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
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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
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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
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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