1,000,000 either in a single policy or in a combination of basic and umbrella or excess policies The policy will include bodily injury and property damage liability arising out of the AAA00350 REVISED 10/12/94 CI-3 Insurance Requirements Page 4 operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract Satisfaction of the above requirement shall be in the form of a policy endorsement for any auto, or all owned, hired and non -owned autos [X1 Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) [ 1 Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate [ 1 Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building Limits of not less than each occurrence are required AAA00350 REVISED 10/12/94 Cl - 4 Insurance Requirements Page 5 [ I Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement [ I Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear [ I Additional Insurance Other insurance may be required 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 the contract specifications AAA00350 REVISED 10/12/94 CI-5 Insurance Requirements Page 6 ATTACHMENTI [X) Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A Definitions Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" in §406 096) - mcludes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets B The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 01 1(44) for all employees of the contractor providing services on the project, for the duration of the project C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract D If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended AAA00350 REVISED 10/12/94 CI-6 Insurance Requirements Page 7 E The contractor shall obtain from each person providing services on a project, and provide to the governmental entity (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project, and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter G The contractor shall notify the governmental entity in writing by certified mad 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 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 01 1(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 AAA00350 REVISED 10/12/94 CI-7 Kerley 20" Waterline BID TABULATION SHEET Work Days 70 Bid No 2233 PO No Item Description Quantity I Unit I Unit Price Total 3-B Remove Concrete Curb & Gutter 1 65 1 LF $ S, DD /LF $ 3m? . DD Umt Price In Words 3-C Remove Concrete Drives & Walks 1 71 1 SY Is ,0, 00 /SY $ —t 10 , 0c> Umt Price In Words 3 1 lPreparation of Right of Way LS $ 50D, DD /LS Is 5D0 a0 Umt Price In Words 39 Sod 15 SY $ /17, 0 L-) /SY I $ 15D DD Umt Price In Words 3 107 H dromulch 1 4750 1 SY Is (,5 /SY $ 9 50 Umt Price In Words 3 12 ITemporary Erosion Control I I LS 1 $ sip 00 /LS 1 $ 5Loz>D Unit Price In Words 5-A 2-inch Air Release Valve 1 3 1 EA $ 1 o-20D, 00/EA $ 3loDD, DO Unit Price In Words fi4 28" Boring 1 467 1 LF $ 135.D0 /LF $ &3vk5 Umt Price In Words 745 Class A Concrete Encasement 1 15 1 SY Is $D 00 /SY 1 $ /aOD 00 Unit Price In Words 7 6-A Install Concrete Manhole 4' I D 1 I EA Is °?i 00A90/EA $ l000 00 Unit Price In Words 7 6-B Install Concrete Drop Manhole 4' 1 D i I EA $ c2, SOD 00 /BA $, 300 00 Unit Price In Words 81 Bamcades, Warning Signs and Detours LS $ SOQD,00 /LS $ 500D OD Unit Price In Words 8 2-A Install Concrete Curb & Gutter 507 LF $ I i 00 /LF $ 55-77 00 Unit Price In Words P4 Insurance Requirements Page 8 certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person with whom it contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project, and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services J By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self -Insurance Regulation Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entities 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 AAA00350 REVISED 10/12/94 L M Kerley 20" Waterline BID TABULATION SHEET Work Days 70 Bid No 2233 PO No Item Description I Quantity I Unit I Unit Pnce I Total 8 3-A Concrete Driveway 6" 1 56 1 SY Is 3500 /SY $ 191"O D Umt Price In Words ^ 8 3-B 4" Concrete Sidewalk 1 13 1 SY $ 30, DO /SY $ 390, 00 Unit Price In Words 8 3-C Bamer Free Access Rainp 1 EA $ 1 OD DO /EA $ /OD, pp Umt Price In Words SP-2 Concrete Saw Cut 1 218 1 LF $ ;�50 /LF $ Tq!f ,00 Unit Price In Words SP-4 Waterline Lowering 1 I EA $ 7S01 too/EA $ 7-60 OD Umt Price In Words SP-10 Rock Excavation 50 CY 1 $ 35 Do /CY $ 1750 00 Umt Price In Words SP-37 Excavation Protection 82 5 LF $ 50 /LF 1 $ N13,750 Umt Price In Words SP-39 Pro ect Signs 1 2 1 EA $ 00 /EA $ /000,00 Umt Price In Words SP-40-A TCut and Plug Existing S tary Sewer 2 1 EA $ /EA $ /DOD DD Umt Price In Words SP-40-B Cut and Plug Exis ting Water Main 2 1 EA $ 50D 00 /EA $ /000 DO Umt Price In Words SP-43 As halt Saw Cut 1 6708 1 LF $ /, o? /LF $ $3$5, 00 Umt Price In Words Is $ Umt Price In Words Is $ Unit Price In Words TOTAL P5 Bedford, TX 76095 COMPANY Bowles construction Co, Inc. COMPANY PO BOX 1764 BNatzonal Standard Ins. Company Wichita Falls, TX 76307 COMPANY CNan of N Northern Insurance Co X COMPANY THE; a To '$n .3 iJfi.u,<mir" c�.:i+.:::wr,rs.�.,=�„^" i:: -'� • - .. , w ...w .. C 1'T' i THAT THE POLMIS OF aKUPMCa °"" '' '-, : .7-: ;w. .'. ic;,sr""':.-"'.:. `:77-7 W3,..:.;^,.<...7 CERTJ14010'TH0. NMTWRHOTANDINQ ANY REQUIREMENT U D BEIOW HAVE Beai WBUEb TO THE W8URM NAMNDABOVEFORTMEPOLICYPE7DOD EXCLU 0g7E MAY TPAAI OR OONDmON OP ANY OWTRACT OR 07HIM DOCUMENT WrrH MXFOCT To VMIDH THIS IMONS OR MAY PERTA'N TH6 S=PANCE APFOROND BY THE POUC73 DEBCRWD HEAEW Bt 6U&IECT TO ALLTHE TEAMS EXCLuegNB AND CO R'lDN8 OP 8 OH POUCIFA i1MlT8 SHOYVN MAY HAVE B$N REDUCED BYPAp CL,ADAB, LTONI TYPE DP tNSuMNOE POLIOTHUMBNR ID CYUM IN DOTBP <DD 1 OMITS A GENGRALugalurY II EPA32013899 � MMERCULL DEWMAL I I.Re e j 11/01/97 I11/Ol/98 QSNBMLAOORQOA7! I19 . nnn Mn I AUTOWNILE LIASIUTN ' X I ANYAUTO ALL OWNED AUTOS GOMEDULED AUTO$ HRSQ AUTO* X,I NON OWNED AuToo ANYAUTO ., ....+..Www I USA6$070268 - 11/O1 97111/01/9 UMRRgLLA PORM SINGLE LIMIT IS1., 000, 000 I; i07Yltlm4� If I[MP iYjF 641'UTT'I�^^^� +�-ooO�iv�d1`J Ill/01/97 11/01 98 I 61TATVTOAYL1MtT0 THEPAMMILTORI INOL ACCI NT io« 00 00 PAR TNeRera>eDUTIYe XI Du Blkt W S 30 DI r TT 1,000,00 )CFPI RSA ]:: I OTHER II al 1 000 00 I DBSORURTON OPOPBRATTON LOOATLDNBNBNIDLEWwWjALT18MS Certificate H lder, its Officials, Agents, included as Witional Insures on aprimaryEmployees and volunteers are (See AttachediSchedule.) and non contributory basis on ,„.c ..z:�..;z'�,;�.�,a.��z�t.��A..��A1�GEE,Cir`rts�w•:w,�-� _::s-.�",�°,., s awn :-.,A>... w.. Cityoti " SHOULD ANYOFTNEABOVBDBOORIBBD POUOIBSBEDANODLLPD gffMR6THE 221 Bevery BLPIRAnDN DAYETHRPMW-l"aEIWUIN000MPANYWILLENOBAVORTOMML everly 3.0_ DAYBWRRTBR NOTTDE TOTHE CRIU (OATS HOLDeR NAMED TO THE LBPT, 221 N Elm SOTFAILURB To MAILNCOH MUM SHALLIMPOSS NO OBLIGATION OR UABILTTY Denton, TX 79201 OF AILY KINDD THE PART, n AQRNTS OR A ALfi7 0A"wOREg188ENTATpiB ,�,�.,,��yyp��y�t �t,..yL,y.,.�,.�. (JAv� L/.27 lDi7iD1i.•4OPO NINF��°'�eC+TS'.I' �aiL�a UB"`",-s'iiMx4^ . nc cer an xx �� W&-zVLT"'3r—$uJ = g tivri 3s-sn'aluded-in favor of Certificate on Workers Compensation policy