Loading...
HomeMy WebLinkAbout1989-036AN 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 hereinbelow 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 therefore, 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 BIQ NUMBER CONTRACTOR AMOUNT 9937 Atkins Bros Equipment Cc $362,249 9951 Cummins Supply Company $172,965 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, 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 7th day of March, 1989 i L�:/rr r 4,3 . a • ATTEST Qay) fitL?& h1a) -4 "NITIVALTERS, CITY SECRETARY PROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY BID2 DATE MARCH 7, 1989 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID#k 9937 - 1988 C I,P UTILITIES INCLUDING 6" WATERLINES ON FOWLER, CAMPBELL, WOODFORD, MONTERREY, WILSHIRE, AND BRIARCLIFF STREETS 4" WATERLINES ON NOBLE AND CHARLES STREETS 10" WATERLINE ON DALLAS DRIVE AND 8" SANITARY SEWERLINE ON STRAUD STREET RECOMMENDATION we recommend this bdbe the awardedoto$thelow 9 bidder, Atkins Brothers Equipment Company, n SUMMARY: This bid was sent to our complete bid list of water and sewerline contractors and we received four bids The bids received were in line for three vendors, however, the fourth bid was extremely high This bid has been reviewed and the bid is in line with estimates BACKGR2END Tabulation Sheet, Utility Department and Utility Board Recommendations, and a Memo from the Engineering Department PROGRAM$, DEPARTMENTS OR GROUPS AFFECTED Utility Department and Citizens of Denton FISCAL IMPACT There is no additional impact on the General Fund Respect ly/submit d v Lloyd arrell City Manager Prepared by NPUMACM � 1 Purchasing Agent Approved old'3 Marshall +�:9I�ii� /� 005 DOC i �ii mi eli e) I I xl QI �^1 I 1 I Mbl 1 I ml I I i 1 1 I I I 1 I _I 1 I I 1 I 1 1 Q) 1y RI O M WM R) i m ri rr- sSri nli i �i c i m m m m r m m A T 1 I al + gy m T C t I Rl I O I � 1 Ci 1 �1 I 1 m m E1 m _T Ili I 3 1 I ^f) T 1 1 v ~ 1 1 1 1 O 1 1 I I ! I 1 1 I I 1 1 1 I I 1 1 1 I Al 4! h) L D 4� r N P D O 1 _1 1 .prop -1 I n A .gyp! O -D m 1rA m IJ I Z I 1 1 � I 1 .pp A d 1 4! N m 1 ^D V b I O N N V O 41 D 4! A N 1 I Ry O 1 1 r) m i i cam. r p RI 1 17 y 4q! 4) r 41 W 4D�1 4 1 _ CONTRACT AGREEMENT e STATE OF TEXAS S COUNTY OF Denton S THIS AGREEMENT, made and entered into this 14 day �c j. of March A.D., 1989 , by and between The City of Denton Texas of the County of Denton and State of Texas, acting through Lloyd V. Harrell thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and Atkins Bros. Equipment Co. 918 W. Marshall Grand Prairie, Texas 75051 of the City of Grand Prairie , County of nallac and state of Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, l the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: R4,14 QQ17 IQRQ rTP Titilitiac S162_249.00 PO# 89560 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 said construction, 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 Bonda, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore,as prepared by City of Denton Engineering Department all of which are made a part hereof and collectively evidence and constitute the entire contract. CA - 1 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 witnin the tim.: 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 corms a part of this contract, such payments to be subject to the General ana Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year ana cay first above written. APPROVED�3 T FORM: City Attorney of Denton Texas of/the First' Part, Llo V. Harrell Cid ty onager (SEAL) Atkins Bros. Equipment Co. CA - 2 ( SEAL ) PERFORMANCE BOND STATE OF TEXAS S COUNTY OF Denton $ KNOW ALL MEN BY THESE PRESENTS: That Atkins Brothers Equipment Co. of .the City of Grand Prairie County of Dallas , and State of Texas ,as principal, and West American 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, Texas , in the penal sum Of Three Hundred Sixty Two Thousand Two Hundred FortyNineDollars&no/10 ($362,249.00 ) 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 City of Denton, dated the 14 day of March , 19 89 , 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 OP THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform 'said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, 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 Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB - 1 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 anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WBEREOP,' the said Principal and Surety have signed and -%' sealed this instrument this 141:h day of March 19 89 Atkins Bros. Equipment.Co. PRINCIPAL By_L4bd _ Mike Atkins Titlepresident West American Insurance Company SURETY Title Attorney -in -fact ' Address: Atkins Bros. Equipment Co.Addresss Watson Agency 918 West Marshall 9401 LBJ Suite 304 Grand prairie, Texas Dallas, Texas The name and address of the Resident Agent of Surety is: Ray Watson WATSON AGENCY 9401 LBJ Suite 304 Dallas, Tx. PB - 2 CERTIFIED COPY OF POWER OF ATTORNEY WEST AMERICAN INSURANCE COMPANY ADMINISTRATIVE OFFICE, HAMILTON, OHIO No. 369 Xnam All bell by 1134roe Vrrortall.- That WEST AMERICAN INSURANCE COMPANY, in pursuance of authority granted by Article VI, Section 1 of the By -Laws of said Company, does hereby nominate, constitute and appoint: Ray Watson or Fonda Watson - - - - - - - - - - - = - of Dallas, Texas - - - - - - - its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single Instance SIX MILLION - - - - - - - - - - - - - - - -- - - - - - --(s6,000,000.00 - -) Dollars, excluding, however, any bond(s) or undertakings) guaranteeing the payment of notes and Interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorneys) -in -fact. ,,,nxmanp, ,a�°pM ItSyg4,, IN WITNESS WHEREOF, the undersigned officer of the said West American <`W�:'PPoq•'�q�,,:., Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the M:a= said West American Insurance Company thi W z 1923 s ,8 , vke'- �% /��of r y 19 88 ................t............. STATE of oHlo, Asst. Secretary COUNTY OF BUTLER } SS. On this 8th day of February A. D. 19 88 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Thanks W. HiNebran� sst. S Cretar� - - - - of WEST AMERICAN INSURANCE COMPANY, to me persona Thous known to a the In ibi ual and Ulcer descr ed in, and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument Is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. P"�O,ll11AL Sf Irp IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official &pp 4, % Seal at the City of Hamilton, State of Ohio, the day and year first above written. / �V���* g (signed) 5:) — ., Notary Public in and fdi ounty o Butler, State of Ohio kpraamslLmoo My Commission ex s This power of attorney is granted under and by authority of Article VI. Section 1 of the By -Laws of the Company, extracts from which read: ARTICLE VI SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board, the President, any Vice President, a Secretary, or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as a resident Vice President or a resident Assistant Secretary, or to appoint attorneys in fact for the purpose of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of surety -ship or guarantee, and pol- icies of insurance to be given in favor of an Individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America, or to any other political sub- division. This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on April 24, 1980. RESOLVED, That the signature of any officer of the Company authorized by Article VI, Section I, of the By -Laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE I, the undersigned Assistant Secretary of West American Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 1 of the by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this date. ) /'' '✓,/yJ,1�,� q IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this •/. 6J/day o101,11 t1fl D.. 190 5 11sbf"O. 7777 �SS'fff�i 1923 v:t` ti -� ��[iIIrA,, ol..a Assistant Saoretary, S-4300-C 0.80 PAYMENT BOND STATE OF TEXAS S COUNTY OF Denton S KNOW ALL MEN BY THESE PRESENTS: That Atkins Brothers Equipment Co. of the City of Grand Prairie County of Dallas , and the State of Texas as Principal, and West American 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 TtlousanheTCi tVu ofDenton,Denton, Texas, in the penal sum of Three Hundred Sixty Twc Fourty-Nine & NO/100 Dollars ($362,249.00 ) 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 City of Denton, dated the 14 day '•.._� of March 19, 89 , 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 Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it 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 anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 14th day Of Viarch 19 89 Atkins Bros. Equipment Co. y� PRINCIPAL IIBy Mike Atkins Title President West American Insurance Company SURETY BY GL�� i v Title Attorney -in -fact - Address: Atkins Bros. Equipment Co.Address: Watson Agency 918 West 1.,arshall 9401 LBJ Suite 304 Grand Prairie, Texas Dallas, Texas The name and address of the Resident Agent of Surety is: Ray Watson WATSON AGENCY 9401 LBJ Suite 304 Dallas, Tx. PB - 4 CERTIFIED COPY OF POWER OF ATTORNEY REST AMERICAN INSURANCE COMPANY ADMINISTRATIVE OFFICE, HAMILTON, OHIO No. 369 Inow All Men bg 04ptsr FrPSPitts: That WEST AMERICAN INSURANCE COMPANY, in pursuance of authority granted by Article VI, Section 1 of the By -Laws of said Company, does hereby nominate, constitute and appoint: Ray Watson or Fonda Watson - - - - - - - - - - - - - of Dallas, Texas - - - - - - - its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single Instance SIX MILLION - - - - - - - - - -- - - - - - --(s6r000,000.00 - -) Dollars, excluding, however, any bonds) or undertaking(s) guaranteeing the payment of notes and Interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio. in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. `„„n,nnvnn. : .... IN WITNESS WHEREOF, the undersigned officer of the said West American •��a. Q,poq �Insurance Company has hereunto subscribed his namiamm! affixed the Corporate Seal of the said West American Insurance Company this "8 of r y 19 88. '�''c�rrioii�to•"` ..... .... ......................... STATE OF oHlo, Asst. Secretary COUNTY OF BUTLER } SS. On this 8th day of February A. D. 19 88 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Thomas W. HiNr{ebraf)�{ ppsst. $ecretary — — — of WEST AMERICAN INSURANCE COMPANY, to me personally known to 5e the IngM ual and officer described in, and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding Instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official *01ki..Sr4�'�Seal at the City of Hamilton, State of Ohio, the day and year first above written. 3 (signed) 5'. Notar Public in and idi ount o Butler, State of Ohio �a` o` Y Y fj .tUYNrt • 2rialM110t°t. My Commission ex :es ..p�C£Dlb4C.25,,199�;., This power of attorney is granted under and by authority of Article Vl, Section 1 of the By -Laws of the Company, extracts from which read: ARTICLE VI SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board, the President, any Vice President, a Secretary, or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as a resident Vice President or a resident Assistant Secretary, or to appoint attorneys in fact for the purpose of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of surety -ship or guarantee, and pol- icies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America, or to any other political sub- division. This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on April 24, 1980. RESOLVED, That the signature of any officer of the Company authorized by Article VI, Section I, of the By -Laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE 1, the undersigned Assistant Secretary of West American Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 1 of the by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF. I have hereunto set my hand and the seal of the Company this ( ay of/{'I/, J,l . D., 19 to iWi �r�i wo•°°�•••t Assistant Secretary S-4300-C 6.80 MAINTENANCE BOND THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN .Y THESE PRESENTS: 5 That Atkins Brothers Equipment Co. as Principal, and West American 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 Thirty-six Thousand Two Hundred Twenty -Five and no/100 ------------------ ($ ), the said sum being ten (10%) percent of the total amount of the hereinafter mentioned 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, the principal has entered into a written contract with the said City of Denton to build and construct 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 incor- porated herein by reference and made a part hereof as though the same were written and set out in full herein; NOW, THEREFORE, if the Principal shall well, truly, an faithfully maintain and keep in good repair the work contracted to be done and performed for a period of one (1) year from the date of acceptance in writing by the City of Denton and do all necessary work and repair of any defective conditions growing out of or arising from the improper work of the same, including, but not limited to, any settling, breaking, cracking or other MB - 1 defective condition of any of the work or part thereof arising from improper excavation, backfilling, compacting or any other cause or condition, known or unknown, at any time atiring the period of this bond, which the city engineer, whose judgment shall be final and conclusive, determines to be the result of defective work; materials or labor; then this obligation shall be void, otherwise to remain in full force and effect. In case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the work as determined herein, it is agreed that the City may do said work and supply such materials as necessary and charge the sum against the said Principal and surety on this obligation. It is further agreed that this obligation shall be continued 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. Provided, further, that if legal action be filed on this bond, venue shall lie in Denton County. IN WITNESS WHEREOF, this instrument is executed in duplicate, each one of which shall be deemed an original, this the 14th day of March , A.D., l9 sg SURETY PRINCIPAL BY: BY:Title Title Fonda Watcnn Attnrnncr-in_pact Mike Atkins, President MB - 2 CERTIFIED COPY OF POWER OF ATTORNEY REST AMERICAN INSURANCE COMPANY ADMINISTRATIVE OFFICE, HAMILTON, OHIO No. 369 Xuaw All Men bD ((34gfle jlreaeaia: That WEST AMERICAN INSURANCE COMPANY. In pursuance of authority granted by Article VI, Section 1 of the By -Laws of said Company, does hereby nominate, constitute and appoint: Ray Watson or Fonda Watson - - - - - - - - - - - - - of Dallas, Texas - - - - - - - its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance SIX MILLION - - - - - - - - - - - - - - - -- - - - - - - - ($6,000,000.00 - -) Dollars, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as If they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorneys) -in -fact. .°Ppii"su"'•• IN WITNESS WHEREOF, the undersigned officer of the said West American •`'e�1�'p,-POP,, r,,:s Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the said West American Insurance Company this ..8 of 1923 19 on z>; <,( Ir o U�.o••'` ........./.j/! ..... ... \ ..................... . STATE OF OHIO, Asst. Secretary COUNTY OF BUTLER } SS. On this 8th day of February A. D. 19 88 before the subscriber, a Notary Public of the State. of Ohio, in and for the County of Butler, duly commissioned and qualified, came Thomas W. Hil�ebra�l� �sst. $S Cretar� — of WEST AMERICAN INSURANCE COMPANY, to me persona y known to a the n iLi ual and o Icer descr ad In, and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding Instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official tt4�%� Seal at the City of Hamilton, State of Ohio. the day and year first above written. (signed) Notary Public in and f6r ounty o Butler, State of Ohio o6jrouminmt°o� My Commission expl es This power of attorney is granted under and by authority of Article VI, Section 1 of the By -Laws of the Company, extracts from which read: ARTICLE VI SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board, the President, any Vice President, a Secretary, or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as a resident Vice President or a resident Assistant Secretary, or to appoint attorneys in fact for the purpose of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of surety -ship or guarantee, and pol- icies of insurance to be given in favor of an Individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America, or to any other political sub- division. This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on April 24, 1980. RESOLVED, That the signature of any officer of the Company authorized by Article VI, Section I, of the By -Laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be Valid ...A hindim, unnn the Comoanv with the same force and effect as though manually affixed. CERTIFICATE I, the undersigned Assistant Secretary of West American Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 1 of the by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this date. /,//�/ IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this/(l�1 okel A. D., 19�rr,��� lll//////���1 / �Pp L�Stl4q... vin ,I%�Assistant Secretary "b"•um„u„vvo°•• S-430o-C a-sO INSURANCE The Contractor is fully responsible for all losses pertaining to, resulting from, or connected with the completion of this contract. The owners acceptance of a Certificate of Insurance, that does not comply with the bid or contract documents, does not release the contractor or the insurance company from any liability, conditions or other requirements within the scope of this contract documents. It is the responsibility of the Contractor to send this complete insurance package to his insurance provider. This will enable the policies and the Certificate to include all requirements as they apply to the Contract documents. The Insurance Certificates must be returned to the City of Denton with the Contract documents for approval and execution. All Contract documents must be returned to the CITY OF DENTON, JOHN MARSHALL, PURCHASING AGENT, 901—B TEXAS STREET, DENTON, TEXAS 76201. CI-0 CITY OF DENTON INSURANCE MINIMUM REQUIREMENTS INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of the project should be indicated, and the City of Denton should also be listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change or cancellation shall be given; o The City of Denton shall be an additional named insured on all policies. I. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. The liability limits shall not be less than: o Workmen's Compensation - Statutory o Employer's Liability - Statutory II. COMPREHENSIVE AUTOMOBILE LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: o A combined single limit of $500,000.00. III. COMPREHENSIVE GENERAL LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. CI - 1 To the extent the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property, The liability limits shall not be less than: o A combined single limit of $500,000.00. IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: o A combined single limit of $500,000.00. INSURANCE SUMMARY: The Contract shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non -renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self -insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the Owner has reviewed and approved the insurance certificates and so notified the Contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI - 2 C/a P'-n -f r..'(.da/i11;?-: GER! ! 1 �, 1 S&�GE ISSUE DATE (MM/DD/YY) U { 3° ::.14/20/89 z PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, i EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW ._ Boley-Featherston-Huffman & Deal — — --- -_-_—__--------- _---_ _._---------------_ _ P 0 Drawer 10 I COMPANIES AFFORDING COVERAGE Wichita Falls, TX 76307----.-- COMPANY A UN= STATES FIRE INSURANCE CO. LETTER CODE SUBCODE �.1 COMPANY B INSURED LETTER..__._— - Atkins Bros. FrniTpment Co. COMPANY c ic-'C./'� LETTER C �y 1 918 W. Marshall " Grand Prairie, TX 75051 COMPA LETTERNY D .�/ ,O p W! A�� 7 - C� "/ O �COMPANV , LETTER E 4_VYCnHVG?-_. _::,n ra' ". ,.,_' _-<:'?: �z _ .nn, r•..__'G.«zu. ,n -: v.r <, :�-.; :.-... -.-� _... ., _ _. THIS IS 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, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ '0' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS I DATE (MM/DD/VY) DATE (MM/DDIYY) GENERAL LIABILITY { COMMERCIAL GENERAL LIABILITY i 1 CLAIMS MADE i OCCUF OWNER'S & CONTRACTOR'S PRO' AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS _j SCHEDULED AUTOS 1HIREDAUTOS '- NON OWNED AUTOS GARAGE LIABILITY _I EXCESS LIABILITY i OTHER THAN UMBRELLA FORM i WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY OTHER l ( 1 GENERAL AGGREGATE I PRODUCTS-COMP/OPS AGGREGATE! $ PERSONAL & ADVERTISING INJURY f $_ EACH OCCURRENCE FIRE DAMAGE (Any one fire) i $ MEDICAL EXPENSE (Any one person)1$ . COMBINEDi SINGLE $ ; LIMIT BODILY INJURY - I (Per person) ' 1 BODILY INJURY 1 $ PROPERTY DAMAGE $ i EACH AGODP-�iG OCCURRENCES $ $ I j STATUTORY - 407-033205 5-30-88 5-30-89 .-$-( 500 _(EACH TEXAS $ 1'—'---- 500 IDI� $ 500 _(DISEASL-LAl SCRIPTI N OF OP R TIONS/LOCATIONS/VEHICL $ STRICTIO S/$PECIAL ITE S the CiDty o 6enton is an ads 1101 � insuredM as its interest may appear as defined on the reverse side. IFIC 'CE H04RE - a ,', - . v '.:,'- P,i��G,�L��T(QN,:�v,ez»;hats �'.`�^:,,�....a.•„« ..,ti , . C,:; >a�_ ,.. - - .,,.-, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAjbqN DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO sr MAIL — DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City of Denton, Texas LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ParchaSing Agent LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 901-B Texas St. Denton, TX 76201 , AUTHORI REPRESENTATIVE �%�/o. dd CERTIFICATE OF INSURANCE CITY OF DE)(TON r Area and Add.... of Agency Rn1Pv-Feather, on-Hnf fman & Deal P. 0. Drawer 10 Wichita Falls, TX 76307 phone 817-723-7111 Hasse and Address of Insureds Atkins Bros. Equipment Co., Inc. 918 W. Marshall Grand Prairie, TX 75051 phone 214-647-8890 City of Denton References Project Names 1988 CIP Utilities Project Nos 89560 Project Locations Managing Dapts Purchasing Agent, John Marshal companies Affording Coverages A Bituminous Casualty Corp. e E. This Is to certify that policies of Insurance listed below have been Issued and are In fora at this ti". l,ommerciai A RomPr bvictatVAK General Liability S Occurrence Claims Made (see i2-reverse) Broad Form to Includes x Pranlsas/Operations Independent Contractors Products/Completed Operations x Personal Injury x Contractual Liability (sea il-reverse) X Explosion and Collapse Hazard -X Underground Hazard -X Liquor Liability Coverage -x FIre Legal LIabtllty (see 1113-reverse) X Broad Form Property Damage - Professional Errors/Omissions - occurrence - claims made (sea f2-reverse) ComprehansIv* Automobile A Liability x• Owned/Leased Automobiles X Non -owned Automobilas * Hired Automobiles - Workers' Compensation and To Be Woyers•'Llablllty Expiration Bodily Injury Property Dams" of Liability IS S Bodily Injury and Property Damage Combined $ 1,000 Aaarpvntp 2.000 Products/CO Aggregate 2,000 Fire Damage 50 Medical Expense 5 Bodily Injury/Person Bodily Injury/Aecldent CAP1761002 15/30/891 property Damags Bodily Injury/Property Dam" Combined Statutory Amount e Otinar urance A X UmInsbrella CUP1780733 5/30/8 $2,000, A x Owners & Contractors Protectiv CLP2027821 5/30/89 750, S 750, Description of Operations/Locatlons/yehlcles. The City of Denton Is an additional Insured as Its Interest may appear as defined on the reverse side. Name and address of Certificate Holder. CITY OF DENTON, TEXAS PURCHASING AGENT 901-8 TEXAS ST. DENTON. TEXAS 76ZOI 00451 Cl - 3 SEE BALANCE OF CONDITIONS ON PAGE CI-4 ATTACHED. CONDITIONS ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to Worker's Compensation.) NOTICE OF CANCELLATION: Prior to any material change or cancellation; --the City of Denton will be given 30 days advance written notice mailed to the stated address of the Certificate Holder, City of Denton. 1. CONTRACTURAL COVERAGE: (Liability assumed by contract or agreement, and would not otherwise exist.) The contractual liability. requirement shown on the reverse side of this Certificate of Insurance under Comprobansive General Liability, must include a definition of coverage broad enough to provide coverage for obligations assumed by the contractor in the referenced contract. This Certificate of Insurance is provi-d_ed.as required by the governing contract. 2. CLAIMS MADE POLICY FORM: Required period of coverage will be determined by the following formula: COntiniUous coverage for the life of the contract, plus one year (to provide coverage for the warranty period), and a_extended discovery period for a minimum of five (5) years which shall begin at the end of the Warranty period.- 3. FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteration of City -owned or leased facilities.) Insurance is to cover, -buildings, contents (where applicable) and permanently installed equipment with respect to property damage to structures or portions of structures if such damage is caused by the peril of fire and due to -the- operations of the contractor. Limit of liability is to be a minimum of $500,000. CI - 4 Smi BID #ggar PROPOSAL s gg zJi r s �$r 'Y K �S�✓ i �u�}"F ih n _ ,,�•t+ Me' TEXAS �, g YR.:.'Sai %r"i ,y` p "" i{t •' The: unsige,� ciders decR2ares, that the, canly gersotu or artigrs> ..�?gesa& gsiacigals are those `` ndmec? �rr�oead# wthQut ' collusionwith anv ` �itt2 xEes B� ' rs ,ats Ara a� o ;<� that: hey hag'_ carefully BID# ' 993 Accompanying thial proposal. is a certified or cashier's check or Bid. Bond, payaale',to the. Owner, in the amount of five percent of the total bid., it is 'understood that 'the bid security. accompanying this ,.proposal', shall: be `,returned, to •the :bidder,, unless in case of, the :acceptance of the ptoposalp, the -:bidder shall, fail to execute a ' contract i nd 'a ;formance "bend anda_ payment bond within, �s iiftee c ays aEGet €ts a�eceptance„, ,. im ;wh%ch, case the bid: �` securrt='gbar thy, property of 'the Owner, and" `shall be' eoris�derec _. m _�+llama eg,, d , to,delay and other,r rCanvei bit One on.;accaajt of".such. failure fgbt: tc r0ect any arrd all Ixrc a. .e7 � clt�t ig�i e�� Cfie f Fgr6iiince- af,'bidder on ° 4 a r. other-1 a� aoatroa p �ic� 7� ptivatee `,'fin :_,evaluating bill, .< ''pYoposa�°'� Qom' ,yid` ater'chwkge, .-or qualify, any. specifrcatianE a bisi.kowner ' may . automatically .disqualify- . bidder h, + '� . v ✓ k' z yi si3 i c s. they undetad �� pose air agrees to perform a11- wo r k of whatitt 'not Ott rod stisfaiF accordance with the ;plans �a �>A rr � ,, l �' '. `{� •ry-s i+;X3-a"R�� LRa..X y'd kl'( F + h �'� '� {� 'I" �)%h�'n'3 � Adiit u i S ���s•.%��'�..�i �YS���> .iF� .. _. Iti 1988 Utilities C.F.P. BID N0. 9F'3T Base Bid Water Lines" PO NO. z'. --,-�-. -. BID TABULATION, SHEET ._ ITEM DESCRIPTION, QUANTITY UNIT UNIT PRICE TOTAL 2.12.ZU-A 4 PYC t,46Z LIP /LF' g an rp. �Lm a - C is `� a SAJE �/ZA t Jd AA al S 4 S`ss hp l7v PA: { EA."7 'S EX /EA ai 19,88 utilities c.r.p." BID NO. Base Bid (Sewer) Po NO. E -D, TABULATIOa SHEET_ .ITEM DHSCRiPTION QUANTITY UNZ7,- UNIT -PRICE."' TOTAL� - C94tractoca,WaXrsA iq ..... 'linct, 110 Under .. .21 1, � �_ & �- standin L J standin - ca &Z CAT-, ,pipe, �V­AV';�Mup/Lp- A' - .0..c...t. 2. 12.g-J.v,i6. Ductile tiWr /LFA M' JZ*7 acmw; and sp�u stiet'dam,iiW P EA Wi iA Omli z zim Iv -6 A, W, TYST Z, 1488 Utilities C.I.P.'`' ¢' BID NO. -4 927" Briarcliff Water Lines V, —2— PO NO., BID TABULATION SHEET ITEM DESC RIPT QUANTITY UNIT UNIT PRICE TOTAL 4 'PVC Watet, Uni "-Y � 2.12.204 water ur ............ Ow 00 O'N UZI 'BA HL �10 WS�-T- a ✓/HA voF. . . . . . . . . . . . Ex /EA" /Ek. J" 0 I0' NS fik 41A. .. MMA 1988 utilities C.I.D. 9911- BID NO. Dallas Drive water Line PO NO. -i BiII.TABULATION SHEET ITEM DESCR33?TIOLt'QUANTITY' UNIT UNIT PRICE TOTAL. Contractors: w&rrant4.e&,,.,: 1.21 and-UndL rstandingsz' LS, 00 DiJ Barricades,. Mrnia%,,Si % 2.1 A-W Cast 7tro IR- DA W N /Cy -r-A :'. '. 00 .2 et n�4, tr al. LF *ktoji: Att&IWA _4 00 AEA-- I , 1"', 0 , :7 • fY Y t S - �� BID/ 44371 +._ 31D SUM14ARYSHEET" S aft98,T .P.` UILZTIES" �. . Pto7ect s Work Days Total Hid Price a j;?; A, ' ✓ '�.'{� r ?+� /�••M - /y WLyy�, � V B1�G� L6f^4�'S��,a•t� d #% rt gg t k jv�p • eR Bh�k X�•SP� 4F A � M'?PT � �� ��� ����`1 - f L��"e� + �� - � i��y-. t t yv,y" " ` .-� �a � di. r..p: "I S^�^T�.1� `j �' -•+ ",�, .v "Y49'�°�A-`��d �''t'h •_ay..�'1�sYSt .. - ati:ii@F BID# 9937 BID, SUMMARY TOTAL BI,D`F PRICE IN WOORDS�{, �► �y 'B'� _ 1 0 �// (y/ n ///7yy(��� u�� 1\�e1YKY tnt4[��nll t�A�LLIM3 ��16141[17�U/Y�O[_, e 1 /PIM13 /�tY to ��/11 P, _ op � r :a Tn �i3e event' of Sher ward of _a­,eoatrAct ta. the undersigned, the-. ' undersigned wi1T furnish er ormance,bond, and_a payment bond: r Ear the =,tfu his a�xW,-ont.'ract, to_. .secure groper �:vmgiang� with=tjr�, �tm ci ,.�€rc�i ions a the;;, conttaet� _ta.`�' ` fns ire, an, ,.qua abte the " wor :�uhtil_­i"inal - completion and Jy acceptance; an., tar; guarantee=payment"for. all lawful claims for labor performed..anc materials =€urnished in the fulfillment of the contract. `^ Xt `Ya understood°: that' the "warts proposed to be done shall be -acceptidj,"4ten.fuLly oo etec .and'finished='in_accordance with ythe plans-, attr `,'Spec if�eations. to the- - saiiisfaction of the Engineer• Ftfi R }35 343 Y "AR'M-ar. te+< The Aanda�t4 'Sn d,ett�f�tesa �h�t�he:.4id prices- contained in this " pprlowpl�oossaL ...th�a y l ee caae ttii ehecl�e@ and are submitted as NOW n�%t fi#Y as;�s 5 each item listed its thls pFOjpO F&le p �"t*m {ftF \ tl": C , t as EPP �,�- ° " �/w`�� '��� .�_ �1 � �•��y4 - X+°g'�, 4 � � i '`r � _ � c B ° � t y.: S�, `r` t v. rtr lA kw^ • r £` .Fr _( r .+. r i�F9k.-ems �9`� +y ie �. ,d�y� r�'a '�P.*i„"s'?• r s�s.a"° x,��$fr > 7t avt' a �"1s�S � y�n' YF a5 e F T•.�, � �1. % s b J _ 4.�*`w r ��t`-<�f iroyf�a�'ah'^ k 1�."dy-r£ L ✓�+ B � - ._ - � � =Fs .;f ,. F } - ,?4 .�,/`• "'�.cl.>�~, - .v3.�`,a'.Fcg".C"'i4FV�e'L2'�•'�`�'-..a`°-..��.s_....Y a�ix.d� 1 ..lX r d.:e.0 .� .a.c.3e ^� �d."3'. ". CERTIFICATE OF INSURANCE CITY OF DENTON Name and Address of Agency Boley-Featherston-Huffman & Deal P. 0. Drawer 10 Wichita Falls, TX 76307 ptusne 817-723-7111 Name and Address of Insureds Atkins Bros. Equipment Co., Inc. 918 W. Marshall Grand Prairie, TX 75051 plwxwe 214-647-8890 City of Denton Reference: Project Name- 1988 CIP Utilities Project No: 89560 Project Location: Managing Dept- John Marshall - Purchasing Agent Companlas Affording Coverages A Bituminous Casualty Corp. 8 C This Is to certify lUt policies of insurance iirhad below have been issued and are in faros at this time. MWny Ater T.. —4 Expiration Limits of Liability - -- - vow In Inaasancm uunl A AT&ORlGUIVe Gummal Liability -x Occurrence CLP2026293 5/30/90 1 Opp,r,g,lo, S - Claims Made (sae i2-reverse) Bodily Injury Broad Form to Includat Prop" Damage °1ma� $ x1ndependent Contractors xProducts/Completed Operations Bodily Injury and Property -xPersonal Injury xcontractual Liability (sae il-reverse) 0 Combined General Aggregate $ n -xExploslon and Collapse Hazard Undarground Hazard Products Co Aggregate , 1 -xL(quor Liabilit{yy Coverage Fire Damage 50, -xF1re Legal Liability (see /3-revars;Q Medical Expense 5 -xBroad Form Property Damage - Professional Errors/omissions - occurrence - claims made (see #2-reverse)' A Comprehensive Automobile Liability CAP1761002 5/30/9 Bodily Injury/Parson $ Bodily Injury/Accident $ 7F Guned/Learad Aut,-.=b11as Property Damage $ x Ron -owned Automobiles F Hired Automobiles Bodily Injury/Property Damage Combined $ 750, - workers' Compensation and Will Be I sued Direct rom Statutory Amount Employers Liability Assigned fisk Company each accident A Ottser Insurance - Umbrella CUP1780733 5/30/9 $2,000 occurrence/aggregate A X Owners' Contractors Protective CLP2027821 5/30/9( $ 750, occurrence/aggregate sscriptlon of Operations/Locations/Vehicles. The City of Denton is an additional Insured as its interest may )pear as def1nod on the = ,f>_ Q` dP � was and address of Certificate Holder. May 25, 1989 CITY OF DENT(2), mw ]ATCHIIM AGE)f 901-B 1EXAS Sr DURXN, TX 762M EIE EINU IE CI ITS IN EKE (M-4 l>f)UX1111). CONDITIONS ADDITIONAL RM&IIi<'D: The City of Denton, its elected aid appointed officials, offices and e%Aaj rs. (This does not apply to Worlw's Conpa>.satim.) N= OF CAMM 1AMIN: -_ _-- PI'iCN tD natvrial . -w . aty �� O[•' G�[pel]aLirn,-'.the ca` xy, ce; Dentonn will be gLven 30 days advane written notice ®il-ed bo the'stated"add[em of the, • • - I - :.• •• r r .• :• I ur1 • • n- •• _ • a '16r.71w • Awl v nc• • r - •• r • _ •cr •• n F w r r •- • •Z A 10-r C•1113• I •.• •• r .q yew • pruvidL coverqp for•e •r • a artended d1scovery period for a minitarn of - which sW1 beginthe : • of the warrmty period. 3. M TMUNI Y ':• I u in al.1 contracts that • the ••• r: construction or altekution of City -owned or leased facilities). Inemmoe is :• 1 111: with respect to r •I: I:11: •. to sUucbxvs cc portions 1 stnxtures if such is cmised by the peril of fire and due to the cperutions of' the contractor. limit of liability is to be a minimm of Q-4 riarch 7, 1989 CITY COUNCIL AGENDA ITEM TO MAYOR AND MEMBERS OF THE CITY COUNCIL FROM Lloyd Harrell, City Manager / /� SUBJ CONSIDER BID OPENING #9937 TO ATKINS BROS EQUIPMENTS �d , INC , FOR FY 88 MISC WATER AND SEWER LINE REPLACEMENT AND DALLAS DRIVE 10" WATER LINE RECOMMENDATION The Public Utilities Board, at their meeting of February 22, 19890 recommended to the City Council award of Bid #9937 to Atkins Bros Equipment Co for replacement of various water and sewer lines at a price of $362,249 SUMMARY Bids were opened January 24, 1989 The results are shown on the bid summary attached Atkins Brothers Equipment Co , Inc , of Grand Prairie, Texas, is the lowest qualified bidder with a total price of $362,249 Bid package included the base bid, base bid plus Briarcliff water lines, and base bid plus Briarcliff and Dallas Drive water lines BACKGROUND Several water lines and one sewer line are included in the bid opening for replacement These water lines are old and deteriorated cast iron pipes and many are located in easements behind lots This undesirable location causes high maintenance costs After these lines are installed, the City will contract with a licensed plumber to relocate the private services to the new mains The total estimated cost to relocate these services is $130,000 The Dallas Drive water line is needed to produce the required fireflow for the surrounding area The sewer line is an old and root infested clay pipe The base bid water and sewer lines were identified in the FY 88 CIP Dallas Drive WL was identified in the FY 87- CIP Due to the immediate need for construction, the Briarcliff Water Line and the Dallas Drive Water Line were included with the bid package as additive alternates Recommendation to award these projects with the bid is made only after determining that existing funds are sufficient for all projects bid PROGRAMS,iDEPARTMENTS OR GROUPS AFFECTED Citizens of Denton, Denton Municipal Utilities, Public Works and Atkins Bros Equipment Co , Inc City Council Page 2 FISCAL IMPACT FY 87 & 88 CIP Budgeted Amts Water Sewer Bond $ 30,000 00 $ -0- Revenue 458 626 60 291 378 34 Total $T,378�4 Amount Bid $294,016 00 $ 68,233 00 PLUS estimated amount for Water Service Relocations $130,000 00 $ -0- TOTAL Estimated Construction Cost $424,016 00 $ 68,233 00 Amount over(under) Budget ($ 64,610 60) ($223,145 34) Source of Funds 623-008-0461 - Water Bond 621-082-FA88 - Water Revenue 621-081-FA88 - Sewer Revenue ectfyilly b2eld. lq—o-y—C H a r r e y Manager Pr ared by, av�Ha'_m, recto"fWater/ Wastewater Utilitiea%Zj. z v e Xb��elssoon, xecut ve Director Department of Utilities Exhibit I Bid Summary II City Engineer Recommendation III Project Location IY PUB Minutes of February 22, 1989 6325U 14-15 u 07 'TEN C;,NTRACTOR7 NO OFFICE ---------- -------------------- , 4LL HAIELBOOD, INC - ATKINS BROS EQUIPMENT CO c L OALTON S %MPANY INC alj LMMW "ITY CF IENTJ IY88 UTIL1TIEe C I r uiiLITY RELOCATIuNS UTIL TY UTILITY BASE BID UTILITY BASE DID L BRIARCLIFF S BASE BID BRIARCLIFF DALLAS OR AMOUNT DAYS AMOUNT DAYS AMOUNT DAYS BOND --5311,970 85 51 $374 787 15 b1 1414,971 11 71 YES --- -4271 494 BB 5l $337 114 81 64 f,62 .41 BB J YES -- -- --------$461 997 51 51 4619 314 91 b1 $665 114 93 71 YES 4 DICKERSON CONSTRUCTION ------- ---------$201 289 ,1 51 $355 195 81 60 $384 491 55 71 YES COMPANY INC j -'Tf ENGINEERING ------------- $264 465 BI - 4.,25 682 21 -- L,4B 487 86 CITY ofDENTON, TEXAS MUNICIPAL BUILDING i DENTON TEXAS 76201 / TELEPHONE (817) 566 82( MEMORANDUM DATE February 15, 1989 TO Lee Allison, P E , Engineering Administrator FROM David Salmon, Engineering Associate II SUBJECT 1988 C I P Utilities Bid The Engineering Division of Public Works has reviewed the bid by Atkins Brothers Equipment Company Incorporated for the 1988 C I P Utility Construction All prices are reasonable and the bid total is within 10% of our estimate We would recommend that this bid be accepted David Salmon Engineering Associate II 0643E M r DATE MARCH 7, 1989 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID# 9951 - ELECTRICAL SUBSTATION PACKAGE (MATERIALS) POCKRUS SUBSTATION RECOMMENDATION: We recommend this bid be awarded for the Clark Substation bid as submitted by Cummins Supply Company for the low total of $172,965 00 This does not include the installation SUMMARY This bid was received and sent to our prospective vendors and suppliers for this type of equipment We received four replies The bid spread was from a low of $172,965 00 to a high of $267,300 00 We feel this bid is in line and meets the intent of the specification The products are from Clark Substation, the same supplier as the installed equipment at this substation BACKGROUND Bid Tabulation, Memo from Ray Wells, Superintendent of Electric Metering and Substations PROGRAMS DEPARTMENTS OR GROUPS AFFECTED The Electrical Distribution Division and the Citizens/Users of the Electric Utility FISCAL IMPACT There is no additional impact on the General Fund Resp fu/ll/y�itted Lloyd Harrell City Manager Prepared by oil ii':%�/JI/%�i • rchasing Agent its Purchasing Agent 005 DOC 1 I m r o f rs 1 m I OI XI 1 I I 1 I C I ZI m I OI F I I 4b 1 1 ! 1 1 1 I Ri 1 1 I I 1 1 1 1 1 ti 1 1 I 1 m ni i i i �i 1 I 1 ml cl � m i i �ii Ycnl ri i i �x+i i 1 ap 1 I �J 1 8 1 I 1 1 -KI r I 1 I W I I p 1 I T I mil I I 1 rl 1 1__ 1 _ 1 _ 1 _- __ 1 __ 1 p I I a 1 I N i i v o W I YX'f I C .T I 1 rn a 4 1 1 1 I 1 1 1 1 i s i n w p 1 1 0 1 1 n 0 p 1 1 1 1 p 1 1 I 1 1 1 'VOi ti r 1 1 1 I 1 1 n V 1 T 1 ri Oi I O i r X G I I RDEi� 1909 FEB 29 Ail 7 57 CITY of DENTON, TEXAS 215E McKINNEY / DENTON, TEXAS 762011 TELEPHONE (817) 566 8200 TO Tom Shaw, Purchasing Agent FROM Ray D Wells, Superintendent of Electric Metering/Substaions DATE February 28, 1989 SUBJECT Evaluation Bid #9951 - Pockrus Substation Duplex Bid proposals were opened February 23, 1989, at 2 p m in the Purchasing Department for the City of Denton, Texas We received four (4) valid bid documents and one (1) no bid The bid tabulation is as follows 1 Cummins Supply Co , Ft Worth, TX (Clark Substations)$172,965 00 2 Priester Supply Co , Arlington, TX - $192,000 00 3 Dis--Trap Products, Alexandria, Louisiana - $208,316 00 4 WESCO, Halton City, TX - $267,300 00 5 E T S , Longview, TX - No Bid I recommend we accept the bid of Cummins Supply Cc , of Fort Worth, Texas (quoting Clark Substations) of $172,965 00 low bid meeting 9-da6 CONTRACT AGREEMENT BID # 9951 Substation Package THIS CONTRACT.AGREEMENT, made and entered into this 14 day of March , 1939 , by and between the CITY OF DENTON, TEXAS, Partv of the First Part and hereinafter called the "Owner", and Cummins Supply Co., UPD 3G50 Lovell St. Ft. Worth, Texas 76107 of the Second Part and hereinafter called the "Contractor", WITNESSETH: THAT WHEREAS, The Owner has caused to be prepared, in accordance with law, specifications, plans and other contract documents.for_the-work as -- -- _ herein spec ified;_and WHEREAS, the said Contractor has submitted to the Owner a Proposal in accordance with the terms of this Contract Agreement; and WHEREAS, the Owner, in the manner prescribed by law, has determined and declared the aforesaid Contractor to be the lowest and best bidder for the said work and has duly awarded to the said Contractor a contract therefor, for the sum or sums named in the Contractor's Proposal, a copy thereof being attached to and made a part of this Contract Agreement; NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties to these presents have agreed and hereby agree, the Owner for itself and its successors, and the Contractor for itself, himself, or themselves, or its, his or their successors and assigns, or its, his or their executors and administrators, as follows. ARTICLE I. That the Contractor shall furnish fob, Denton, Texas, substation package complete as specified and required in accordance with the provisions of the contract documents which are attached and made a cart • hereof-,..and_shall-execute and complete-all_work included in and covered 'by tiie C:.�er's-official award of this Contract Agreement to the said Contaactor. ARTICLE II. That the Owner shall pay to the Contractor for the work and materials embraced in this Contract Agreement, and the Contractor will accept as full compensation therefore, the sum for all work covered by and included in the contract award, designated in the foregoing Article I; payment to be made in cash or its equivalent in the manner provided in the specifications attached hereto. ARTICLE III. That time is of the essence in the performance of the Contract Agreement, and that the Contractor shall proceed with the specified work and.shall conform to the following schedule: CA-1 IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as of.the day and year first above written. CITY OF DENTON, TEXAS (SEAL) -----(/ - - -- - - - - - J (SEAf)`-6-, - CUMMINS II LY CO., UPD j/ n By_ Attest The foregoing Contract Agreement is incorrect legal form. Attorney for CA-2 BID# 9951 PROPOSAL City of Denton, Electric Utility Department 901 A -Texas Street Denton, Texas 76201 ATTENTION: Mr. John Marshall, Purchasing Agent PROPOSAL FOR: SUBSTATION PACKAGE - CONTROL PANELS, DISCONNECT SWITCHES, SUBSTATION STEEL STRUCTURES, CIRCUIT BREAKERS, INSULATORS, GROUNDING MATERIAL, POTENTIAL DEVICES, CIRCUIT SWITCHER, RIGID BUS, BUS FITTINGS & JUMPERS, AND LIGHTING ARRESTERS. - BID NUMBER: # GENTLEMEN: The undersigned bidder having read and examined these specifications ' and associated contract documents for the above designated equipment does hereby propose to furnish the equipment and provide the service set forth in this Proposal. All prices stated herein are firm and shall not be subject to escalation provided this Proposal is accepted within sixty (60) days. The undersigned hereby declared that the following list states anv and all variations from, and exceptions to, the requirements of the contract documents and that, otherwise, it is the intent of this Proposal that the work be performed in strict accordance with the contract documents. Price is based on receiving canolete order onlo._ -------------------------- _ Delay_of shipmznt_is okay, but Invoice is Due 30 Da E from ». __ original date__ _ No Field Supervision -Cancellation char es cannot be determined until after award __ of job----------------------------------- Price does not include any taxes.. ------------- - Drawin s for approval 12-14 weeks ARO We will not pay anycliquidated daniges for delay in shipmen�-1 See Page,,D-5 BID_ NUMBER #9951 BID PROPOSALS Page C- 1A _ City of Denton, Taxes 901•8 Texas St. - Purchasing Department Denton. Texas 76201 ITEM DESCRIPTION OUAN. PRICE AMOUNT 1. 2B Control Panel 1 lot $ $ 2. 3B Disconnect Switches, Circuit Switches 1 lot $ $' 3. 2D Substation Steel Structures 1 lot $ $ n. 2F Circuit Breakers 1 lot $ $ 5. 2F Insulators 2G Grounding 2H Potential Devices 2I High Side Protection 2J Rigid Buses Buss Fittings 2K Lighting Arresters 1 lot $ $ We prefer this bid to be complete with and including all necessary items for the complete equipment package. We will con- sider awarding separate packages as listed above. The separate package however, must be compatible in every way so as not to cause changes or alterations in the other items to complete this substation equipment. TOTALS 17 2,965.0( We quote the above f.o.b. delivered to Denton, Texas. Shipment can be made In days from receipt of order. Terms neU30 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 constllues a contract. The completed Bid Proposal must be properly priced, signed and returned. P.O. Box 930 Melling Mdleea Ft. Worth, Texas 76101 Cpy- State Ap 817-838-2355 Telepaone Cumnin �J SlgnaNre Sales/Quotations Tille BID# 9951 The undersigned bidder hereby proposes to furnish the Substation Package complete FOB, Denton, Texas, in accordance with these specifications and associated contract documents listed in GENERAL CONDITIONS, Article GC-1, for the firm lump sum price of One Hundred Seventy -Two Thousand Nine Hundred Sixty -Five Dollars & 00/100 (Price in Words) The undersigned hereby declares that only the persons or firms interested in the Proposal as principal or principals are named herein, and that no other persons or firms that herein mentioned have any interest in this Proposal or in the Contract Agreement to be entered into; that this Proposal is made without connection with any other person, company, or parties likewise submitting a bid or proposal; and that it is in all respects for and in good faith, without collusion or fraud. If this Proposal is accepted, the undersigned bidder agrees to submit drawings and engineering data in accordance with Section 1C and to complete delivery of equipment and materials in accordance with the shipping schedule specified. The undersigned fully understands that the time of drawings and data submittal and equipment and materials delivery is of the essence. Dated at this 23 day of February 19-` Bidder Cummins Supply Co. UPD BY Ti Attest: Business Address of Bidder 3609 Conway St. - Ft. Worth, Texas 76111 State of Incorporation Texas Address of Principal Office 3650 Lovell St., Ft. Worth, Texas 76107 ,,PIROVED CITYOF DENTON PURCHASING DEPT. C-2 BID# 9951 PROPOSAL DATA 1.0 GENERAL. The following information on the proposed equipment and materials shall be submitted with the Proposal: A complete description of all proposed equipment. 2.0 SPARE PARTS. Bidders shall submit a list of recommended spare parts which the Owner should stock for normal maintenance purposes. The spare parts list shall be organized in the following format: Item No. required Unit price k 3.0 EQUIPMENT DATA. The information required on the following pages is to assist, the Owner in evaluation of the Proposal. r The data listed herein shall not relieve the Contractor of his responsibility for meeting the requirements of the detailed specifications. Note: Write.entries.boldly with black ink or type entries using carbon black ribbon. D-1 BID# 9951 _ Cummins Supply_Co___UPD (Bidder's Name) Manufacturer Type or Catalog No. SECTION 2B - CONTROL PANEL Reference detailed specification Clark SECTION 3B - DISCONNECT SWITCHES 27 ea Hook Stick Reference detailed specification Johnson HPT ASEA SECTION 2D - SUBSTATION STEEL STRUCTURES Supplier's name . Clark Estimated total weight.of steel, in pounds . Delivery Date List structures which require •- field assembly and describe shipping sections for each. Anchor Bolt Delivery Date 14300# 24-26 Weeks ARO 2 Weeks ADA - D-2 BID# 9951 Cummins Supply Co.-- UPD (Bidder's Name) Manufacturer. Type or Catalog No. SECTION 2E - CIRCUIT BREAKERS Reference detailed specifications ASEA Per Spec. SECTION 2F - INSULATORS Station Post Type Suspension Type SECTION 2G - GROUNDING MATERIALS Ground Rods Split Bolt Stud Connectors Guaranteed Date of Delivery of all supplies SECTION 2H - POTENTIAL DEVICES Reference detailed specifications GE BID# 9951 Cuamins Su 1 Co UPD -----------PP_Y---=---------- (Bidder's Name) Manufacturer Type or Catalog No. SECTION 2I - HIGH SIDE PROTECTION Reference detailed specifications ASEA HLT SECTION 2J - RIGID BUSES,, BUS FITTINGS & JUMPERS Conductors Cable IPS Bus Connectors Fittings SECTION 2K - LIGHTING ARRESTERS Reference detailed specifications OB D-4 BID #9951 Price breakdown will be provided after awarded job. Delivery of 138KV Ins. 38 Weeks ARO Delivery for remaining material 24-26 Weeks ARO If ASEA Service Man required 1100.00 per day plus expenses Estimate 2 Days R&I U. S. ASSURANCE CORPORATION MATERIAI.- AND SUPPLY BOND KNOW ALL MEN BY THE PRESENTS': BOND No. SON O4 That I/we, CUMMINGS LIGHTI of the City of Fort Worth , State of Texas as PRINCIPAL, and the U. S. ASSURANCE CORPORATION, a Corporation duly licensed to do business in the State of Texas, as Guarantor, are held and firmly bound unto CITY OF DENTON OBLIGEE, in the penal sum of ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($175 000 00) lawful money of the United States, to be paid OBLIGEE, for which payment well and truly to be made, we bind ourselves and our legal representatives, our heirs, executors, administrators and successors, jointly and severally by the presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the said PRINCIPAL has accepted a contract No. 9951 COPY of which is EXHIBIT 'A') to supply materials and supplies as identified in EXHIBIT 'A' from the OBLIGEE. NOW THEREFORE, if the said PRINCIPAL shall faithfully perform the duties and in all things comply with the contract as identified in EXHIBIT 'A', then this obligation to be void, otherwise to remain in full force and effect for a period commencing on Aoril 21 , 1989 and ending on November 21, 1989 unless renewed or extended by GUARANTOR. PROVIDED FURTHER, that compliance with the above named contract includes payment of all just cl-aims :and demands by, or in behalf of, any employee or other person, or any firm, association, or corporation for labor performed or materials, supplies or equipment furnished, used, or consumed by the PRINCIPAL or his subcontractors in the performance of the work, then the GUARANTOR will pay the full value of all such claims or demands in any total amount not to exceed the amount of this obligation, together with a.nter-est-as-prov-i ded-by-l.aw.. Dated this 1�3 _ day of //?mow ,1989. U. S URANCE COP i PRINCIPAL . � x U. S. ASSURANCE CORPORATION ENDORSEMENT(S) rl The following endorsements have been made a part of BOND # If no endorsements exist, so state: 9 Q l