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HomeMy WebLinkAbout1995-188ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. 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 herein described 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 NUMBER CONTRACTOR AMOUNT 1785 SOUTHWEST INDUSTRIAL CONSTRUCTORS $125,485 1798 DAVIS & HAWKINS, INC. $ 48,725 1799 JAGOE PUBLIC $542,209 1799 DICKERSON CONSTRUCTION $436,002 SECTION II. That the 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 III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with 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 ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /7r� Gday of ,1995. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 06'10'� APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: i�i'L1G/i x 'Zt 5--Z DATE: SEPTEMBER 19, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1785-ADDITION TO MUNICIPAL GENERATING STATION RECOMMENDATION: We recommend this bid be awarded to Southwest Industrial Constructors, the only bidder for the majority of the project, in the total amount of $125,485.00. SUMMARY: This bid is for all labor and materials necessary in the construction of an expansion of the technician shop, turbine generator parts storage area, crew training room and engineering staff work area. These areas have been outgrown by the Electric Production Department. Construction will total 3,340 sq. ft. at a cost of $37.50 per sq. ft. Three bid proposals were received in response to sixteen notices mailed to vendors. BACKGROUND: Tabulation Sheet, Jim Thune's memorandum dated September 6, 1995, Public Utility Board Minutes recommending approval. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Production, Electric Utility Department, Electric Utility Customers of the City of Denton. FISCAL IMPACT: Funds for this project will come from 1995 budgeted accounts: 610-101-1011-3110-9201 and 610-101-1011-3140-9205. Re ctffulllly submitted: "4W U W oyd V . Harrell City Manager Prepared by: Name: Denise Harpoo Title: Senior Buyer Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 634.AGENDA q W Q U 0 c Z mU I 0 I I I I Z W > I L I I I I H W O 0 0 0 O O O =ZZ 04 M M O 0 LO LU ' 0 O U o� C7 I I 0 0 I I I N QWW I I coo co I I I } p=W Lu I I T I I I U 40 z Z 0 LU Q O� Q g w pap_ O ~ W 0) W Q LU f• Z O W N 02 LL to a o¢N � z3� zN�z~ co �� 92 Q °z� 0> o2 Cop U ON UOV } = N U? J JNS QW� Wp 2 WLUQ= zo Cl) ¢ W 9E U W uj z W p m a a m O r N M 4 L6 6 City of Denton Utilities 1701 A Spencer Road • Denton. Texas '6205 • (817, 383 - -55 - • Fax t a 171 383 - -555 September 12, 1995 Tom Shaw Purchasing Agent City of Denton Subject: City Council consent agenda item: Bid 1785 Addition to municipal generating station Dear Tom: Please prepare a consent agenda item for the attached requisition it 156898. Support documentation is provided as follows: RECONDAENDATION: The electric utility recommends executing a purchase order with Southwest Industrial Constructors Inc. for construction of subject described facilities. The Public Utility Board approved this recommendation during the September 11, 1995 meeting,. SUMMARY: Spencer plant technician , storage and office facility areas provide limited space and no longer serve the needs of the division. Working with Alan Nelson .architects. plans and specifications were developed to upgrade these areas within the limitations of existing floor space. Construction will include building a second level on the turbine floor of tine existing; building thereby doubling usable floor space. Southwest Industrial Constructors Inc. furnished low bid for specified construction. The electric utility recommends executing a purchase order for construction of the specified facilities BACKGROUND This facilities upgrade project for the Spencer station involves the tollowin�s improvements Technician Shop - The existing shop facility has long been to small for the work required Workspace and storage facilities for critical equipment and supplies hay e been insuflicient for the plant's requirements. This construction will increase shop space so that the electrical and instrument technicians will have adequate area to perform repair work on the plant's equipment. Reliability and utilization of critical test equipment will also be rmpro\.ed Turbine Generator parts storage - Repair material and supplies for the turbines and generators ha\,e been maintained in Tom Shaw Page 2 September 12, 1995 makeshift storage areas. Maintaining reliability and integrity of these areas has been difficult due to the lack of permanent structures. This construction will provide permanent facilities to shelve and store critical components. Crew Training room - The existing crew training area is limited and does not provide adequate space for station personnel to gather for group meetings. This construction will provide facilities for group meetings, training and safety sessions. Engineering staff work area - Present staff office space is limited and has required dispersion of personnel. This construction will increase their space, centrally locate staff and allow shared utilization of computers and other engineering resources. Construction will be implemented in two stages. The first stage will provide the technician facilities. The second stage will provide engineering staff space and critical storage facilities. Existing floor space and perimeter walls will be utilized in the new construction. A second level will be incorporated doubling the present utilization of available floor space within the building. Construction will total 3340 sq. ft. at a cost of $37.50 per sq. ft. FISCAL IMPACT: Cost for the project was quoted at $125,485.00 from Southwest Industrial Constructors. Other bids were received for portions of work insufficient to provide a completed project. This item was included in the 1995 budget. Please advise me if additional material or information ,could be helpful in preparation of this matter for Council approval. Thank you, Jim Thune n4er, Electric Production Division cc:Bob Nelson purchase file rq 156898 PUB EXCERPT September 11, 1995 1. CONSIDER APPROVAL OF BID #1785 FOR UPGRADE OF THE SPENCER PLANT TECHNICIAN WORKSHOP, TURBINE GENERATOR PARTS STORAGE, CREW TRAINING ROOM AND PLANT ENGINEERING STAFF WORK AREA Following extensive discussion and summary/background information provided by Jim Thune. Norton made a motion to approve the bid with conditions requiring specifics to the Executive Director for the proposed renovation to meet ADA compliance, if applicable, establish proper emergency exits and evaluate acoustical issues in compliance with OSHA standards. Giese seconded the motion. All ayes, no nays, motion passed unanimously. CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 19 day of SEPTEMBER CITY OF DENTON A.D., 19 95 , by and between of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and SOUTHWEST INDUSTRIAL CONSTRUCTORS INC. 121 EXPOSITION ST. DENTON, TEXAS 76205 of the City of DENTON , County of DENTON 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 # 1785 - ADDITION TO MUNICIPAL GENERATING STATION in the amount of $125,485.00 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 accordance with the plans, which includes all maps, plats, CA - 1 blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON ELECTRIC PRODUCTION 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. ATTEST: -t d ATTEST: CA - 3 CITY OF D 1TON OWNER (SEAL) SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC_ CONTRACTOR 121 EXPOSITION STREET DENTON, TEXAS 76205 MAILING ADDRESS 817-566-1899 PHONE NUMBER 817-383-2066 FAX NUMBER BY TITLE C.E.O. T.E. STANEK, PRINTED NAME (SEAL) 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 AITWNAI REVISED 10/12/94 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 of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. AFFOOBAI REVISED 10/12/94 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: [x] A. General Liability Insurance: General Liability insurance with combined single limits of not less than _ si,000,000shall 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. AFFOOBAI REVISED 10/12/94 Insurance Requirements Page 4 [x] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 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 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. 61 Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an AFFOOBAI REVISED 10/12/94 Insurance Requirements Page 5 "occurrence" basis, and the policy shall be issued by company that carries the contractor's liability insurance at least combined bodily injury and occurrence with a aggregate. [ I Fire Damage Legal Liability Insurance the same insurance Policy limits will be property damage per 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. [ 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. AFF00HAI REVISED 10/12/94 Insurance Requirements Page 6 ATTACHMENT 1 b d Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.01 1(44) for all employees of the contractor providing services on the project, for the duration of the project. AFFOOBAI REVISED 10/12/94 Insurance Requirements Page 7 C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. AFFOOBAI REVISED 10/12/94 Insurance Requirements Page 8 The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and AFFOOBAI REVISED 10/12/94 Insurance Requirements Page 9 (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. AFFWBA1 REVISED 10/12/94 '00j,. , - BID NUMBER 1785 BID PROPOSALS City of Denton, Texas 901•8 Texas St. Purchasing Department Denton, Texas 76201 Page 3 Of 3 ITEM DESCRIPTION QUAN. PRICE AMOUNT NEW OFFICE ADDITION TO THE DENTON MUNICIPAL ELECTRIC GENERATING STATION SECTIONS 34302.00 34302.00 1. STRUCTURAL STEEL AND CONCRETE ........................... 1 $ $ — 21318.00 21318.00 2. HVAC SYSTEM INSTALLATION ................................. 1 $ $ 14050.00 _ 14050.00 3. ELECTRICAL SYSTEM INSTALLATION .......................... 1 $ $ _ 4. DRYWALL, CEILINGS, DOORS, FRAMES HARDWARE, PRE —FINISHED METAL SIDING -------------------------------------------- 1 47014.00 $ 47014.00 $ _ 5. PAINTING------------------------------------------------- 1 $ 4566.0 4566.00 6. CARPETING AND FLOOR COVERING ---------------------------- 1 $4 2 3 5 4�0 This bid will be awarded by section to the low bidder, or as one unit, whichever is to the cities' best advantage. TOTALS 1-6: $125485.0 90** We quote the above f.o.b. delivered to Denton, Texas. Shipment can be made in days from receipt of order. Terms net130 unless otherwise Indicated. **NINETY DAYS TO COMPLETE PROJECT In submitting the above bid, the vendor agrees that acceptance of any or all bid items by the City of Denton, Texas within a reasonable period of time constitues a contract. The completed Bid Proposal must be properly priced, signed and returned. 121 EXPOSITION STREET Melling Address DENTON, TEXAS 76205 8 1 7- 5 0tr 18 9 9 state tip SOUTHWEST INDUSTRIAL CONSTRUCTORS IN( Signature T.E. STANEK, C.E.O. Telephone title W M - HRR of Dallas 5520 LBJ rreewayr Dallas, TX 75240 (214) 385-9922 1...i....101161199 5 ............... THIS CERTIFIOATI 18 ISSUED AS A MATMA OF INFORMATION ONLY AND CONF91`118 NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CIRYIP11CATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 6th Floor I FOUCIED BELOW. ........... I ....... ......................... .............. I-- ....... .. . ...... .................................. .......... .... . . .. ..... COMPANIES AFFORDING COVERAGE ................. ... ... .. ....................... ....... . .. . ... . ......... .. OCWANY LET= A FIDELITY & GUARANTY INS UNDWRS ........ . . . . ...... - I OOMPANY THIS 19 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DEWRIAP0 HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ...... .. . . ....... .... ....... .. ................ ............................... .............................. ........................ ....... ... 4 ............................ .............. ................ ....... . ...... . . .... ... .. .... .. .. ............ CO ! POUOY LVOYM Mia VmA"ON Lam LTR TYPE 00 iNWUNV0 POI NUMBER i DATE (WODn DATE (MMObAY) ................... I ........ I .......... t ...... ............. ........................ ................................. ............................ ........ .......... 11 .................... .. . ........... .. .... ........ k C&NRUL UARIUff r GEN..E.T..A. .L I .A..GU.MOATE ......._t ..........2... 1,.1 0..I .0..1011-,L-011b...t j X i COMMERCIAL RENEAL LASIAY PRODUCTS=MPIOP AOa. ;3 11.PA1PJr.PA ......CLAWtm:XOcrm. 2FvQN&&DVNA.1iF000100.�C .07/01/95 071011961. X OWWER'O & CONTRACTOITS PROT. EACH OOCUPMOE 4 00C ................................ ............. . .. . . ............. .... ............ 10CF-SEE BELOW FIRE OAMAW (My 04 fdo) 141 sorooc t .. ............. ........ .... - ... ....... ................. 5,00C . ..... .. . .................................... ....... MED, EXPENSE VM ww perw0i 6 ................................ ................................ . ...... ....................... . ... . ...... ........ ... .. .. :AUTOMOBILE UAOIL" COPAINED BINOW LINT 11000r000 ANY AUTO ........................................... .......... ALL OW9O AUTOS 1:07/01/95 07/01/96:11MILYINJURY SCHEDULED AMOS t (Per paton) X :HIRED XM I 130CLY "RY 1$ X NON-V� AUTOS (Pat uccicleno ......... .. . . ................. . .......... .. ...... .................. GARAaF UABLrTy PROM OANIAW . .............................. ............ .................. .............................. ... .. ..................... ..... ................ ............ .. ....................... .. .. ... . . SAM OCOIJAWNW �s 2,000• ,OOC B:: ... i'� UMM&Lk FOAM 0 7 0 1 9 ......................... 10/01/95 TE OTHR THAN UMBRELLA FORM ........ ............... I ................................ ............... ................ ................... ................................ .......................... ...... WORIGRI COMM&ATION STATUTORY WMITS p•!i: ................. C Amo I t !j 500,000 0/01/95 07/ 01/ 96LMK1A=1Mff.— ....... ...... I ......... ...... DISFAN - POL10Y LMR6 P.9 CUNILOVEAW LIAZIM . ............................ ................ . ..... — ...... ..... DISEASE - " EMPLO�U 500,000 ........................................... ................................. ................................ ............. ................ 11 .............. .............. ............... C:ZQUIPMENT FLTR 3210710M : 01/ qg! $50 000 RENT 30,500. 0/01/95 07j ',BUILDERS RISK ;PER DISASTER 2,000e000. ..... ...... .................................. ' MMMFDON OF OMM-nONVWOAMNWMiiaf�'UU.IIOIS . ........... -* ..................... ............................................................................................ ......................... RE: Bid #1785. Addition to Municipal Generating Station. o Cf Denton, it's officials, agents* employees and volunteers are to be an additional insured T.4 nh4 14 +--ir n^1+n+aa - IL +- 11-n # as res ects to Auto and General Tniq%r RAW. Ri-ihi-iin7 City of Denton Attnt Purchasing Department 901-B Texas St. Denton TX 76201 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL --U DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LIE", BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR uAawrY OF ANY IaND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. OCT 16 '95 15:34 214 7152179 PAGE.001 PERFORMANCE BOND STATE OF TEXAS § BOND NO 0150051.09 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That SOUTHWEST INDUSTRIAL _CONSTRUCTORS INC. , of the City of DENTON County of DENTON , and State of TEXAS as PRINCIPAL, and AMWEST SURETY INSURANCE COMPANY , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON as OWNER, in the penal sum of ONE HUNDRED TWENTY FIVE THOUSAND FOUR HUNDRED EIGHTY FIVE and no/100 Dollars ($ 125,485.00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 19 day of SEPTEMBER 1995, for the construction of BID # 1785 - ADDITION TO MUNICIPAL, GENERATING STATION which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 3rd day of October 19 95 SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. Principal By Title T.E. STANEK, C.E.O. Address: EXPOSITION ST. DENTON, TX 76205 (SEAL) AMWEST SURETY INSURANCE COMPANY Surety PAULINE L LESCH Title ATTORNEY-N-FACT Address: P. O. BOX 1150 LEWISVILLE, TX 75067 (SEAL) The name and address of the Resident Agent of Surety is: PCL CONTRACT BONDING AGENCY 206 ELM ST., SUITE 105, LEWISVILLE, TEXAS 75057 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D Rev. 07/28/94 PAYMENT BOND BOND NO.: 015005109 STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That SOUTHWEST INDUSTRIAL CONSTRUCTORS of the City of DENTON County of DENTON and the State of TEXAS as principal, and AMWEST SURETY INSURANCE COMPANY ' authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF DENTON , OWNER, in the penal sum of EIGHTY ySDollarsd ('?1125.485.00 ) ONE HUNDRED TWENTY FIVE THOUSAND FOUR HUNDRED for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: - WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 19 day of SEPTEMBER 19 95 . # 1785 - ADDITION TO MUNICIPAL GENERATING STATION to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 3rd day of October 19 95 . SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. Principal Title T.E. STANEK, C.E.O. Address: 121 EXPOSITION ST. DENTON, TX 76205 (SEAL) AMWEST SURETY INSURANCE COMPANY Surety PAULINE L. LESCH Title ATTORNEY -IN -FACT Address: P. O. BOX 1150 LEWISVILLE, TX 75067 (SEAL) The name and address of the Resident Agent of Surety is: PCL CONTRACT BONDING AGENCY 206 ELM ST., SUITE 105, LEWISVILLE, TEXAS 75057 AAA0184D Rev. 07/28/94 PB - 4 MAINTENANCE BOND BOND NO.: 015005109 THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That SOUTHWEST INDUSTRIAL CONSTRUCTORS,INC. as Principal, and AMWEST SURETY INSURANCE COMPANY a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the Sum Of TWELVE THOUSAND FIVE HUNDRED FORTY EIGHT and 50/100 Dollars ($ 1y0 4s_So ), ten (10%) percent of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. has this day entered into a written contract with the said City of Denton to build and construct RID # 178 - ADDITION TO MUNICIPAL GENERATING STATION which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and; WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in MB - 1 accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each days failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. as Contractor and Principal, has caused these presents to be executed by and the said as surety, AMWEST SURETY INSURANCE COMPANY has caused these presents to be Attorney -in -Fact PAULINE L. LESCH executed by its and the said Attorney -in -Fact has hereunto set his hand this 3rd day of _ October SURETY: , 19 95 AMWEST SURETY INSURANCE COMPANY BY y1 Zu& PAULINE L. LESCH Attorney -in -Fact AAA0184D Rev. 07/28/94 PRINCIPAL: SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. T.E. STANEK, C.E.O. MB - 2 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. 0. 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. EXPIRATION DATE 5-18-96 Pow�t mmm 0000476946 READ CAREFULLY This document is printed on white paper containing the artificial watermarked logo ( A ) of Amwest Surety Insurance Company (the "Company') on the fiont and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of California and is only valid until the expiration date. KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a California corporation (the "Company'), does hereby make, constitute and appoint: PAULINE L. LESCH CLEM F. LESCH GARY MATULA AS EMPLOYEES OF PCL CONTRACT BONDING AGENCY its true and lawful Attomoy-in-fact, with limited power and authority for and on behalf of the Co sure execu nd affix the seal of the company (hereto if a seal is required on bonds, undertakings, recognizancea, reinsurance agreement to undertakings, a Mil Act other nd or other written obligation in the nature thereof as follow: Hid Bonds to $*',000,00 Contract (performance &Payinyment), Covet, Subdivision S"1,000,000.00 License & Permit Bonds up to $"'''50,000.00 Miscellaneous Bonds up to $"*"25,000.00 Small Business Administration Guaranteed Bonds up to S*'250,000.00, and to bind the company thereby. This appointment is made under and by L the undersigned secretary of Amwest Surety Insurance Company, a force and effect and has not been revoked and furthermore, that the provisions of the By -Laws of the Company, are now in full f Bond No.015005109 Signed & scaled this '{-3rrl ♦ ilt Is * Is ♦ rlt f Is rR t`lt419b: S UThis POA is signed and sealed by facsimile undty {� a Company at a meeting duly held on Decem 15, 4 RESOLVED, that the President or ice Presidd authority as defined or limited in the ' 'den the of the Company to bonds, and revoke any POA previously gran person RESOLVED FURTEM bond, g, tea (i) when signed by the t or any ant an (ii) when signed by the Presi ant or ice ident authorized attomay-in-fact m (iii) when duly executed and �I be �� e By-k�koftTMfDrth �tAtr Corn "TffY hick are now in full force and effect. n tiBY that this Power of Attorney remain in full of the $yaon this Power of Attomeyand that the relevant of ��X7 ,( � Karen G. Cohen, Secretary f T �F DIRECTORS +M Board ♦ +c t1E !t t► it Insurance ilt 2of folio lotion adopted by the Hoard of Directors of Amwest Surety buuranca tetion lZecretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with Union t in ch case, for and on behalf of the Company, to execute and deliver and affix the seal r ob n of all kinds; and said officers may remove any such atlomey-in-fact or agent and or suretyship obligation shall be valid and bind upon the Company: land sealed (if a seal be requited) by any Secretary or Assistant Secretary; or tary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the power of attom the Compan each person or person. RESOLVED FURTHER, �ture of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution an delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company, and such signature and seal when so used shall have the as= force and effect as though manually affixed. IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this lot day of January, 1993. O�� -VQ/ i,.�. / i �tt.� — John E. Savage, dent Karen G. Cohen, Secretary State of California County of Los Angeles On January 1, 1993 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 intnunant and acknowledged to me all that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signtme(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument officl seal.` �N 7,gnbm ayt Ptldik-Ct76ELPOAcF [0::PEGGY AFp J1NG0.ES COUNTY (Seep My CwnmWm ~ 2� MAY / : C z e . Lofton, Notary Pu 7g�6 'lFOa��P DATE: SEPTEMBER 19, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1798 - METAL BUILDING RECOMMENDATION: We recommend Item #1 be awarded to the low bidder, Davis & Hawkins, Inc. , in the amount of $48, 725.00. SUMMARY: This bid is for all materials and labor necessary in assembly of a 50' x 100' x 12' metal building to be located at the pole yard on Spencer Road. This building will be utilized by the Substation Department as an office and shop area and by the Electric Distribution Department as a training and storage area. Item #2, Storage Building for Landfill, will not be awarded. Submitted bid prices were higher than the amount budgeted. Four bids were received in response to seven Invitations to Bid mailed to vendors. BACKGROUND: Tabulation Sheet, Memorandum from Ray Wells PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Substations Department, Electric Distribution Department, Electric Utilities, Electric customers of the City of Denton. FISCAL IMPACT: Budgeted Funds for 1995 Electric Substations Distributing Account # 610-132-1032-3900-9101 and #610-103-1031-3900-9101. ectfu ly s itte Lloyd V . Harrell City Manager Prepared by: Name: Denise Harpool Title: Senior Buyer >! f f► u'� Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 638.AGENDA �� o 0 Qw m0 It M m Q O O O O IV) LL co N cc M r 0 � Q 69 dNLo 3 a o u o r O� Z� o xxo a< OR QoVQdOwonD QU 0o Z>* 2 N N�Wo m�o �m Q r N Cj r W Z F- O O co O O It } }JZ QJQ 3Q O N O r W }} W } p 6 3°Cc~n z 1 Z o Lq o � W to W Q 0 m j=0 In } 0 0 O z m- ui r m N X X 0) z o X C X co o n W � 0 Z 0 O r m z OJ WLU W W m o w m Q Q W w US, � o u� Z Z r r 0 m o a m0 N CITY OF DENTON MUNICIPAL UTILITIES • 901-A TEXAS STREET DENTON. TEXAS 76201 MEMORANDUM TO: Tom Shaw, Purchasing Agent FROM: Ray D. Wells, Superintendent of Substations, Metering, and Communications DATE: September 11, 1995 SUBJECT: Metal Buildings, Bid # 1798 ----------------------------------------------------------------- ----------------------------------------------------------------- After evaluating the bids for the Electric Utilities Metal Building, we recommend award of Bid #1798 to Davis & Hawkins, Inc. The reasons for recommendation of bid to Davis & Hawkins, Inc. are as follows: The price for Bid #1798, Metal Building is $48,725.00 by Davis & Hawkins, Inc. The bid of the Metal Building from Davis & Hawkins, Inc. is the low bid that meets specifications as requested. I recommend that we award the bid for the Metal Building to Davis & Hawkins, Inc. at the price of $48,725.00. Respondents were as follows: S.W. Industrial Constructors, Inc. Wayne Allen Constructors Co. Inc. Davis & Hawkins, Inc. Ameri Fab Tim Beaty Builders, Inc. DS:tn Bid#1798 $71,500.00 $78,178.00 $48,725.00 $52,387.00 $58,334.50 "Dedicated to Quality Service" CONTRACT AGREEMENT STATE OF TEXAS § �''���� COUNTY OF DENTON § ,THIS AGREEMENT, made and entered into this. 19 day of s u=EMRFR A.D. , 199gi_, by and between OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and DAMS & HAWKINS INC. 821 BEACH ST. FT WORTH, TEXAS 76111 of the City of FT WORTH ,` County of TAT 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 # 1798 - METAL BUILDING (ITEM 01) in the amount of $48,725.00 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 Viand 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 accordance with the plans, which includes all maps, plats, CA - 1 blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by 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. ATTEST: ATTEST: (br LL) DAVIS & HAWKINS, INC. CONTRACTOR DAVIS & A 82.1 Beach Street Eort y MAILING ADDRESS .C!]-27'> ��I PHONE NUMBER FAX NUMBER BY 2: � TITLE PRIN ED NAME � APPROVED AS TO FORM: (SEAL) City Attorney AAA0184D Rev. 07/28/94 CA - 3 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 APf00BAl REVISED 10/12/94 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(3O) 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 of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. AFFOOBAI REVISED 10/12/94 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: FA A. General Liability Insurance: General Liability insurance with combined single limits of not less than _ $ 5 0 0 , 0 0 0 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. AFFOOBA 1 REVISED 10/12/94 Insurance Requirements Page 4 [A Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $5001000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non -owned autos. Pq 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 110.1 10 of the Texas Worker's Compensation Commission (TWCC). [ ) Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an AFF00HAI REVISED 10/12/94 Insurance Requirements Page 5 "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. [ 1 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. [ 1 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. [ 1 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. AFF006AI REVISED 10/12/94 Insurance Requirements Page 6 ATTACHMENT 1 (XJ Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.01 1(44) for all employees of the contractor providing services on the project, for the duration of the project. AFFOOBAI REVISED 1O/12194 Insurance Requirements Page 7 C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. APPOOBAI REVISED 10/12/94 Insurance Requirements Page 8 The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and AFFWHA1 REVISED 10/12/94 Insurance Requirements Page 9 (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. AFMBAI REVISED 10/12194 . • .. ;i YT;I ,lei, BID NUMBER 1798 BID PROPOSALS City of Denton, Taxes 901•8 Texas St. Purchasing Department Denton, Texas 76201 Page 2A of 4 f" i.'. ITEM DESCRIPTION QUAN. PRICE AMOUNT 1. METAL BUILDING — 50' x 100' x 12' (*) 1 EA M.725a PER ATTACHED SPECIFICATIONS WITH'ADDENDUM # 2 DRAWING CLARIFICATIONS ADD PER ADDENDUM # 1 2. SOLID WASTE BUILDING — 40' x 60' x 16' (**) 1 EA $ 30,711 PER ATTACHED SPECIFICATIONS 2" sand...............$500.(addnot in specs' sawcut concrete....... 150. add " vapor barrier......... 200. add markup & bond 208. add 1058.5 total add * TO BE ERECTED AT CITY OF DENTON POLE YARD, DENTON, TEXAS 76201 1701-SP NCER ROA , ** TO BE ERECTED AT CITY OF DENTON LANDFILL, 166 F05 ER ROAD, DENTON, TEXAS 76201 NO INTERIOR —FINISH OUT PLEASE NOTE INSURANCE REQUIREMENTS PLEASE USE THIS REVISED BID PROPOSAL FOR SUBMITTITIG BIDS. TOTALS $ 79,436. o We quote the above f.o.b. delivered to Denton, Texas. Shipment can be made In 7Tn days from receipt of order. Terms netl30 unless otherwise Indicated. In submitting the above bid, the vendor agrees that acceptance of any or all bid Items by the City of Denton, Texas within a reasonable period of time constltues a contract. The completed Bid Proposal must be properly priced, signed and returnad. 821 Beach St. Malling Address Fort 76111 City f Zp b P*7 - 8,31- 2. Telephone DavisH2wkinso Tnr--.... BMW Tllle OCT-04-195 WED 16:16 ID:LUCIN WRIGHTINS TEL NO:817-877-1003 4171 P02 uneUTcrnu — Lucian Wright Ins. Agency 1200 West Freeway # 200 Fort worth TX 76102' 5973 DAVIS & HAWKINS; INC 821 BEACH STREET FORT WORTH TX 76111 CQWAW ooMPANY d � O aANY GOWANY D ;!7 RTIFY THAT THE POLICIES OF INSURANCE LNAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PENIWM14YRBE ISSUED OR MAYEPERTAINETHE INBNCE AFFORDED BY T THIS POLICCIES DEBCRIEEOOR OTHER )HERMEIN IS US EJEENT WITH CT TO ALL THEPECT TO I TERMS, ND CONDRIONS OF SUCH POLICIES UMROWN MAY HAVE BEEN REDUCEDRYPAIDOIJLIrNgYIIAMGE PCUCYNSMPO YiFYtC71V! UYITS PA WW'�Iwl IiTY CLP219896809 29/95 09/29/96 eENei AmRESATEoEN6R�LLue�ITY PRODUCTS-OW)OPAoe 01 000 01 BMAW O oOCIJAPEReONAt SA0YINJI:IY /50U,000 coNTRACIOR5PROT •500 , 000 RNEDAMAaetArooa.k. 6501000 A AUTOMODUU UM ANY AUTO ALLOWNEDAUTOS xrleDlxso Aurw HSISD MJTOS NON-0Y�NCO AUTOS CAP1816220 09/29/95 09/29/96 DommNSDOMMUMIT IauV, X PM. DIY • X X PRDPeRTY oAMAna ALITOONLY-EAADODSIIT t S aARAo1UAaSIn ANYAASAUTO OTHQRTFIANAUT0ONLY- r`':,I ■Mil AODIDENT ADdREOATE A Bwmmmvps Mauulmlrn X l MMOAA FOWd Orval TWA UMBFV APOM AND p Ym PROPnI Wff _ M INm ('IIt'7Y`ilfldii� TBA 4-jigfq� 10/01/95 09129/96 10/01/96 eAWammunnCNOC 11 0( AoaneoATE I u t STATuroOffI"% IAWAWDEM /solo oIeEASE • POLw•r LIAVT - ! 5 0 - W1. x mon nicx CLR3198958 IlylrYl72 OVUM 0117001000 41000 ti5ae NyCIYPTiDN of OPSRATN1NsnacATNN11neHICLSSISPS�L rre�a EID #1798 METAL BUILDING AMOUNT OF '$48,725. CITY OF DENTON IS SHOWN AS AN ADDiwiv AL INSURED WITH RESPECTS CITY OF DNNTON, TEXAS PURCHASING DEPARTMENT 901-B TEXAS STREET DENTON, TX 76201 SNC{RO RANT 90 THE MWM SSSCMSES POUPM IS WINM SLIM TNS 110WATI011 DATE W1111 1, "IS IISIIMN CCYPMY WILL SNDSIIVM To YAR L%" WNTTm No"= To TNS f omitimm "CUM "MSc To no urr, NT FASl1EE TO IIALL'SM NDTNx fHML INPOSS NO oSUSATNNI OR UANUTY LUCIEN.WRI'tHT INSURANCE OCT 4 '95 16:19 LUCIN WRIGHTINS PAGE.002 :.J Employers Mutual Casualty Company Bond No. S162318 HOME OFFICE • DES MOINES STANDARD CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS: That We, Davis & Hawkins, Inc. 821 Beach St., Fort Worth, TX 76111 (hereinafter called "Principal"), as Principal, and the EMPLOYERS MUTUAL CASUALTY COMPANY, a corporation organized and existing under the laws of the State of Iowa with its principal office in the CITY OF DES MOINES, IOWA, and authorized to transact business in the State of Texas as Surety, are held and firmly bound unto fit,y of Denton TX 1-B Texas Street Denton TX 76201 (hereinafter called "Obligee"), in the penal sum of FORTY EIGHT THOUSAND SEVEN HUNDRED TWENTY FIVE AMID N01100--------------------------------------------------------------------------------------------- DOLLARS ($48.725.00---------------- ), good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. SEALED, with our seals and dated this 2nd day of October A.D., 19 95 WHEREAS, the above bounden Principal has entered into a certain written contract with the above named Obligee, dated the 19th day of September , A.D.,19 95 providing for the construction or supply of, CONSTRUCTION OF METAL BUILDING AS PER BID #1798. which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein for the purpose of explaining but not of varying or enlarging the obligation. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if the above bounden Principal shall well and truly keep, do and perform, each and every, all and singular, the matters and things in said contract set forth and specified to be by the said Principal kept, done and performed at the time and in the manner in said contract specified, and shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation shall be void; otherwise, to be and remain in full force and effect. PROVIDED, HOWEVER, this bond is executed by the Surety, upon the express condition that no right of action shall accrue upon or by reason hereof, to or for the use or benefit of any one ether than the Obligee named herein; and the obligation of the Surety is and shall be construed strictly as one of suretyship only. WITNESS: DAVLS & HAWN', Nr Principal (Seal) (If Individual or Firm) BY:okollel, *4 A f: E 0 R MUTUAL AS4 TY COMPANY 4 Sur (Seal) (It Co oration) l� B Tracy L4iras ttorney-in- ac Fmm 7066 Rry 2 RR AMW EMC Insurance Companies Bond NO. S162318 P.O. Box 712 • Des Moines, IA 50303-0712 ®Employers Mutual Casualty Company ❑Union Insurance Company of Providence STATUATORY PAYMENT BOND PURSUANT TO CHAPTER 2253 GOVERNMENT CODE ENACTED BY THE 73RD TEXAS LEGISLATURE,1993 (Penalty of this bond must be 100% of Contract Amount) KNOWALL MEN BY THESE PRESENTS, that _Davis & I aAdos. Inc. (hereinafter called the Principal), as principal, and EMPLOYERS MUTUAL CASUALTY COMPANY or UNION INSURANCE COMPANY OF PROVIDENCE a Corporation organized and existing under the laws of the State of Iotaa , licensed to do business in the State of Texas and admitted to write bonds, as surety, (hereinafter called the Surety), are held firmly bound �10 City of mntnn- TX (here- inaftercalled the Obligee), in the amount of Dollars) ($ 48,725.00--- ) for the payment whereof, the said Principal an Surety and themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered in a certain contract with the Obligee, dated the 19th day of Septeter ,19 95 , for CONSTRUCTION OF *TAL BUILDING AS PER BID 01798. which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the said Principal shall promptly make payments to all claimants as defined in Chapter 2253 of the Texas Government Code, as amended by the 73rd Legislature 1993, then this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provi- sions, conditions and limitations of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this aid day of October 19 95. SEAL: Attorney -In -Fact Form 7026 Rev. 5-95 EMC Insurance Companies No. 214104 P.O. Box 712 • Des Moines, Iowa 50303 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 4. Illinois Emcasco Insurance Company, an Illinois Corporation 2. Emcasco Insurance Company, an Iowa Corporation S. Dakota Fire Insurance Company, a North Dakota Corporation 3. Union Insurance Company of Providence, a Rhode Island Company 6. American Liberty Insurance Company, an Alabama Corporation hereinafter referred to severally as "Company" and collectively as "Companies', each does, by these presents, make, constitute and appoint: CARRDLL W. COLLINS, LISA A. BRAINIS(M, MARGIE CREE7CY, MARY JANE WOOTEN, SFIIRi_F'y CARpMM_-- TRACY L. GIIQGRAS, INDIVIDUALLY, FORT WORTH, TEXAS ------------------------------------------ its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire __Apri j I 1996 unless sooner revoked AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the second regularly scheduled meeting of each company duly called and held in IW. RESOLVED: The Chairman of the Board of Directors, the President, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them, to execute and deliver on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall by fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casually Company shall by fully and in all respects binding upon this company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of -attorney of the Company. shall be valid and binding upon the Company:with the same force and affect as though manually affixed. IN WITNESS WHEREOF, The Companies have caused these presents to be signed ch by their officers as shown. and the Corporate seals to be hereto affixed this _ 4th___ day of .-- Septerl a ..r-- , 19 —94- Seals S40,INSUq o SEAL �o`N Pp FA V�E`o . = SEAL _= ........... ,{ ,�OWP ox Robb B. Kelley, Ch rman Philip T. Val Ekeren, Secretary of Companies 1,2,3 & 5 of Companies 1,2.3,5; Ass tart Secretary of ompany 4 :'QpNn Co of ,,, _Aw P s= 9 Bruce G.14efley, Ci airmah Donald L. Coug hen wer, 1863 _ = 1953 3 of Companies A & 6 _ Assistant Secretary Company 6 4 ;.OPe Oflq J�'� O'er _: >4'� �P°�R9�'•, ('•_ =,a SEAL SEAL 4 o � �Hii, o��'boiNFs,O'r Q' V ooec; ° MERYL KAU"ICH MY Cal1u3SION Ono • • 8-28-95 On this day of AD 19 before me a Notary Public in and forYdpounty, Iowa, perS F d�Robb B. KW, Philip T. Van Ekeren, Bruce G. Kelley, and Donald L. Coughennower, who being by me duly sworn, did say that they are, and are known to me to be the Chairman and Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of The Companies by authority of their respective Boards of Directors: and that the said Robb B. Kelley, Philip T. Van Ekeren, Bruce G. Kelley, and Donald L. Coughennower acknowledge the execution of said instrument to be the voluntary act and deed of each of The Companies. My Commission Expires August 28. 1995 j • _ Notary Public a - // CERTIFICATE �/ V I. David L. Hixenbaugh of the Employers Mutual Casualty Company, do hereby certify that the foregoing resolution of the Boards of Directors by each of The Companies. and this Power of Attorney issued pursuant thereto on -Sept43niber--.-1-4; -1994- --- — on behalf of CarmLl W. Collins, Lisa A. Branson, Shirley Carpenter, Margie Creec y. Mary Jane are true and correct and are still in full force and effect WOoteR, Tim L- �n In Testimony Whereof I have subscribed my name and affixed the facsimile seal AIDT ;omp�a� any this2l)� day of G`- Vice -President DATE: SEPTEMBER 19, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1799 - EGAN/PANHANDLE AREA UTILITY REPLACEMENT RECOMMENDATION: We recommend this bid be awarded to the lowest bidder for each section: Jagoe Public -- water utilities $5425209.00 Dickerson Construction -- sewer utilities $4365002.00 SUMMARY: This bid is for all labor and materials necessary in replacement of approximately 8,300 ft of 6" and 634 ft of 8" water lines and 3,400 ft of 8" sanitary sewer in the Egan and Panhandle area of Denton. This is an area of aging utilities which are located in the alleys and are virtually inaccessible for repairs. This replacement will relocate the water and sewer to the front of the properties. Three bids were received in response to ninety-nine notices to bid mailed to vendors. BACKGROUND: Tabulation Sheet, Memorandum to Public Utility Board dated September 11, 1995, Public Utility Board Minutes recommending approval. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Water and Sewer Departments, Utilities, Water & Sewer Customers of the City of Denton. FISCAL IMPACT: Budgeted CIP Funds for 1995 for Water and Sewer Replacement. Re cttffuullly submitted: U oyd V . Harrell City Manager Prepared by: H-syYwx. Name: Denise Har ool Title: Senior Buyer Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 636.AGENDA ZW LO 6 ° gU m N N oLU II j Z Y Z p Z 8 w J<W S g pg } Cog (�}mo (i nd N r M } } a�CO fA �M fA C CO � EN W LU �W3 WWr I I C) ° ° Q r Q Q m W zcc W ° ° Q ~ p Wm m O H Q LU O H O H W W Q W° a m m +- CV September 11, 1995 PUBLIC UTILITIES BOARD AGENDA ITEM TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD FROM: R. E. NELSON, EXECUTIVE DIRECTOR OF UTILITIES SUBJECT: CONSIDER BID OPENING NO. 1799 FOR CAPITAL IMPROVEMENT PROJECT EGAN/PANHANDLE AREA UTILITY REPLACEMENT RECOMMENDATION: The Utility Staff recommends award of a contract to Jagoe Public Construction Company of Denton for the amount of $542,209.00 for the construction of Egan/Panhandle Water Replacement (Exhibit 1). We also recommend award of a contract to Dickerson Construction Company of Celina for the amount of $436,002.00 for the construction of Egan/Panhandle Sewer Replacement (Exhibit 2). SUMMARY: Bids were opened September 7, 1995, with a total participation of three bidders. Jagoe Public Construction Company of Denton, Texas, is the lowest qualified bidder for the water replacement portion of the project. Jagoe Public's bid is $542,209.00 for 8,340 feet of 6 inch water, 634 feet of 8 inch water, 174 feet of 4 inch water and 13,401 feet of private water service line relocations. Most of the service lines are being moved from the rear alley to the front of the property. The bid for the waterline is $226,791.00 under budget and $2,622.00 under the engineer's estimate. Dickerson Construction Company of Celina, Texas is the lowest qualified bidder for the sewer replacement portion of the project. Dickerson's bid is $436,002.00 for 3,384 feet of 8" sanitary sewer, 979 feet of trenchless rehabilitation, and 662 feet of 12" bore & grout. The bid is $2,002.00 over budget but $36,204.00 under the engineer's estimate. Page 2 Egan/Panhandle BACKGROUND: The Egan/Panhandle area is one of the oldest residential areas of Denton and the water and sanitary sewer utilities are showing their age. Currently, all utilities are located in the rear alleys or easements in this region. These alleys are no longer easily accessed due to overgrown trees, shrubbery, and undergrowth. Fences, houses, and garages have been erected within the alleys. In some areas the utility lines can not be accessed at all due to the structures over the line. If there was a water main break in one of these areas repair would be nearly impossible. Therefore, this project will move all water service to the front of the properties allowing for easy access to the water meters and main water line. The relocation of the sanitary sewer main to the front was the next logical move, but after a thorough analysis it was found impossible to do so without the elimination of sewer service to certain homes. The current sewer main is in poor condition and is undersized. City crews have responded to numerous sewer complaints including odor problems, sewage backing up into homes, and sewage running on the ground. The sewer line is also located under various structures. The lines are in such bad condition that the City can not clean and flush them. Utility crews have only been able to camera a small portion due to its condition. Some areas will be replaced using the standard open cut method where feasible and the other areas will be replaced using trenchless technology. The waterline on Panhandle is being replaced due to the number of breaks that have occurred. This project is being done in advance of repaving the street. AGENCIES AFFECTED: The citizens of Denton, Denton Municipal Utilities, Jagoe Public Construction Company, and Dickerson Construction Company. FISCAL IMPACT: A total of $840,000 is budgeted in revenue funds for the Fiscal Year 95 CIP for construction of the water replacement and $476,000 is budgeted in revenue funds for the Fiscal Year 95 CIP for the construction of the sewer replacement. See Exhibit 4 (Fund Analysis) for more detail. Page 3 Egan/Panhandle Respectfully Submitted, R. E. Nelson, Executive Director of Utilities Prepared by: Gerald P. Cosgrove, P.E., Engineering Administrator Approved by: Howard Martin, Dire or Environmental Operations Exhibit 1: Location Map - Water Exhibit 2: Location Map - Sewer Exhibit 3: Bid Tabulation Exhibit 4: Fund Analysis Exhibit 5: CIP Detail Sheets CRESENT CARLTDN Lv z O J Q EGAN CON - LL CRESCENT CDRDELL CRESCENT LINDEN z O o BRDADWAY z ui PANHANDLE n ca W _I SCRIPTURE 0 U z 00 o ARKWAY J ANDERSON N z li z z 0 o PEARL GRACE HAYNES EMPL AVE, GREGG W. OAK J (n J � W. HICKORY s EXHIBIT 1 EGAN/PANHANDLE WATER REPLACEMENT SCALE: 1"=600, CRESENT ICARLTON]LLJ Z O J Q Q uj EGAN O l7 JN—RES RDELL CORDELL CRESCENT CRESCENT F IF ❑ LINDEN z o BROADWAY ~ J PANHANDLE LL- SCRIPTURE LJ O Q -j l ova W U z O H z W A Mimi _ ■ f Z p ARKWAY J ANDERSON z COO � Cl L�< z z 0 Li PEARL GRACE HAYNES f EMPL AVE, GREGG CW. OAK W. HICKORY EL EX� HIBIT 2 EGAN/PANHANDLE SEWER REPLACEMENT SCALE: 1" =600' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0000000 0 0 0 0 0 0 0 0 0 0 o c o 0 0 0 0 0 0 0 0 porno o p O O CD 0 0 n oao000000ocooco00 oo o 0 occooc r n n-0000000v oa 0000ro to fri 0 000Oopoo O M 6A N V— O O O O 0 0 o al a r L F �n r v1 N Q— �n M to O+ 6A 6s 6A 6A N 00 N 7 O O— 64 M o 6A 6A 69 69 6�A 69 rfs� 64 69 6A 6.9 M6A 69 N 69 69 69 6A 69 69 C. 6NA 69 6s 69 r L 6A C O U 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 CDO O O O O O v1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C4 F" 0 O 0 0 0 0 0 0 r r 0 0 0 O O O O O O O 00 v1 O vl M vl O N O O O O -- 0 0 0 — V 7 -T v1 — 0 0 0 � O O 6s N N �o 6s 6A 0 6A O O O 0 N 69 O O O 69 6s 64 6s - 'IT 69 00 00 � M 7 r 69 69 6A a o o 0 6A o � 0 F 69 64 6A ,� 69 6A 64 6A 6q O O M 6s 4 z 6A Qq 69 Ns f oq 69 6 O O p p o 0 0 o p 0 0 0 0 0 0 0 0 0 C. 0 0 0 0 0 0 0 0 0 0 0 0 o p 0 0 0 0 p 0 0 0 0 0 0 p o p o 0 0 0 0 p o 0 0 0 0 p v a)0o00Ooo0o00o0o0oO00O 0000covi o ...1 o T V 1 O O H O Cl O O O O O -IT 0 7 7 0 0 00 O O O to O O O O N 7 %C N O O �n O M r h N h N— - N CDO h h N a h v O— y F V M r moo r M — M O\ O 69 6A 6A 6A 6A 69 ,_; 7 — 0 r 64 .� 64 69 6s r O\ O Noq 69 69 � CD6A 69 6A 69 6A 6A 69 69 69 6q V Gq 69 69 669 _ tn fiVA C fO/1 Y L1] O O O O -O O O O O O O CD a) O CD CD CDO O O O CDO CDO 0 0 0 0 0 0 0 0 0 0 0 0 0 Vn O O O O O O V U^ c[ O O O O v1 r 0 0 0 00 O O O O O O O O O O h N O— O O O v1 M M V O kn 6q 0 0 0 0� 0— V— V 6A 69 O 69 O O O �n a N 6A O O 6A 6s 69 69 — M h� v v R r 6A 6q 69 6A N O h 6s v N O 69 6A F — 64 6q 69 69 69 C r 6s 6% 64 — z 69 69 6A 6A 609 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 O o 0 0 0 0 0 0 0 Cl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 _1 O 0 0 0 0 0 0 0 p V 0 0 0 0 0 0 O 0, O 0, O O O O N O O oo O O 0 0 0 0 O O vi \D 00 v O O— 0 0 0 0 0 0 0 N O R— N N 00 0 0� Q— N O O O O O O 0 ao 7 0o N 7 0 �D 7 W O N W, M— V% N -- vi vl O o0 O Cl kn O, O r O N 69 6A 6A 69 6A 69 69 69 M 7 M V' — N N O� Oi O N o 6A 6A — M fA C4 69 6q 6A 69 69 — N 6q 6s 6A 69 6A 0CIA N V 69 609 04 69 (o9 in u Ni a 0 aLL) u 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O p o 0 p 0 0 0 0 0 Cl 0 0 0 0 0 0 0 0 0 0 0 c O 0 0 O U W 0 0 o CD 0 0 0 0 0- 7 �O N O O 0. O C O C O O 10 00 0� 00 O— O O 0 0 — 0 0 0 0 f4 N" N 0— O O O O O O 6A N— V 6A 6A N 6s R CL N O O M 6A CD O 69 6A 6s 60; — \0 6A 00 �o 7 I- to 6A 0% 69 — 00 O O 6s O M O F 64 6A 69 — 64 64 64 64 6q vl — 6q — Z 6q r4 6s 69 6A 6A (04 fn fn L" Ln Q fn m LLI Lu :J W LLi W LLl -j fn ...7 In r fn LLl — _7 _i U _7 LLJ N V r 00 Cn — O O o O 00 0 — 00 — M r M M 0 — — N V't V1 N V N 00 O M 0 — — V V O 00 Z M N v O` ` U C Q > U °' _ c c 3 ° c N y •V •V N O >1 i .0 -.T. R U a> U O A H �' > " 3 V U R O U to R 4.. -° n v) ; -� c o a 3 cc A 3 3 c 3 0 M 0`. Liz r R A �, p, > > aUi ato Ui a>i N o `�c 'v =o 3 3 3 0 3 v g>> o U o o a�i n o c tv °a' o x E o \000v-MMigix.cU�ooOcaU�oUfnn:QUDm ma`a!u7[-a� m U Q m U Q Q m Q i i T O Q Q N M O r O\ �o 00 �o �o -'T 7 7 M M i N 7 V— M N M 7 _ _ N N N mM M o0 � (n M Cn fn N 00 cn Cn In M VJ Cn t EXHIBIT R1 0 F z in < C � U� V a 0 c• ;a v U OD y R y 4. m O O C O O O O C C O C O O C O O 0 0 C C C O ^I O C C C O C C C C C O C O O c- C 0 0 0 0 O C O O C C O ^^ C^ O C C C^ C^ 69 69 64 �q 69 69 69 6A 69 69 6A 6A 69 6.1 69 69 69 6A 69 69 69 69 69 69 69 6A 69 O O O O O �OJn C VJ C Ali 69 O� 6A 0\ O O O O C C O C^ O O C o O C O O O O O O O O O O O O O^ O O O C O O .. O O O C O O C C C O O O C .. 0 0 C0 U (A609 bCA 6CA 6CA 6A 609 6C9 609 6C5 (A 60 A 6A 60A 60A "A 609 6CA 6A 60A 664 69 604 Qq 609 6C9 n. E- Z 0C00Co0C^C0000000000 c00oo0o0CD0C000000000 0 0 00000 o0000 0 0 00 0 ^ 0 0 w o 0 0 C O O O O CD vi b w o C 0 O O O O O O N 00 O O 0 O C M O C� •7 0 0 0 0 00 �n �C 7 J� er n 7 vi h O 00 V1 N N 7 _V1 vl vl 7 In M N '7 !\ � N N O O C O C C O 6AO O N 1� 696A 69 Hf 6A 6A 697 —rsO C h O V1 O O ¢ C O 10 6A 69 "' 69 6A 6A 6A 69 6A 69 69 69 4A 6A O 6A N 6A F 6A Vf C C C C o C C O C C^ O C C^ o �n CDC CDO C O C O C O N C C O C C C^ C C O Lt] C O ID O C^ O C O C O C C C O O O O O C U C C M C O— N — 7 N 6A 6A 69 N �n O O O O 6A 69 6A 6A M v1 69 69 69 6A (09 64 N C In 0 V'1 O �n In y 69 69 o N C M— fV N 69 69 69 6A 69 z` 0 0 0 0 0 0 0 o c o 0 0 0 o C o 0 0 0 0 0 c c o 0 0 0 0 0 0 0 0 C CDc c c o 0 0 0 o c o O C o 0 0 0000000000000000o doovdc— O C O CD ON O C O C oo — .0 er M O N O �n — 0 o c C C c o CD CD 0 v 0 0 o0 r1l— N M u1 � M C O C C o 0 0 O O O O M VJ ¢ — C` n P N tz O N 69 6A 69 69 69 6A Qq F �D 69 69 N6A 69 69 6A 6114 66A 604 60A ery O aM0 n 6A to L^ ry O C O^ C C O O C ^. O O 0 0 0 C C C C ... j .,. O C ..., ^. O C O C O O C C ^,J O C C O C O C O C O C C < ¢ OC C . . O ""' C — O C C C C Vt O C N 7 N— O^— in In O �%1 69 C C C C — 'A — R N 69 69 69 11 In — C C O C O C c C O O C ,Z J y' ^` In lJ (4 vj sA 6N9 c.NAn6Mq h6A w6A v, 64M 0 v w CD y u; y C yj— e9 Vi 6A N 69 < z 60 C� N 00 �C M Vl — M OC l4 10 V Ol C+' 7 O }'IN —_ 10 N M N 5 ... L a 75 �. < z _y _m cn a c H s J 3 J v 3? L = 0) y Cl. O OD LLJ c o Y Aj v v o U V o a°'i X o o poi — —<<nUv a'cG CC y' U'o UVi Liwc_U... at^, NN � �Vm7 — v) Vvl �cC '✓•a] f� fn 0. cn — 00 M M Cn V) e F 0 e e a a r � v, 6A 0 0 0 7 O O dig 4v9 6iA EGAN/PANHANDLE AREA UTILITY REPLACEMENT FUND ANALYSIS WATER DISTRIBUTION (REVENUE) STATUS COST FUNDSOURCE 95-0461F05 $470,000 95-0461F06 $370,000 TOTAL FUNDS $840 00p EXPENDITURES Surveying Estimate $18,000 Design Estimate $30,000 Inspection Estimate $23,000 Construction Bid $542,209 TOTAL EXPENDITURES $613,209 AMOUNT OVER/(UNDER BUDGET $226,791 FUND ANALYSIS SEWER COLLECTION (REVENUE) STATUS COST FUNDSOURCE 95-0471F06 $476,000 TOTAL FUNDS $476,000 EXPENDITURES Surveying Estimate $11,000 Design Estimate $19,000 Inspection Estimate $12,000 Construction Bid $436,002 TOTAL EXPENDITURES $478,002 AMOUNT OVER/(UNDER) BUDGET $2,002 EXHIBIT 4 1995 CAPITAL IMPROVEMENT PROJECT # 95 0461 F05 i PROJ TITLE: (R)(1994) STREET REPLACE WATER LINES ESTIMATED COST: $470 (x 1000) DESCRIPTION: Panhandle -Malone to Denton Egan -Bryan to Alice Total GROUP ASSIGNMENT: 5 6° 3,340 LF $ 289,000 6" 1,300 LF $ 181,000 $ 470,000 PURPOSE: Replace undersized and deteriorating water lines in order to protect integrity of water system. COST CALCULATION: Design $ 26,000 Construction 444,000 Total $ 470,000 FUNDING REQUIREMENTS: ENCUMBERANCES/CASH EXPENDITURES (In Dollars x 1000) First Qtr. Second Qtr. Third Qtr. Fourth Qtr. 1995 ENC EXP ENC EXP ENC EXP ENC EXP 0 0 444 148 0 148 0 148 1996 0 0 0 0 0 0 0 p 1997 0 0 0 0 0 0 0 0 ENCUMBERANCES CASH EXPENDITURES BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL TOTAL 1ST YR $0 $444 $0 $0 $444 $0 $444 $0 $0 $444 TOTAL 2ND YR 0 0 0 0 0 0 0 0 TOTAL 3RD YR 0 0 0 0 0 0 0 0 0 GRAND TOTAL $0 $444 $0 $0 $444 $0 $444 0 $0 0 $0 0 $444 ENCUMBERANCE DATES Encumbered as spent. PHASE DATE AMOUNT OBJECT # Surveying 03/94 $ 9 Engineering Design 04/94 $ 17 Inspection 04/95 $ 13 Construction 04/95 $431 ENCUMBERANCE TOTAL $470 COMMENTS: This is a multiyear project beginning in 1994. Encumberances Prior to 1995. $ 26,000 Current CIP 444 000 Total Project Budget $ 470,000 3/23/94 16:51 pg EXHIBIT 1995.CAPITAL IMPROVEMENT PROJECT # 95-0461 FO6 1 PROD TITLE: (R)(1994) REPLACE WATER LINES ESTIMATED COST: $370 (x 1000) GROUP ASSIGNMENT: 5 DESCRIPTION: Egan -Malone to Bryan relocate services $ 12,000 Congress -Malone to Bryan, 6" 2,030 LF $ 177,000 Alice to Ponder Lovell -Scripture to Egan 6" 710 LF $ 55,000 Bryan -Scripture to 100' N. of Linden 6" 1,960 LF $ 126,000 Total 4,700 $ 370,000 PURPOSE: Replace undersized and deteriorating water lines in order to protect integrity of water system. COST CALCULATION: Design $ 22,000 Construction $ 348,000 Total $ 370,000 FUNDING REQUIREMENTS: ENCUMBERANCES/CASH EXPENDITURES (In Dollars x 1000) First Qtr. Second Qtr. Third Qtr. Fourth Qtr. ENC EXP ENC EXP ENC EXP ENC EXP 1995 0 0 348 116 0 116 0 116 1996 0 0 0 0 0 0 0 0 1997 0 0 0 0 0 0 0 0 ENCUMBERANCES CASH EXPENDITURES BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL TOTAL 1ST YR $0 $348 $0 $0 $348 $0 $348 $0 $0 $348 TOTAL 2ND YR 0 0 0 0 0 0 0 0 0 0 TOTAL 3RD YR 0 0 0 0 0 0 0 0 0 0 GRAND TOTAL $0 $348 $0 $0 $348 $0 $348 $0 $0 $348 ENCUMBERANCE DATES Encumbered as spent. PHASE DATE AMOUNT OBJECT # Surveying Engineering Design Inspection Construction ENCUMBERANCE TOTAL 03/94 $ 9 04/94 $ 13 04/95 $ 10 04/95 $338 $370 COMMENTS: This is a multiyear project beginning in 1994. Encumberances Prior to 1995. Current CIP Total Project Budget $ 22,000 348 000 $370,000 3123/94 16:57 1995 CAPITAL IMPROVEMENT PROJECT # 95-0471 F06 PROJ TITLE: (R) 1994 REPLACE SEWER LINES ESTIMATED COST: $476 (x 1000) GROUP ASSIGNMENT: 5 DESCRIPTION: Replace deteriorating sewer lines, relocate sewer service and increase size where necessary to accommodate load. Easement between Panhandle & Egan from Bryan to Denton 6/8 &8/8" 2,590 LF $240,000 Easement between Egan & Congress from Ponder to Alice 8/8" 1,320 LF $120,000: Alice, from easement between Egan & Congress to Easement between Panhandle & Egan 8/8" 360 LF $ 30,000 Lovell, from Egan to 100' north of Scripture 6/8" 540 LF $ 57,0001 Congress, from Malone to 80' west of Lovell 6181 275 LF 29 000 ' TOTAL 5,085 LF $476,000 PURPOSE: Reduce maintenance costs and improve system integrity. A portion of the existing line runs under houses. CALCULATION: 1994 Design = $30,000 1995 Construction = $446,000 FUNDING REQUIREMENTS: ENCUMBERANCES/CASH EXPENDITURES (In Dollars x 1000) First Qtr. Second Qtr. Third Qtr. Fourth Qtr. ENC EXP ENC EXP ENC EXP ENC EXP 1995 0 0 446 148 0 149 0 149 1996 0 0 0 0 0 0 0 0 1997 0 0 0 0 0 0 0 0 ENCUMBERANCES CASH EXPENDITURES BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL TOTAL 1 ST YR $0 $446 $0 $0 $446 $0 $446 $0 $0 $446 TOTAL 2ND YR 0 0 0 0 0 0 0 0 0 0 TOTAL 3RD YR 0 0 0 0 0 0 0 0 0 0 GRAND TOTAL $0 $446 $0 $0 $446 $0 $446 $0 $0 $446 ENCUMBERANCE DATES Encumbered as spent. PHASE DATE AMOUNT OBJECT # Land Purchase $0 Surveying 03/94 $11 8563 Engineering Design 03194 $19 8560 Inspection 02/95 $12 8562 Construction 02/95 $434 9114 & 9138 ENCUMBERANCE TOTAL $476 COMMENTS: This is a multiyear project beginning in 1994. Encumberances prior to 1995 $ 30,000 Current CIP $446,000 Total Project Budget $476.000 3118/94 9:23 PUB EXCERPT September 11, 1995 6. CONSIDER APPROVAL OF BID #1799 FOR EGAN AND PANHANDLE WATER AND SEWERLINE RENOVATION Following extensive discussion and summary/background information provided by Howard Martin. Thompson made a motion to approve the bid as presented. Norton seconded the motion. All ayes, no nays, motion passed unanimously. CONTRACT AGREEMENT STATE OF TEXAS § wpor COUNTY OF DENTON § U THIS AGREEMENT, made and entered into this 19 day of SEPTEMBER A.D. , 19 95 by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD Va HARELL thereunto duly authorized so to do, hereinafter termed "OWNER," and JAGOE PUBLIC P.O. BOX 250 3020 FT WORTH DR. DENTON, TEXAS 76202 of the City of DENTON , County of DENTON 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 th- bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1799 — EGAN/PANHANDLE AREA UTILITY REPLACEMENT (ITEM #1) in the amount of $542,209.00 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 accordance with the plans, which includes all maps, plats, cA 1995 -blueprints, and other -drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON ENGINEERING AND TRANSPORTATION 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 tinua 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. ATTEST: 1 ATTEST: APPROVED AS TO FORM: City Attorney /r AAA0184D Rev. 07/28/94 CA - 3 CITY OF (SEAL) JAGOE PUBLIC CONTRACTOR MAILING ADDRESS 3 e z - 5 .Sl / PHONE NUMBER FAX NUMBER BY TITLE 1/- re.s. -✓-• rt"e �_ PRINTED NAME (SEAL) PERFORMANCE BOND STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC of the City of DENTON k;ounry of DENTON and State of TMAR as PRINCIPAL, and SEABOARD SURETY COMPANY , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON as OWNER, in the penal sum of FIVE HUNDRED FORTY TWO THOUSAND TWO HUNDRED NINE and no/100------ Dollars ($ 542,209.00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the. i9 day of SEMWMBER , 19 95 , for the construction of BID # 1799 - EGAN/PANHANDLE AREA UTILITY REPLACEMENT (ITEM #1) which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - 1 PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same,- shall in any way 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 5th day of October 19 95 ' -J cL ca o f- h c c• f /Q /) Princip 1 i _ ,� By J Title_ Address:_JA(; E-PR Ri in rnnenA P.O. BOX 250 2 (SEAL) Seaboard Surety Company Surety ��- 1. MY Cl) Rosemary Weaver Title �t.t nrnaa--'.- -- f Address: Burnt Mills Road & Route 206 Bedminster, New Jersey 07921 (SEAL) The name and address of the Resident Agent of Surety is: Willis Corroon Cor oration of Texas _ 13355 Noel Road, Suite 400, Dallas, Texas 75240 6612 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D Rev. 07/28/94 PB — 2 PAYMENT BOND STATE OF TEXAS S COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBj,TC of the City of DENTON County of DENTON , and the State of _ TFXAS as principal, and SEABOARD SURETY COMPANY authorized under thb laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF DENTON , OWNER, in the penal sum of FIVE HUNDRED FORTY TWO THOUSAND TWO HUNDRED NINE 'Dollars ($ 542.209 00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 19 day of _ -5P.PTPMBER 19 95 BID # 1799 - EGAN/PANHANDLE AREA UTILITY REPLACEMENT (ITS. $7\ to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - 3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way 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. IN WITNESS WHEREOF, the said Principal and signed and sealed this instrument this 5th day of 19 95 . Title V- !or. e s Address• JAGOE-PUBLIC COMPANY DENTON, TX 76202 (SEAL) Surety have October Seaboard Surety Company Surety PM LA Rosemarly Weaver Title Attorney -in -Fact Address• Burnt Mills Road & Route 206 Bedminster, New Jersey 07921 (SEAL) The name and address of the Resident Agent of Surety is: Willis Corroon Corporation of Texas 13355 Noel Road, Suite 400, Dallas, Texas 75240-6612 AAA0184D Rev. 07/28/94 PB - 4 MAINTENANCE BOND THE STATE OF TEXAS $ COUNTY OF DENTON $ KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC as Principal, and SEABOARD SURETY COMPANY a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of4benton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum Of FIFTY FOUR THOUSAND TWO HUNDRED TWENTY and 90/100--- Dollars ($ 54,220_90 ), ten (10%) percent of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said JAGOE PUBLIC has this day entered into a written contract with the said City of Denton to build and construct BID #1799 - EGAN/PANHANDLE AREA UTILITY REPLACEMENT (ITEM ikl ) which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and; WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said Jagoe-Public Company as Contractor and Principal, has caused these presents to be executed by Bill Cheek and the said Seaboard Surety Company as surety, has caused these presents to be executed by its Attorney -in -Fact Rosemary Weaver and the said Attorney -in -Fact has hereunto set his hand this 5th day of October 19 95 SURETY: SEABOARD SURETY COMPANY BY:� Rosemary Weaver Attorney -in -Fact AAA0184D Rev. 07/28/94 PRIN P 1 / JAGOE-PUBLIQ COMPANY P.O. BOX 260 — DENTON. TX 76202 2B= 2948 Certified copy No. 11956 KNOW ALL MEN BY THESE PRESENTS. That SEAR- made, constituted and appointed and bythese presents Rosemary Weaver or L. Ray Fitts; Jr or- JIiETYZQMPANY,-a corporation -of the State of New York, has eke, constitute and appoint John R. Stockton or Ly Hayes Of Dallas r 'texas its true and lawfulAttorney-in-Fact, to make, execulviandAW— Iferon its behalf Insurance Policies, surety bonds, undertakings and other Instruments of similar nature as follows:" W tl'xxit I bl,'i-tations Such insurance policies, surety bonds, underti kmgsand instruments for said purposes, when duty executed by the aforesaid Attorney -in -Fact, shall tie binding upon the said Company as fully and -to the seine extertt as if stetted by the duly authorized officers of the Company and seaiedwtth tis dolporate seal and sati the acts of $aid Attaniey In Fact; pursuant to the authority hereby given, are hereby ratified andconfirrned. _ - — - — - _ This appointment is made pursuant -to the fo-Wwtng By Lawswhlch were duly adopte9-by the Bt>ard"of Directors of said Company on December 80, 1927, with Amendments fo and including _January 15; 19$ and arestill In full force and effect: ARTICLE Vil, SECTION 1: - -_ - "Pollcies, bonds, Fecognizances, stipulstions coe>sgntsgt surety �+ndeehidGngund AskittpE�+d iEtftntmenis retsNny ltiereto. - Insurance p¢hcfeS,bortds recognizances StlpulapRns consenfsots[iratygndurigrv�ntmgLndQdatC�ngspftheompanyandreleaa@s,agreen_tantsandother writings relating in anyway theref¢ or t�anyetamt2r IQss4hgreun$er sitall W-Ifigned inthe name and flnbehatf gf the-Compahy_ (a) by the Chairman of the Board the President aYtice Presrdent ore Residents -fee Pfesrdeht 9fld byFe Secretary ahAssistant$ecretsi a Resident Secretary or a Resident--Assistant&ecretary-or (b) hyaii AttorncY m�acf#3ulhe Company apppinted andauthorized _bythe Chairman of the Board, the -President or a Vice -President iQ make $uchs gnatur or rc) by<Bue?i"9thef_tfftcers 4[representativeSesth@-80ard may frorh time to time determine. The seal of the Company shall it apRro"-priat6 be aHixe-d -W- _e_to byanysueh officer=Rttomeyih-Factor represetttattile' IN WITNESS WHiREOF, SEABOARtQ SURr;TY C(1tvIPANY has !<aLsed these=presents to be signed -by one of its Vice- Presidents, and its corporate seat to be hereunto affixed --a dduty attested by orte_ofi Its Assistant SeeretaCies, this _:. 8 ..... day of ... - T 1g. • aauary-- -• . •- - q' * 0 Attest: SEA@ RD- URETY COMPANY, W 1927 � B H = of �, a- ''FaraeW`°� (Seal) - sistant STATE OF NEW JERSEY ss.: COUNTY OF SOMERSET On this ....... 11th _..---..:_., day of ..----._.Js' January ........................ ......... ........ ..... ...,_:........ , 19,94...... before me personally appeared ............... Mini;acl _-Ii.... ... - _... _ a Vice -President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of .:pT�,t _,�s•_•-•. that he is a Vice -President of SEABOARD SURETY COMPANY, the corporation rlescnbedfn and which executed the foregoing instrument; that he knowsthe corpofate seal ofthesaid tompari ,! that the=seataffiiedtosaiciInstrument is -such corporate seal; that it was so affixed by order of the Board of Drzsetorstif said tzornpa*ano that he signed ills natrtethereto as Viea=President of said Company by like authority,A-tEE _ ttf?111�1' ����l�tht�ERS><Y (Seal) Nadir , illy LaSlatsuoe fzpuei Sept 9,144$ - 614i4 ftwic Qy -- - -- _ -- -- Notary Public GE -RTlP U CA --TE - 1.the u _ ned Assistant Secretary of SEABOARD SUAfTYbOM0ANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the>,fate of this Cartdrcate antfido furtherceriffy that the Vice -President who executed theBald Power of Attorney was one theOfficersauthorized by the 'Board' of Directors to appoint an attorney m-fact as provlded in Article V)1, Section 1; of -the By -Laws of SEABOARD SURETY COMPANY.- _ s _ This Certificate may be signed and sealed by facsimile under and byauthonty of the lotlowing resolution of the Executive Committee -of the Board of Directors of SEABOARD SURETY:COMPA_NY at a meeting duly-called-and�h - tin-the25tti day of Msreh tg70, "RESOLVED: (2) Thatthe use of a printed facsttnjie of-the-orpQrate seat of ttsa_Company artttofthe=sfgriature9f-an Assistant Secretary -on any certifieationgf- the correctriesSofacopy -ofaninstnimentexecuteib;z he=Pi9gident-6 i- P?8sid Vice-ennn tr- -.:,..,e:-:-� _ a .:< <•,•y ��•-ys m 3,ms�+n,tpwaiy aidrGryson0.Y-un95r�YInmS=untlelt�Ctin S_or=other-- instruinirnftdeseribed insaid Art_tcle Vll Secflon 1, w`ith hk> gffael as etsucii seat and=cacti st4nature had been manuatlyeaffixe, and ptada=tiaraby is - 3uth9nzedand aPProved ' _-_ - _ _ _ - -- - " - - - - _ _ - - ` - IN t irNES3 H t�€� t hive hereunto satiny ttand �t $ff wed tieoorporafe sat�zf ` a Co art -to these presents this ssxFJr _ -r. d - f - Dr verfficalidIT "the authenticity of this Power of Attomey you may call, collect, 908-658-3500 and ask for the Power of Attomey clerk. Plera"U% ti4sl°bwer 'Attorney number, the above named Individual(s) and details of the bond to which the power is attached. In New York, Dial 212-627-5444. 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 AAA00350 REVISED 10/12/94 Cl - 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. AAA00350 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: 4. [XI 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 (XCLI) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. AAA00350 REVISED 10/12/94 CI - 3 Insurance Requirements Page 4 [XI Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 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 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. [XI Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an AAA00350 REVISED 10/12/94 Cl - 4 Insurance Requirements Page 5 "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. [ I Fire Damage Legal Liability Insurance d. 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. [ l 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. AAAM350 REVISED 10/12/94 CI - 5 Insurance Requirements Page 6 ATTACHMENT 1 (XI Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: A. Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.01 1(44) for all employees of the contractor providing services on the project, for the duration of the project. AAA00350 REVISED 10/12/94 Cl-6 Insurance Requirements Page 7 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. .41 E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. AAAW350 REVISED 10/12/94 Cl - 7 Insurance Requirements Page 8 I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and 1b) 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 AAA00350 REVISED 10/12/94 Cl - 8 Insurance Requirements Page 9 (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor: does not remedy the breach within ten days after receipt of notice of Breach from the governmental entity. AAA00350 REVISED 10/12/94 Cl - 9 Egan/Panhandle Area Water Line Replacement WORK DAYS 80 BID NO. 1799 PO NO. 1 BID TABULATION SHEET ITHM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 2.12-A 6" Water Line 8,340 LF $ °� $ ZDO/GO.°= Unit Price in Words: / ee2_y I/LF (�AJLL G�a�L9� ✓3tA L�?�rtaJ 0 2. 12-B 8" Water Line 634 LF $ Z/ oo /LF $ /9 4$U,K' Unit Price in Words: 4<�k.(;(.Q`C a&a.) ✓xx /(—; rri 2.12-C 4" Water Line 175 LF $ Z2°o /LF $ 395600 Unit Price in Words: 6.4-A 10" Bore & Pressure Grout 35 LF $ / 20!O/LF $$ 51a00. °D Unit Price in Words: ( wndAt,�, &ptxtf 2.16-A 3/4" Water Service (Public) 139 EA $ 600oo/EA $ 21 �QDt° Unit Price in Words: 2.16-B 3/4" Water Service (Private) 13,401 LF $ /0 O° /LF $/3 Unit Price in words: �t�✓ �� �1C o n 2.16-C 2" Water Service (Public) 2 EA $ gDO"lo/EA $ (Q D©s Unit Price in Words: D� &7kt 4"Ldre� �✓h O 2.14 Fire Hydrant 14 EA $ /%o0010/EA Unit Price in Words: o"-d- 4,� A d /ko SP-44 Remove Fire Hydrant 7 EA °/EA $, $a$Dp,°= Unit Price in Words:��(�G�xa�� n404) ✓1�l� �P�rC �d� SP-40A Cut & Plug Water Line 18 EA $ 5C0!9/EA $1?6 DO so Unit Price in Words: � -4 O 2.13.1-A 6" Valve 23 EA $ g0,D�!!0/EA $ gD0'0 am Unit Price in Words: JStJ ��� dt4�, U 2.13.78 Valve 1 EA $ 5, :&,v /EA Unit Price in Words: w Y - 3 Egan/Panhandle Area Water Line Replacement WORK DAYS 80 BID NO. 1799 PO NO. 2 BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3-B Remove Concrete Curb & Gutter 50 LF $ 6 /LF $ 3D0 o-0 Unit Price in Words:�� 3-A Remove Concrete Pavement 6 SY $ /SY $ o0 lao— Unit Price in Words: ��� 8.2-A Concrete Curb & Gutter 50 LF o0 $ 500 — Unit Price in Words:) L���LaJ9-aJ 5.8-A 6" Concrete Pavement 6 SY $ 40 o /SY $ a Ono Unit Price in Words: `� ��d'(�Ia/t-a� ✓k�o t'-�iit-cam SP-2 Toncrete Saw Cut 28 LF $ q op /LF $ r12 po Unit Price in Words: 3.9 Sod 440 SY $ (�� /SY $352,0Q0 Unit Price in Words: 7(O SP-42 Remove Valve Stacks 21 EA $ IZOoO/EA $a5� 00 Unit Price in Words: SP-43 Asphalt Saw Cut 11,088 T LF $ �oo /LF $IiQg� elo Unit Price in Words: ^�/ n n 74-o 1.21 Contractors Warranties & Understandings -- LS SZO °�' Unit Price in Words: `� O-ZffcO�Gto�c�vr�6( u�w 8.1 Barricades, Warning Signs and Detours -- LS $ 4/'Oe0 19 $ I -Doe) P9 Unit Price in Words: lkutJ.it�� C�QiitJ��t� 3.1 -F- Preparation of Right -of -Way -- LS $ as Fs Unit Price in Words: 11 P - 4 Egan/Panhandle Area Water Line Replacement WORK DAYS 80 BID NO. 1799 PO NO. 3 BID TABULATION SHEET ITEM I DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL SP-10 Rock Excavation 50 CY $ 30'� /CY $ no Unit Price in Words: s($OO G�2oJ ✓yt p c�x�t�+-ev SP-37 Excavation Protection 900 LF $ /LF $ 9do °O Unit Price in Words: 3.12 Temporary Erosion Control -- LSS $ /DO©°O/LS $1�DO Unit Price in Words:��� �D�Q7-SILO SP-39 Project Signs 2 EA $�eP/EA $ ?p0°O Unit Price in Words:��� �txGa�LC SP-46 Misc. Sprinkler System Adjustments -- LS $ /OOpO° /LS $ / DDD &0 Unit Price in Words:kd�gq,K� 2.12.8 Ductile Iron Fittings 2,850 LB $ �/Q /LB $ Z Z5 o0 Unit Price in Words: —XO TOTAL $ 5'�2,Zo9 Ob --T Total Price in Words: �°L 4-0 .a S P - 5 WORK DAYS 50 BID NO. 17gq Egan/Panhandle Area Sanitary Sewer Replacement PO NO. 4 BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 2.12-C 8" Sanitary Sewer 3,384 LF $ 5o,Q0 /LF $f(o9 SOD, Unit Price in Words: e-� 2.12-1) 6" Sanitary Sewer 8 LF $ SO.ov /LF $ �IOO. co Unit Price in Words: 1/' -4t0 J c� SP-45 Trenchless Rehabilitation 979 LF $ 160.00/LF $97g60.60 Unit Price in Words: s4tt-j `ia4td' L dA-1 � —/Xz CLt 6.4-B 12" Bore & Pressure Grout 662 LF $ /SQ(X/LF $9g300.ao Unit Price in Words: 61XV , vzm h0 SP-43 Asphalt Saw Cut 2,298 LF $ /LF $ Zq� Unit Price in Words: , �iytzJ G�/c/ ./k OdJ WS-17 Sewer Service 96 EA $ 706 O6EA $472an ct Unit Price in Words: SP-40.B Cut & Plug Sanitary Sewer 13 EA $ 500,0.o/EA $ 9 00 Unit Price in Words: 7.6-A 4' Diameter Manhole 15 EA $ 1 500 cdEA $ Unit Price in Words: !2,�So��D°. 4-0 CJ�/C�ll / /,;� _GGPi(LutR� SP-41 Remove Manhole 1 EA $ d)4D. 6,,6EA $ Unit Price in Words: A.C. v ./hz 0-.� 7.6-B Rebuild Manhole 3 EA $ /5O0AF 4S00 Unit Price in Words: t xJ �+ wv$ 3-B Remove Curb & Gutter 4488 LF(f �D op/LF $ q go Unit Price in Words: -x t la Egan/Panhandle Area Sanitary Sewer Replacement WORK DAYS 50 BID NO. 1799 PO NO. 5 BID TABULATION SHEET ITEiI DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3-C Remove Concrete Walks & Drives 22 SY $ S,C�D /SY Unit Price in Words: ✓K,0 e-2���`� 8.2-A Concrete Curb & Gutter 36 LF $ /D 00/LF $ 3�D Unit Price in Words: 8.3-B 6" Concrete Driveway 6 SY $ �O _ sy GM $ Unit Price in Words: 4" Concrete Sidewalk t1q SY $ �jaSY $ Unit Price in Words: :I P Concrete Saw Cut 109 LF Unit Price in Words:J �9 3.10.3 Seeding 3,104 SY $ a Ott/SY Unit Price in Words: SP-37 Excavation Protection 2,324 LF $ /LF / ©D 'A Unit Price in Words: SP-10 Rock Excavation 50 CY $ 30 6!)/CY $ Unit Price in Words: SP-39 Project Signs 1 EA $ 35D.06EA $ Unit Price in Words: ✓%Lo 1.21 Contractors Warranties, and Understandings -- LS $�5AS 3/! $ .q5•3/I.Oo Unit Price in Words: �4LG�y�.2- elneC p 8.1 Barricades, Warning Signs and DetoursFC}pLS -- LS $ ,�O�p• UO Unit Price in Words: EM P - 7 Egan/Panhandle Area Sanitary Sewer Replacement WORK DAYS 50 BID NO. ice_ PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3.1 Preparation of Right -of -Way __ LS $ %C%OD.OdLS S �Qr� Unit Price in Words: �� ,�� �./ ,,, QJ✓YL-O cue.-�t� 3.12 Temporary Erosion Control -- LS 5 500, (SICr'S S 500. vo Unit Price in Words: J 11 l B J-lJ SP-8 Abandon Manhole 5 EA $ Lf000. 06 Unit Price in Words: G'Lt SP-46 Misc. Sprinkler System Adjustments -- LS $ S $ Unit Price in Words: SP-4 Lower Water Lines 2 EA 0(900 Unit Price in Words: TOTAL $ 53 J, Sas, o0 Total Price in Words: `�� a7: L�el U v -� &Z-A:t� ALTERNATE BID ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 2.12-C 8" Sanitary Sewer 3,662 LF $ �7Q,00/LF $ 5'3, I(?c7O Unit Price in Words: SP-45 Trenchless Rehabilitation 01 LF $ /00,00 /LF $ 70,106).04 Unit Price in Words: © E TOTAL $ z 5-3, zoo. oo Total Price in Words: .0 L) BID SUMMARY TOTALPRICE IN WORDSJai 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. _ l — CONT BY �x 3 , -- O y-14 St et Address ^7 to �- City and State Seal & Authorization 3�2 - �j (If a Corporation) `zJr U Telephone B - 1 BID SUMMARY ESCRIPTION WORK DAYS BID PRICE e Relocations F 80 $ 5'liz, Z09.00 Sewer Relocations 50 $53� o0 L 130 $ / 073 7Vy. oo Alternate Sanitary Sewer No change in days $ 253,ZdD,pQ The water and sewer portions of this project are being separated for bookkeeping purposes only. Award of the bid will be based on the total bid. One hundred and thirty (130) work days will be allotted for the total project and will not be kept separately for each portion. B - 2 OCT.-19195(THU) 08:50 RAMEY & KING TEL:1 817 243 1050 P.001 AMP O M RAMEY A IONG INSURANCE aw S. Imr, SOT* A Denton TX 7005-78S THIS CERTIFICATE IS ISSUED AS A MATTER OF BiFORMATiON ONLY ANO CONFERS NO RIGHTS UPON THE CER"TFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE c CohrAm A The ThNokm Irulrallee ......... ............... ........................... _.................... ..........._............ ........ _....< COUPANY Lk7TF3i NS(DRLD JMC66-15011* COMMy k* i � C 13111 Cheek P O Box 25D Denton m rTD TX 707a2 Lkri ODWANY E LffM THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEf3N ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTIHSTANDINQ ANY REQUIREMENT. TEiMA OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY RE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORD® I3Y THE POUCIES DE9CIMSED HEREIN IS SUBJECT TO ALL THE TEFm% EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. UMITS SHOWN MAY HAVE SEEN REDUCPD BY PAID CWM& ._........................ .......... .......... ........ -......... .......... __........ _...... _--._...._.........__....... ....................._.....,......................-....-......-.. ............._............... -..... ... ... .................. __.... OD! TYPE OF HOURNiCE POLGY NUMBER �..... ': POLILY 5"mm 00LICY EWMTION i le1TB DATE MMOOD" i 0A1EQA4M WM —.:--...._..._..._......_---------------------- _.-........._._:.........-------... ................ ............ 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PROJEONAL T01GA C: OW NHANDL 77W.E E AREA UTILITY REPLACEMEW (ITEM !ij SHOULD ANY OF THE ABOYE DESCRIBED POUCIES BE CANCELLED BEFORE THE E64MIKN DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CRY OF DENTON MAIL 300 DAYS WRITTEN NOTICE TO THE CWnRCATE HOLDER NAMM TO THE L07L BUT FAMLIIIE TO MAIL SUCH NOTICE SHALL. IAPOSE NO OBUGATION OR MUNICIPAL BUMNO DENTON TX 74M OF ANY RONO UPON THE PANY. ITS AGENTS OR REPRESENTAWM ATAIE / OCT 19 195 00:54 1 017 243 1050 PAGE.001 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON 5 THIS AGREEMENT, made and entered into this 19 day of SEPTEMBER A.D., 19 95, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V..JJARRELL thereunto duly authorized so to do, hereinafter termed „OWNER," and DICKERSON CONSTRUCTION BOX 181 C MINA, TEXAS 75009 of the City of CELINA , County of COLLIN 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 # 1799 - EGAN/PANHANDLE AREA UTILITY REPLACEMENT (ITEM 42 in the amount of $436,002.00 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 accordance with the plans, which includes all maps, plats, CA - 1 blueprints, and"othe-r drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON ENGINEERING AND TRANSPORTATION 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 tin« 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. ATTEST: ATTEST: AAA0184D Rev. 07/28/94 CA - 3 DICKERSON CONSTRUCTION CONTRACTOR ceLin..*_7x 7-gwv2 MAILING ADDRESS 2 "Y�- 3.P2_ PHONE NUMBER ? r`fr 3�� zo f3 FAX NUMBER BY - 1'0A /TITLE'\ h.Elu.3 V;cke.Wp.✓_ PRINTED NAME (SEAL) I M P O R T A N T N O T I C E 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, TEXAS 78714-9104 FAX irl (512) 475-1771 PR- =UM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CmATM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST- IF THE DISPUTE 'T_S 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. PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § Bond No. 200517 KNOW ALL MEN BY THESE PRESENTS: COMPANY, INC. That DICKERSON CONSTRUCTION of the City of CELINA County of COLLIN , and State of , TF(AS as PRINCIPAL, and HARTFORD CASUALTY INSURANCE COMPANY , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON as OWNER, in the penal sum of FOUR HUNDRED THIRTY S7x THOUSANn Twn and . DQ/100--- Dollars ($ 436.002_no ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 19 day of SEPTEMBER , 19�(3s , for the construction of BID #1799 - EGAN/PANHANDLE AREA UTILITY REPLACEMENT (ITEM #2) - which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - 1 PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same; shall in any way 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 19TH day of SEPTEMBER 19 95 ' DICKERSON CONSTRUCTION COMPANY INC. Principal By_'Z Title A* a Address: P.O. BOX 181 CELINA, TEXAS 75009 214/382-2123 (SEAL) HARTFORD CASUALTY INSURANCE COMPANY Surety EDNARD L. MOORE Title ATTORNEY -TN -FA N Address: P.O. BOX 4611 HOUSTON, TEXAS 77210-4611 713/540-1555 (SEAL) The name and address of the Resident Agent of Surety is: F,LSEY & ASSOCIATES SURETY/INSURANCE ACTCY INC 8820 WILL CLAYTON PRWY. HUMBLE TEXAS 77338 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D Rev. 07/28/94 PAYMENT BOND STATE OF TEXAS S COUNTY OF DENTON S Bond No. 200517 KNOW ALL MEN BY THESE PRESENTS: That DICKERSON CONSTRUCTION COMPANY, INC, of the City of CELINA County of COLLIN , and the State of _ TE A. as principal, and HARTFORD CASUALTY INSURANCE COMPANY authorized under thb laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF DENTON , OWNER, in the penal sum of FOUR HIINDRED THIRTY SIX THOIISAND TWO and no/100 Dollars ($ 4�6.00 00 for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 19 day of sEPTEMBER 19 95 BID #1799 - EGAN/PANHANDLE AREA UTILITY REPLACEMENT (ITEM #2 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 19TH day of SEPTEMBER 1995 . .. DICKERSON CONSTRUCTION COMPANY, INC. Principal By,�-� Title All J. Address: P.O. BOX 181 CELINA, TEXAS 75009 214/382-2123 (SEAL) HARTFORD CASUALTY INSURANCE COMPANY Surety BY: EDWARD L. MOORE Title ATTORNEY -IN -FACT Address: P.O. BOX 4611 HOUSTON, TEXAS 77210-4611 713/540-1555 (SEAL) The name and address of the Resident Agent of Surety is: E-1.9 Y f ASSOCIATES SURETY/INSURANCE AGENCY INC 8820 WILL CLAYTON PRWY., HUMBLE, TEXAS 77338 AAA0184D Rev. 07/28/94 PB - 4 MAINTENANCE BOND THE STATE OF TEXAS S COUNTY OF DENTON S Bond No. 200517 KNOW ALL MEN BY THESE PRESENTS: That D'ICRER_-qow CYW-gTRnrmrnrf COMPANY, INC. as Principal, and HARTFORD CASUALTY INSURANCE COMPANY a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of�Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of FoRTv THgPF THOUSAND SIX HUNDRED and 20/100--- Dollars ($ 43,600,20 ), ten (10%) percent of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said DICKERSON CONSTRUCTION COMPANY, INC. has this day entered into a written contract with the said City of Denton to build and construct _BID #1799 - ECAN/PANHANDLE AREA UTILITY REPLACEMENT (ITEM #2) which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and; WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in ��1 accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said DICKERSON CONSTRIICTION COMPANY INC. as Contractor and Principal, has caused these presents to be executed by and the said HARTFORD CASUALTY INSURANCE COMPANY as surety, has caused these presents to be executed by its Attorney -in -Fact EDWARD L. MOORE and the said Attorney -in -Fact has hereunto set his hand this 19TH day of SEPTEMBER 19 95 SURETY: PRINCIPAL: HARTFORDDC�CC�AASUALTY INSURANCE COMPANY BY • _ ED:VRD L . MOORE Attorney -in -Fact AAA0184D Rev. 07/28/94 DICKERSON CONSTRUCTION COMPANY, INC. BY: Pu, (TITLE) MB - 2 HARTFORD CASUALTY INSURANCE COMPANY EXECUTIVE OFFICE: Hartford, Connecticut POWER OF ATTORNEY Know all men by these Presents, That the HARTFORD CASUALTY INSURANCE COMPANY, a corporation duly organized under the laws of the State of Indiana, and having its Executive Office in the City of Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint RONALD E. ELSEY, BRUCE C. DeHART, EDWARD L. MOORE, REGINA M. CARTER and ROSALYN D. HASSELL of HUMBLE, TEXAS its true and lawful Attomey(s)-in-Fact, with full power and authority to each of said Attorney(s)-in-Fact, in their separate capacity If more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed. --------- --_n--------- —------- —---- ------"—---------- ------------'—�----- and to bind the THE HARTFORD CASUALTY INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD CASUALTY INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attorneys) -in -Fad may do in pursuance hereof. This power of attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of 'the HARTFORD CASUALTY INSURANCE COMPANY at a meeting duly called and held on the 15th day of June, 1988. RESOLVED, that the President or my Vice -President. acting with any secretary Or Assistant Secretary, shelf have power and authority to appolm, for ptapoese ortly M meseeu" and attesting bonds and underinkkrgs and other writings obligatory In the nature thereof, ore or more Resident Yloa•PfedderW, Rae Assistant Secretaries and Atpxhey&in•Fvct and at any time to remove any such Resident VAas-Prnident Resident Asdatant Sawa". or Atlomay4nFaeL and revoke tow power and authority given to him. Feel shelf have power and authairy, subject to the temq and limftadon, of the power of attorney issued to them, to execute and deliver on beftaffolthe Company and to attach the seal of the Company thereto arty and all bonds and undertakings, and other writings obliga in the nature Ease) A any such by one � aez>�led by am such AltOmey-in.Fad shall be as binding upon the Company as if signed by an Officer and RESOLVED, that. Robert N. H. Stoy,O, ffi�a%t Vito-Presidant. shad have, as long as he holds such othce, the same powers as any Vke.PrBeldent pufwam to the preoldffg Resolution. RESOLVpEwD, thaL whereas the President or arty Viice*midam, acing with arty secret er Assistant Secretary• has the power and wthoriy, to appoint by a one or more Retiaant Vl f isp idxns Assi teattorney, lot purposes rn Secretry ss anof exotaitirg ndd At un�ib F uMenekkps, and ender wdtkgs OCUgetory in the nature Hereof, act Now therefore. the signatures of well Officers and the deal of Me Company may be affixed to any Such power of attorney or to any caftircate relating thereto by fawimile. and any such power of attorney or cladfk:ars bearing Such faosunile Signatures Sur facsimile seal shall be valid and binding upon the ConlpaM and any such power so executed and certffed by facsimile signatures and fagilrele Seal shall be valid and binding upon the Company in the funds 'th respect to any bond or undertaking to which it is attached. RESOLVED, Mat. Robert N. H. Saner, Assistant vko•President. may, as long as he halls such office, elfin his signature by facsimile pursuant to and with the same 6118a as Mat granted to V itwPreaiderus under Me preoedug Resolution. In Witness Whereof, the HARTFORD CASUALTY INSURANCE COMPANY has caused these presents to be signed by Its Assistant Vice -President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 1st day of August, 1990. HARTFORD CASUALTY INSURANCE COMPANY Attest•�` -�►��:Ll�a//'L - �1�7GYIS�r� .;y��lriNg��,y, :CT OPPoM.f •L/ fliWre R. Hermenson, :� at'+�► elf � ice^ Secretary elf '"eu+• yr' STATE OF CONNECTICUT • •" +' Robert N. H. Sener Assistant wee President SS. COUNTY OF HARTFORD On this 1st day of August, A.D. 1990, before me personally came Robert N. H. Saner, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice. President of the HARTFORD CASUALTY INSURANCE COMPANY, the corporation described in and which executed the above instrument: that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. ,ow STATE OF CONNECTICUT Emmett H. Wozniak COUNTY OF HARTFORD } as. °; Notary Public My commission Expires March 31, 1994 CERTIFICATE I, the undersigned, Assistant Secretary of the HARTFORD CASUALTY INSURANCE COMPANY, an Indiana Corporation, DO HEREBY CERTIFY that the foregoing and`dttgghed POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that the Resolutions of the Boar pf Directors, set forth in the Power of Attorney, are now in force. Signed and sealed at the City of Hartford. ; gated the V14—TH day of SEPTE 4BER- 19 95 -, ;;•PITY INs�j9.,'•' David A. Johnson 20 Mora.• s Assistant Secretary Form S•35o7.6 (HC) Printed in U.S.A.-..ybG*ha+` 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 AAA0035o REVISED 10/12/94 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. 41 • • 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 of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. MIW0350 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: [XI 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. AAA00350 REVISED 10/12/94 CI - 3 Insurance Requirements Page 4 [XI Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 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 operation, maintenance and use of all automobiles and mobile equipment used in conjunction with t-his 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. [XI Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ) Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an AAA00350 REVISED 10112/94 Cl - 4 Insurance Requirements Page 5 "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. Professional Liability Insurance Professional liability insurance with limits not less than with respect to negligent acts, errors or omissions professional services is required under this Agreement. Builders' Risk Insurance per claim in connection with Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. Additional Insurance Other insurance may be required on an individual basis for extra 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 Cl - 5 Insurance Requirements Page 6 ATTACHMENT 1 (X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: .. Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. AAA00350 REVISED 10112/94 Cl - 6 Insurance Requirements Page 7 C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. .. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. AAAM350 REVISED 10/12/94 Cl - 7 Insurance Requirements Page 8 The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; A. (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and 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 AAA00360 REVISED 10/12/94 CI - 8 Insurance Requirements Page 9 (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor: does not remedy the breach within ten days after receipt of notice of 13reach from the governmental entity. AAA00350 REVISED 10/12/94 Cl - 9 Evan/Panhandle Area Water Line Replacement WORK DAYS 80 BID NO. 17QQ PO NO. 1 BID TABULATION SHEET ITSK DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 2.12-A 6" Water Line 8,340 LF $ j3 /LF $ G4 195. XA Unit Price in Words: 2.12-B 8" Water Line 634 LF $ /LF $ Unit Price in Words: 2.12-C 4" Water Line 175 LF $ /LF 40• i R $ 7 oon's„ Unit Price in Words: 6.4-A 10" Bore & Pressure Grout 35 LF $ /LF $ Soo. — Unit Price in Words: 2.16-A 3/4" Water Service (Public) 139 EA $ /EA 350 $ 48 (.so. ✓, Unit Price in Words: 2.16-13 3/411 Water Service (Private) 13,401 LF $ /LF $ Unit Price in Words: 2.16-C 2" Water Service (Public) 2 EA $ /EA I5oc. F. $ Unit Price in Words: 2.14 Fire Hydrant 14 EA $ /EA ISoo. �x $ 2r,000.71, Unit Price in Words: SP-44 Remove Fire Hydrant 7 EA $ /EA Soo, x R $ 3 s.00. ;:A Unit Price in Words: SP-40A Cut & Plug Water Line 18 EA $ /EA $ Unit Price in Words: 2.13.1-A 6" Valve 23 EA $ 450• /EA ;� x $ io 35a K� Unit Price in Words: -B E 8" Valve 1 TTA 1 $ /EA *1 Do. � x $ 1 on. -VA Unit Price in Words: P - 3 Egan/Panhandle Area Water Line Replacement WORK DAYS 80 BID NO. 1799 PO NO. 2 BID TABULATION SHEET TEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL F Remove Concrete Curb & 50 LF $ /LF $ Gutter Unit Price in Words: 3-A Remove Concrete Pavement �• �. 240. �� Unit Price in Words: 8.2-A Concrete Curb & Gutter 50 LF Unit Price in Words: 5.8-A 6" Concrete Pavement E ]7-J-FT $ /SY $ 40. x. Unit Price in Words: SP-2 Concrete Saw Cut 28 LF $ /LF $ _ Unit Price in Words: 3.9 Sod 440 SY $ So /Sy $ 2 Y X �00. X1 Unit Price in Words: SP-42 Remove valve Stacks 21 EA $ /EA $ 2m .2X 4.7 oa v Unit Price in Words: SP-43 Asphalt Saw Cut 111088 LF $ /LF $ oa Unit Price in Words: 1.21 Contractors Warranties & -- LS $ /LS $ Understandings �o dab. a X i 0 000 ✓� Unit Price in Words: 8.1 Barricades, Warning Signs -- LS $ /LS $ and Detours -ISM YA -75ao- 7 Unit Price in Words: 3.1 Preparation of -- LS $ /LS $ Right -of -Way Sook Unit Price in Words: P - 4 Egan/Panhandle Area Water Line Replacement WORK DAYS 80 BID NO. 1799 PO NO. 3 BID TABULATION SHEET ITzK DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL SP-10 Rock Excavation 50 17CY $ 2S. /CY �A $ ( Zsa.rw Unit Price in Words: SP-37 Excavation Protection 900 LF $ oo /LF 1. $ 900. Unit Price in Words: 3.12 Temporary Erosion Control -- LS $ /LS SOO. �ei $ Sca d A Unit Price in Words: SP-39 Project Signs 2 EA $ /EA $ Unit Price in Words: SP-46 Misc. Sprinkler System Adjustments -- LS $ /LS I,OOo sz $ �,ouo i;r Unit Price in Words: 2.12.8 Ductile Iron Fittings 2,850 LB $ So /LB 2.1 $ Unit Price in Words: TOTAL $ S44 444, r,, Total Price in Words: k-,L kQ"i Atl Ow.� �N.,J O�s�A.�.l �p lti �J.ti, ti� ,K4 ,Co Dot(&A). I 11 WORK DAYS 50 BID NO. 1749 Egan/Panhandle Area Sanitary Sewer Replacement PO NO. 4 BID TABULATION SHEET ITEM I DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 2.12-C 8" Sanitary Sewer 3,384 LF $ 5� /LF 5I, $ Unit Price in Words: 2.12-D 6" Sanitary Sewer 8 LF $ /LF I40. tx $ Unit Price in Words: SP-45 Trenchless Rehabilitation 979 LF $ '10. /LFT$68,534, xx a`n Unit Price in Words: 6.4-B 12" Bore & Pressure Grout 662 LF $ /LF loa. az $ GC 1200. KA Unit Price in Words: SP-43 Asphalt Saw Cut 2,298 I TI. LF $ pe /LF $ 2,298. vA Unit Price in Words: WS-17 Sewer Service 96 EA $ /EA 390. «. $ 37,44o, Unit Price in Words: SP-40.B Cut & Plug Sanitary Sewer 13 EA $ /EA $ Unit Price in Words: 7.6-A 4' Diameter Manhole 15 EA $ /EA I Soo.i, $ 22 Soa '<. Unit Price in Words: SP-41 Remove Manhole 1 EA $ /EATT�, I$oo,'a. Soo. t.c Unit Price in Words: 7.6-B Rebuild Manhole 3 EA $ /EA l Soo.4,Soo. $ JA Unit Price in Words: 3-B I Remove Curb & Gutter 48 LF T $ _ /LF $ �j Unit Price in Words: P - 6 Eoan/Panhandle Area Sanitary Sewer Replacement WORK DAYS 5 BID NO. 1799 _ PO NO. _5 BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3-C Remove Concrete Walks & Drives 22 SY $ /SY $ Unit Price in Words: 8.2-A Concrete Curb & Gutter 36 LF $ /LF lo. vA $ 360. �. Unit Price in Words: 8.3-B 6" Concrete Driveway 6 SY $ /SY 4O• s.r. $ 29.�• v., Unit Price in Words: 8.3-A 4" Concrete Sidewalk 19 SY $ /SY $ Unit Price in Words: SP-2 Concrete Saw Cut 109 LF $ /LF $ _ S4S. Yn Unit Price in Words: 3.10.3 Seeding 3,104 SY $ 2� /SY $ Unit Price in Words: SP-37 Excavation Protection 2,324 LF $ o_ /LF $ Unit Price in Words: SP-10 Rock Excavation 50 CY $ /CY $ 2ro. Unit Price in Words: SP-39 Project Signs 1 EA $ /EA $ Unit Price in Words: 1.21 Contractors Warranties, and Understandings -- LS $ /LS •060, 7w $ Unit Price in Words: 8.1 Barricades, Warning Signs and Detours -- LS $ /LS 2500.ir $ Unit Price in Words: P - 7 Egan/Panhandle Area Sanitary Sewer Replacement WORK DAYS 50 BID NO. 1T99 PO NO. f BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3.1 Preparation of Right -of -Way -- LS $ /LS 10,Oo0. (y $ 10, pOp Vn Unit Price in Words: 3.12 Temporary Erosion Control -- LS $ AS $ Unit Price in Words: n Abandon Manhole 5 EA $ /EA $ Unit Price in Words: SP-46 Misc. Sprinkler System Adjustments -- LS $ /LS 2ioo. y $ 2,$�d• y Unit Price in Words: SP-4 Lower Water Lines 2 EA $ /EAFs-�%- Soa• 7v q.. Unit Price in Words: TOTAL $ :Total Price in Words: tt �I- ' I {I �JA Y� CV`��i.T � S, K�"V1 L1 .�iA .`i l,j0 ( �-171�� ALTERNATE BID ITEM DESCRIPTION QUANTITY UNIT UNITPRICETOTAL 2.12-C 8" Sanitary Sewer 3,662 LF $ /LF1 $ 1-1,410. 1, Unit Price in Words: SP-45 Trenchless Rehabilitation 701 LF $ 70.Yti q9. OD. rk Unit Price in Words: TOTAL $ 2So, 480• Kti Total Price in Words: 1 IWO �un�h t� •4. j� �9J�Aii �"•+ ry•'wtAk r' �l bo fGrL DESCRIPTION F549, WORK DAYS BID PRICE Water Line Relocations 80 $ 444. Sanitary Sewer Relocations so $ 43t., ooz. F. TOTAL 130 $ q $S 446. a. Alternate Sanitary Sewer No change in days $ 250,48o z., The water and sewer portions of this project are being separated for bookkeeping purposes only. Award of the bid will be based on the total bid. One hundred and thirty (130) work days will be allotted for the total project and will not be kept separately for each portion. B - 2 BID SUMMARY TOTAL BID PRICE IN WORDS �I1' NG �� ,� �nF1 C 5�{�• ur `�4�0.>>►,.! �� p�u n. A� 'I 00 ...Q,�-S.a 0o1 AI 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. L.- c act QSo N ��,� • (o . 1, , CONTRACT R BY ,&. V isi Street Address 2r1;,-A,7t_;x,4j %tool City and State Seal & Authorization (If a Corporation) 214-38z-z/Z3 Telephone B - 1 _OCT 23 '95 11:48AM LIBERTY MUTUAL %S,INFSS SALES P.2i2 e tea Ot insurance Tms CW nF1CATE Ili ISSUED AS AMA ITER OF rNNUKAATION ONLY AND CONFERS NO RICIM' Ul'UN YOU T1 fr,. cEx rtetcATF I i(N.UER. T14f5 cT R riNCATE t5 NOT AM lNgt1RAN[-h Poi 'C1' ANU L)OFS NOT AMhNO, EXTEND. OR ALTER n 11; COVERAGE AFFOKULD BY TI rG I'MICiL5 LSTV0 efu)W. s Is to CdMfy that DICKERSON CONSTRUCTION COMPANY, INC. 5 IMRSON EQUIPMENT COMPANY CELINA READY•MIX, INC. 13DO NORTH LOUISIANA CELINA, Tx 77oos Is, at the issue date of this certificate, insured by file Company under the polV(esj ielod below. The insurance aftled by the fisted po�y(les)} Is sut>(eLt to eli tllelr terms, eXdusions and ooro ill" and is not altered by any raqu nImOnt, teen br txxlr7tCon of any contract or other document Win respect to h this certificate may be Narne and f - — address of Insured. D EXP.DATE • ❑ CONTINUOUS TYPE OF POLICY ❑ EXTENDED POLICY NUMBER LIMIT OF LIABILITY 0 WORKERS 3/5/96 W07-191-409705- 75 rOvEaAGEAFFORDED UNDERWC LA OF THE FOLLOWING STATES: EMPtOYERSUABu1TY Bodily Injury By Aoddad Each COMPENSATION W $100,000 Acdde l Bodiy Iriury By D'tseBSO Policy $5D0,000 Limit Limit Hod'ly Injury By Disease $100,000 Each Person ���mg*-����9d� GENERAL 2/20/96 YY1-191-409705-015 $2,000,000 LIABILITY PrOduOISCompletetl Operatlarrs; AgWWW © OCCURRENCE $2,000,000 ❑ CLAIMS MADE Bodily Injury and Prapertv Damage LiabllitV Per $1,000,000 OOcutrivIcs Personal end Advertising Irwry Per PersoN RETRODATE $1,000,000 Organi allon Olher Otlter AUTOMOBILE 911/96 A82-191-409705-035 $1,000,000 B.I. n dP.D.CAnddent ribinelJmit B.I. and P.D.Conlbkted LIABILITY • Q'C OWNED Each Person Each Accident or000ungnce © NON -OWNED Each Accident orOocLarerrce ® HIRED OTHER 6116/96 MS2-191-409705-063 HIRED EQUPMENT ENDORSEMENT PER PIECE $300,000 CONTRACTOR'S EQUIPMENT ADDrnONAL COMMENTS BID #1799 PROJECT: EAGANIPANHANDLE AREA UTILITY (REPLACEMENT) ITEM It 2 ADDITIONAL INSUPED - CITY OF DENTON F ' It the certifcate eyplration date Is cWtlnUOUS Or W11IM11e4 term, you W' De no m if covoruye a rommmtnu v •ow•.w �o•.••v wo w•�•,a.- ow• �••y• •-- AN APPPPUCAnONE OR MILES A GWM OGNTAJWITHWND A FALSE OR D COMW STLV OR ATETEh�/T 1B WING GUILTY OF tNSUIS ARANCE FRAUD. AGAINST AN INSURER, SUBMITS NOTICE OF CANCELLATION: W APPLICABLE UNLESS A NUMBER OF DAYS 13 ENTERED BELOW.) BEFORE 'Liberty Mutual Group THE STATED EXPIRATION DATE THE OOWAW VALL NOT OANCOL OR REDUCE THE INSURANCE AFFOROE� pAM p���j Ir k �! A UNDER THE ABDVEPOLICIES UNTIL ATLEAST 3D DAY$ 6 1 a NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: CEMIWATE CITY OF DENTON HOLDER 901 B TEXAS DENTON, TX 76201 L— G-YDE=NA M. AKIN AUTHORIZED REPRESENTATIVE IRVING, TX. JL (214) 560-7899 10/23/96 OFFICE PHONE NUMBER DATE ISSUED This cernrica to i+execvted t y LIBERTY MUTUAL CROUP ar respect: such insurance as it afforded by Those ComP.•niae B5 772L R2 OCT 23 '95 11:50 214 550 0361 PAGF.002