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HomeMy WebLinkAbout1985-1281138L AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improve- ments in accordance with the procedures of state law and City ordinanes, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therefore, and WHEREAS, Section 2 36 (f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $3,000, and WHEREAS, Section 2 09 of the City Charter requires that every act of the Council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance, 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 Invita- tions", "Bid Proposals" or plans and specifications attached hereto are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR 9463 D/FW Utility Co , Inc 9470 Dickerson Construction Co AMOUNT $ 84,904 64 $200,727 50 9475 Bighorn Excavation & Grading $ 13,778 00 SECTION II That the acceptance and approval of the above competititve 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 authorzied to excecute 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, quantitites 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 day of CIIJ 1985 i, 7 CIT OF DYIMN, TEXAS ATTEST APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS I DATE July 2, 1985 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM G Chris Hartung, City Manager SUBJECT BID #9463 PAYNE DRIVE WATERLINE RECOMMENDATION We recommend this bid be awarded to the low bidder, D/FW Utility Co , Inc for $84,904 64 SUM14ARY This bid is for the construction of a 12" water main The bid was sent to some sixteen contractors and suppliers We received five bids ranging from a high of $113,471 50 to the low bid of $84,904 64 The bids seem to be of a very competitive nature D/FW has completed work for us before and has satisfactorily completed their contracts BACKGROUND Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Utility Department - Water & Wastewater Division FISCAL IMPACT There is no impact on the General Fund Respectfully submitted G Chris Hartung City Manager Prepared by 7 N e Johh J 'Marshall, C P M`' ire urchasing Agent Approved Na el John 0 Marshall, C P M T tie Purchasing Agent x 0 A z w x 0 A z w v u3 � a C z w > rn 00 � M N T z o 0 0 Y N O O U x 0 A W > N CD O L M N T O � CD W Z_ J < K U d OU O A w i O N -itM M N r-1 '-1 O Ln OM 3 z Ln T in M m 7 n � O W LY O O Ln F A z 025 > M M T W Z W M tD w O O 3 N W Of Z W r J_ F- N O E W H a N wLLJ ,zAz,, F L' 3 N Of O N Z O m m d Ln 3 ¢ O ca I z z F z i � 75-IZY CONTRACT AGREEMENT lu o JA 3 11985 STATE OF TEXAS )( COUNTY OF_ DENTDN )( THIS AGREEMENT, made and entered into this 8 day of _ July _ A.D., 19 85, by and between he Eity of nP„r a ra -- of the County of Denton and State of Texas, acting through G. Chris Hartung City Manayer thereunto duly authorized s Party of the First Part, hereinafter termed the OWNER, and of the City of County of Dallas and state of i Texas , Party of the Second Part, hereinafter termed CONTRACTOR. i' WITNESSETH: That for and in consideration of the payments and agreemewte 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, 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: BID #9463 PAYNE DRIVE WATERLINE PURCHASE ORDER #F 68924 for $84,904.64 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 Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or 0044b CA-1 N n14 - witteG explanatory matter thereof, prepared b and the Specifications therefore, as Y Jerry Clark the City F,,,,;.,o.,_ CO— e,theleatl=e�coontractch are �dB a part hereof and Collectively ' y evidence and The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The 01agrees to pay the min current funds the price or Prices shown In4 the Proposal, which forms a a part of this contract, such Payments to be subject to the General and Special Conditions of the Contract. agreemeatlinrho WITHEy�=u� $' � parties of these presents have executed this Y first above written. ATTEST: ATTEST: APPROVED AS TO FORM: �� 7 Attorney CA-2 0044b Part— y� Seconf Part, CONTRACTOR M PERFORMANCE BOND STATE OF TEXAS )( COUNTY OF Dallas _ _) ( KNOW ALL MEN BY THESE PRESENTS: That D/FW_ lltllit, y Co Inc of the City of Irving County of Dallas , and State of Texas as PRINCIPAL, and The Travelers Indemnity Company, as SURETY, authorized under. the laws of the State of Texas to act as surety on bonds for principals., are held and firmly bound unto the CitY of Denton as OWNER, in the peOBl sum of Eiahty-Four Thousand Nine Hundred Four and 64/100 ----------------- Dollars (S 84,904.64 ) 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 with the OWNER, dated the __ day of entered into a certain written contract 19_, for the construction of which contract is hereby referred to and made a dpart hereof as fully same extent as if copied at length herein. and to the NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-1 PROVIDED, HOWEVER, provisions of Article 5160 of that this bond is executed pursuant to the the Revised Civil Statutes of Texas as amended by 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 name extent as if it were copied at length herein. PROVIDED FURTHER, venue shall lie that 1f any legal action be filed upon this bond, County. State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the Same, shell in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of terms of the contract, or to the work to be perftime, alteration or addition to the ormed thereunder. IN WITNESS WHEREOF,. the said sealed this instrument this day of Principal and Surety have signed and / }pal PThe Travelers Indemnity Company r]�lc g STitleOytj� •. Addreasr /�Q / JDSI ��� The name and address of the Resident Agent Suret Title At _T Fnrr Address ��20 Oa rr,ve —Suite 200 Dallas, Texas 5204 (SEAL) of Surety 1s: _3 Suite 200 Dallas Texas 75204 NOTE: Date of Bond must'not be prior to date of Contract. PB-2 0091b PAYHENT BOND STATE OF,TEXAS )( I( COUNTY OF Dallas )( KNOW ALL MEN BY THESE PRESENTS: That D/FW Utility Companv inc of the City of Irvin County of Dallas , and State of Texas , as principal, and The Travelers Indemnit Company authorized under the laws of the State of Texas to. act as surety on bonds for principals, are held and firmly hound unto City of Denton . OWNER, in the penal sum of—Ejahty-Four Thousan_ d Nine H,ndr d Four and 64/100 for the Dollars U gq 90_4.6— Payment wh_ ) ereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by then presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of 19 to which contract is hereby referred to and made a Part hereof as fully and same extent as if copied at length herein. to the 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 prosection of the work provided for in said contract, this obligation shall be void, otherwise to remain in full force and effect; then PROVIDED, HOWEVER, that this bond provisions of Article 5160 of the that Civil Statutes of Texas as Is executed tame dedtbythe bond shall be determined in acts of the 56th Legislature, Regular Session , 1959, ad all liabilities the oherein. on this same a tent as if iwere copied atalength her in Provisions of said Article to the PB-3 Surety, for value received, stipulates and agrees that no extension Of time. alteration or addition to the term. of the contract work performed thereunder, or the change, the same, shall In an PlaDB• specifications or drawings accom a the waive notice of any such affect its obligation on this bond, and it does phereby terms of the contract tn$e' to be extension time, alteration or addition to the . or to the work to be performed [hereunder. IN W1THNESS WHMWF, the said Principal and Surety have sealed this instrument this 1d_ day of signed and 19 -8, Irving, Texas 75015 3602 Conflans Irving ( SEAL) Travelers Indemnit Company Surety Tithe Attorney -In -Fact Address 3320 Oak Grove Suite 200 Dallas, Texas (SEAL}` _ The name and address of the Resident Agent of is: PB-4 0092b xas 75204 MAINTENANCE BOND STATE OF TEXAS )( COUNTY OF Da11aG )i KNOW ALL MEN BY THESE PRESENTS: THAT D/FW Utility Co as Principal, and The Travelers Indemnit CompanyInc TIn me State oy exas, as Surety, do a ebyoacknowledgerporation athemselves tto be held nand 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 Ei ht Thousand Four r Dollars the total amount of the contract for thepaymentR-490 sum said , 107. of surety do hereby bind themselves, their css successors asssiais principal and severally. 8n jointly and This obligation is conditioned, however, that: has this day entered into a rwritt ni contDrac and construct on to �- -u *peciiicatious therein mentioned, adopted by the City of Denton,�are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, and: WHER, underplans contract, it is provided thatA the Contractors willimaintain , and specifications, and the work therein contracted to be done and performed for a per keep in of oneod repair r from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. 0093b MB-1 agreement to maintain Said Now ' THEREFORE, if the said period of on' e (1)ear, construction and keep same shall be nail and y as herein and said contract force and effect. and have no further effect; Contractor shall perform its In repair for the maintenance Provided, then these presents, otherwise, to remain in full continul It Sa further agreed that be ng one against the Principal this obligation shall be a and Surety and that successive recoveries cay had hereon ,for auccesaive 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 maintenance period, and the a said work shall continue affected from an ame shall not De changed, diminished throughout said Y cause during said time. . or in any manner IN Va7MESS WHEREOF the said DIFW Ut11it Com an these presents to ss Contractor and Inc. and the said executed y Principal, s caused ss eureCy� The Tr Slew' Indemnit Com an hu caused these presents to Mike w nti executed by Its Attorne "'� 10 daY of and the Said Attorne Y-ia-Fact Julv 19�, y-ln-Fact has hereunto set his hand SURETY: •�Y1P Tr l p - T BY: Mi kP -'a lih attorney -in Face MB-2 0093b D/FW U44ty Co., P.O. Box 153741 Irving, Texas 75015 RELIANCE INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania, does hereby make, constitute and appoint Mike Webb, Van Weir and La Rue Jenkins, individually, of Dallas, Texas its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings of Suretyship, and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorneys) -in -Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY which became effective September 7, 1978, which provisions are now in full force and effect, reading as follows: ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board. of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys -in -Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney -in -Fact at any time and revoke the power and authority given to him. 2. Attorneys -in -Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and deliveron behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys -in -Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indem- nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolution has not been amended or repealed: "Resolved,that the signatures of such directors and officers and the seal of the Company may be affixed w any such Power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has cak sed these presents to be signed by its Vice President, and itscorporate seal to be hereto affixed, this 18th day of April 19 03 - RELI E IN RA CE MP NV ice Pr iif _ STATE OF Pennsylvania COUNTY OF Philadelphia } On this 18th day of April , 19 83 personally appeared Raymond MacNeil to me known to be the Vice -President of the RELIANCE INSURANCE COMPANY,.and acknowledged that he executed and attested the foregoing instrument and affixed the seal of said corporation thereto, and that Article VII, Section 1, 2, and 3 of the By -Laws of said Company and the Resolu- tion, set forth therein, are still in full force. ax My Commission Expires: � May ? 19 84 a v\J # Notary Public in and for State of Pennsylvania V Residing at Philadelphia 1, J. A. Daily , Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of A(1mn xecuted by said RELIANCE INSURANCE COMPANY, which effect. of said Company this is still in full farce and / IN WITNESS WHEREOF, I have hereunto set my he d ed t�E� eel 8th day of DULY lg $$ BDR-1431 Ed. 6/79 \'ro,°RnrusW� Assistant Secretary - CITY OF DENTON INSURANCE [MINIMUM REQUIRL•'MENTS Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the work is completed and accepted by the City of Denton, Owner, minimum insurance coverage as follows: TYPE OF COVERAGE LIMITS OF LIABILITY I. WURKMEN'S COMPENSATION STATUTORY II. COMPREHENSIVE GENERAL LIABILITY Bodily Injury $30U,000 $1,000,UUO Each occurance Aggregate Property Damage $l0U,000 Each accident lfI_ COMPREHENSIVE AUTOMOBILE LIABILITY Bodily injury $300,000 $11000,000 Each person - Each accident Property Damage $100 000 Each accident A. In addition to the insurance described above, the Contractor shall obtain at his expense an OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY with the following limits: BODILY INJURY PROPERTY DAMAGE $3UU,000 each person $IUU,000 each accident $30U,000 each accident $1;000,UUO aggregate Covering the work to be performed by the Contractor for the City of Denton. B. The contractor will furnish the Owner's Protective Policy described above and execute the Certificate described on the following page to the City of Denton for its approval. Insurance must be accepted before commencing any work under the contract to which this insurance applies. The City of "Denton will be listed on all policies as an additional named insured. #U3yyc BID U 9463 PROPOSAL TO THE CITY OF DENTON, TEXAS For the Construction of PAYNE DRIVE WATERLI14E IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or namedeherein, that this proposalpisamade withoutpcollusiontwith any other person, firm or corporation; that he has carefully examined -the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will 'do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed therein and according to the requirements of the City as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the conte plaCittto complete quantities fully as whetheraincreased or decreased are to be performed at. the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. P - 1 It is understood and agreed that the work is to be completed in full within thirty-five (35) working days. Accompanying this proposal is a certified or cashier's check or Bid Bond, payable 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 proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. It is understood that the Owner reserves the right to reject any and all bids. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the Plans and specifications, for the following sum or prices, to wi,t: P - 2 a17 BID SUMMARY TOTAL BID PRICE IN WORDS LG/, In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Each proposal page or project included may constitute a separate bid and will be considered for that portion of the entire project. Awards will be made separately or in combination, whichever is considered the lowest and best evaluated offer to the City of Denton, Texas. Unit and lump -sum prices as shown for each item listed in this proposal, shall control over extensions. City and�8tate Seal & Authorization (If a Corporation) Telephone - P - 3 BID TABULATION SHEET PAYNE DRIVE WATERLINE Item Description W-1 12" PVC Watermain W-2 12" Gate Valve W-3 8" Gate Valve W-4 6" Gate Valve W-5 Fire Hydrant W-6 24" Steel Bore $ Casing W-7 8" Plug W-8 Cast Iron Fittings addendum Received BID # 9463 PON Unit Bid Quantity Unit Price Ext Tot LF 1847 24'—" /LF 4, s !9 � EA 3 i�ra!' /EA 2 EA 1 d.'Pa o/ EA o, EA 3 3,4.:5r EA 9, EA 1 EA a LF 350 Do0 EA 1 /DD o0 LB 0 /LB ap TOTAL��; P - 4 DATE July 2, 1985 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM G Chris Hartung, City Manager SUBJECT BID #4470 C I P UTILITIES, SECTION A RECOMMENDATION We recommend this bid be awarded to the low bidder, Dickerson Construction Co , for the amount of $200,727 50 SUMMARY This bid was advertised and sent to the usual list of some nineteen suppliers and contractors We received only three bids with a large spread from a high of $294,798 00 to the low $200,727 50 We have, however, checked Dickerson's item prices and do not find them to be off that far from some former accepted prices I do not find any item where there is an obvious error BACKGROUND Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Capital Improvements Programs FISCAL IMPACT There is no impact on the General Fund Respectfully submitted G Chris Hartung City Manager Prepared by u1� . ll✓' L' l P' Na%'�� �}bhrf J Marshall , C -PM /Title Purchasing Agent Approved Name / Jot(n 'J "Marshal l , C P M T,Ttie Purchasing Agent a z z w a 0 0 a z w a x 0 0 z w a z z — o o c Ln ce Of COWS ]C N W T T H O a O O U O N i M H A N A 01 J < Z M Q Q O W N (N O rW a. W J z ^ N N w T >. LL H a 0 0 = N Q +� C O 7 H Ol U � w E v N d N O E O O N H W N 914 N H H v N y H lid - m H CD H rn O io H N 3 m C g O O H m i-7 H 2 Ca F F 2 O G1 L1 W U 85- /V CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON )( THIS AGREEMENT, made and entered into this 8 day of July A.D., 19 85, by and between the City of Denton, Texas of the County of Denton and State of Texas, acting through G. Chris Hartung City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and Lewis Dickerson dba Dickerson Construction Co., Inc., Box 181 of the City of Celina and state of Texas termed CONTRACTOR. County of Party of the Second Part, hereinafter 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, 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: Bid #9470 C.I.P UTILITIES SECTION A Eurchase Order # 68922 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 Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or CA-1 0044b written explanatory matter thereof, and the Specifications therefore, as prepared by .parr Si fla�lr !'i +;i Fn9inaor all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such Payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: i ATTEST: APPROVED AS TO FORM: City Attorne CA-2 0044b By ,-kkAso.J o...j'(. (-ro. (ti' rt, (SEAL) =_sue STATE OF TEXAS )( COUNTY OF HARRIS )( -BOND NO: 612-4552 COMPLAINT NOTICE Shou.U. ary-_dispute arise _about_ your-premium'or about a claim ent PERFORMANCE BOND f oratwrteatlodthentact companytheaihat issued the policy. If the problem is not resolved, you may also write the State Board of Insurance, Department C, 1110 San Jacinto, Austin, TX 78786. This notice of complaint procedure is for infor- mation only and does not become I a part for condition of this policy. P1ID LLbIIS D. DIC�, , MEN BY THESE PRESENTS: That DICKERSON'CONSTRUCTION CO. INC. INDIVIDUAL , of the City of CELINA Countv of COLLIN , and State of TEXAS i as PRINCIPAL, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND r as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF DENTON, TEXAS as OWNER, in the penal sum of Two Hundred Thousand Seven Hundred Twenty -Seven and 50/100------ Dollars ($ 200,727.50 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presentsf``: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the TH day of jULy , 1985 , for the; construction of which contract is hereby referred to and made a dpart hereof same extent as if copied at length herein. . fully and to i NOW, THEREFORE, the condition of this obligation i`s such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications heretolannexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-1 l PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of t11e 56th Legislature, Regular Session, 1959, and all !liabilities on this bond shall be determined in accordance with the provisions of ;1 aid Article to the same extent as if it were copied at length herein. i PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in COLLIN County, State of Texas. , Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration r 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 17TH day of JULY 19 85 . DICKERSON CONSTRUCTION CO., INC. FIDELITY AND DEPOSIT AND LEWIS D. DICKERSON, INDIVIDUAL COMPANY OF MARYLAND Pri cipal By Title e, Address P.O. BOX 181 CELINA, TX 75009 Address ( SEA-) 2 (SEAL) The=name,.and+address of the Resident Agent of Surety is: "«hi:?•r.CrtPS WILL LAM H. RATZ & ASSOCIATES, INC. 2925 BRIARPARK #150, HOUSTON, TX 77042 t NOTE: Date of Bond must not be prior to date of Contract. i PB-2 0091b Surety REGENIA PIZZO yy. ATTORNEY -IN -FACT Titlewti r f ND NO: 612-4552 PAYMENT BOND STATE OF TEXAS )( COUNTY OF HARRIS )( AND LEWIS D. DIRJKS�L MEN BY THESE PRESENTS: That DICKERSON CONSTRUCTION CO. INC. INDIVIDUAL of the City of CELINA ' County of COLLIN and State of TEXAS as princiIpal, and ' FIDELITY AND DEPOSIT COMPANY OF MARYLAND l} authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto THE CITY OF DENTON,ITEXAS , OWNER, in the penal sum of Two Hundred Thousand Seven Hundred Twenty -Seven and 50/100- Dollars! ($00 P,727.50 for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 8TH day of JULY I 19 85 BID 49470 C.I.P. UTILITIES SECTION A PURCHASE ORDER #68922, to which contract is hereby referred to and made a part hereof as fully and to thr• 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 prosection 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, shah 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 WITHNESS WHEREOF, the said Principal and Suety have signed and sealed this instrument this 17TH day of JULY 19 85 DICF� CONSTRUCTION CO., INC. FIDELITY AND DEPOSIT AND LEWIS D. DICKERSON, INDIVIDUAL COMPANY OF MARYLAND .Principal S�urety Z' BY v y RegEiia Pizzo j — Title 9e" Title Attorney -in -Fact Address P.O. BOX 181���R Address 2925 BRLARPARK #150 CELINA, TX 75009 HOUSTON, TX 77042 3 '(SEAL) (SEAL)•.'# The>,,namevand``address of the Resident Agent of Surety is: W=IAM H. RATZ & ASSOCIATES, INC. 2925 BRI)PLRPARK #150, HOUSTON, TX 77042 PB-4 0092b d i i j BOND NO: 612-4552 MAINTENANCE BOND STATE OF TEXAS )( COUNTY OF CIS )( LEP7IS D. DICKERSON KNOW ALL MEN BY THESE PRESENTS: THAT Ul}K)1tS01I CONSTRUCTION m _ ra0 Anm INDIVIDUAL as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND 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 ` Twent Thousand Seventy - Two and 75/100----------------------------- Dollars 20,072.75 10% of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally. This obligation is conditioned, however „ Yhat: DICKERSON CONSTRUCTION CO., INC. AND WHEREAS, said LLWIS D. DICIaRSON,IINDIVIDUAL has this day entered into a written contract with the said City of Denton to bi and construct BID #9470 C.I.P. UTILITIES, SECTION Al wnicn 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 incorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, and: WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising' from the improper construction of the improvements contemplated by said contractor on constructing the same or on account:of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on ithe part of said Contractor to comply with the terms and provisions of said contract and this bond. 0093b MB-1 I i NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (i) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. I It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein' provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. I IN WITNESS WHEREOF the said DICKERSON C AND LEWIS D. DICKERSON, INDIVIDUAL as Contractor and P these presents to be executed by FIDELITY AND DEPOSIT COMPANY and the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND as surety, has caused these presents to be executed by its Atto REGENIA PIZZO and the said Attorney -in -Fact has t this 17TH day of DULY 1985 SURETY: FIDELITY AND DEPOSIT COMPANY OF MARYLAND BY: a<hkjt tN rt 'ttorne} 0093b act PRINCIPAL: DICKERSON AND LEWIai MB-2 RUCTION CO., INC. ipal, has caused MARYLAND -in-Fact into set his hand CO., INC. INDIVIDUAL I POWER OF ATTORNEY Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, a New Jersey Corpora- tion, has constituted and appointed, and does hereby constitute and appoint William H. Ratz, Carole Kamman, Maryanne Wilson and Regenia Pizzo of HoustonT , exas------------------------- I each its true and lawful Atlorney-in-Fact to execute under such designation in its name and to affix its corporalet; surety thereon or otherwise, bonds of any of the following classes, to -wit: !ff 1. Bonds and Undertakings filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magi specified in such Bond or Undertaking. jr 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted unde or Internal Revenue; License and Permit Bonds or other indemnity bonds under the yp laws, ordinances or ref Board or c or lion bonds,her Miscelllaneouor s Surety bondslland bonds on behalf ofrivate; bonds to Notariesiion Public, heriffs, Deputyas, Lost Sheriffs 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. to and deliver for and on its behalf as for the doing or not doing of anything laws or regulations relating to Customs ens of any State, City, Town, Village, s; Lease bonds, Workers' Compensa- similar public officials. In Wltn s Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these Presents to be signed by its Assistant Vice -President and Assistant Secretary and its corporate seal to be hereto amxed this 2nd day Of September i9 83 Corporate Seat nor:' na FEDER By Assailant Secretary STATE OF NEW JERSEY County o1 Somerset ss. Gains 2nd dayof Se tember 19 SURANCE COMPgNY, me cot p 83 .before me personally came Richard D. O'Connor to me known and by me known to be Assistant Secretary of the FEDERAL IN- pumbon described in and which executed the foregoing Power of Attorney, and Ine said Richard D. O'Connor being by me duly sworn, did depose and say that he is Assistant Secretary of IN FEDERAL INSURANCE COMPANY and knows the corporate seal thereof, that the seal anterior to the foregoing Power of Attorney is such corporate seal and was thereto affixed by aullanly of the By -Laws of said Company, and that he synod said Power of Attorney as, Assistant Secretary of said Company by like authority; and that he Is acquainted with George McClellan and knows him to W the Assistant Vice President of said Company. and Our 'he signature of said George McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subscribed by authority of said BY Laws and in deponents waxence 1{ y....., t Notarial Seal .'. y �ICIA ]]L4Rj i V Ng TII ti y Acknowledged and Sworn to before me Iop-theJ tale above wnllen. s l-- PUBLIC No ry Public PAI RICIA RYAN / s•��-w J(.fiSF'�. CERTIFICATION 4•^• NOTARY PUBLIC OF' NEW /1/qi�EX STATE OF NEW JERSEY 1 County of Somerset ss. My Commission Expires December, 11. 1983 J I, the undersigned. Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby comfy Ina, Ile following Is a true eeeerpl born lie Bylaws of on March 11, 1953 and moat recently amended March 11, 1983 and that this By Law is In full force and effectthe said Company a5 adopted by Its Board of Directors . t "ARTICLE xVlll. ({[{ Section 2. All bonds. undertakings, contracts and other instruments other than as above for and on behalf of the Company which ,l is authorized by law or its charter to execute, may ert and shall be executed in IN name and on behalf of the Company either by the Chairman or the Vice -Chairman or the President or a Vice -President, jntly with the Secretaryor an Assistant Secretary, under their respective designations, except that any one or more officers or ettorneys-iO-fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of ahoney executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney. Seclon 3. All powers of alpmey for and on behalf of IN Company may and shall ber executed in the name and on behalf of the Company. either by the Chairman or IN Vice Chairman .,the President or a Vice President or an Assistant Vice President, faintly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such Ottkers may be engraved, prinlld Or lithographed." 1 further canily that Said FEDERAL INSURANCE COMPANY is duly licensed Io transact fidelity and surety business in each of the Slates of the United Slates o Provinces of Canada with the exception of Prince Edward Island, and is also duly licensed to become sole suretyon bonds, undertakings, etc., permilled or ho 1, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is in full force and effect. Given under my hand and the seal of said company a1 warren, N.J., Corporate Seal 17th I� JULY area, District of Columbia, PO -no Rico, and each of the bylaw. m Form 21 1003331Ed. TB3) GENERAL 1 PRIFTEd U. A I BID # 9410 PROPOSAL TO THE CITY OF'DENTON, TEXAS For the Construction of 1985 Utility CIP Section A o l IN I DENTON, TEXAS The undersigned, as bidder, declares that the only person or parties interested,in this proposal as principals arelthose named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the form of contract, Notice to Bidders, j specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools,- apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed therein and according to the requirements of the City as therein set forth. j i It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. I It is agreed that the quantities of work to be done atunit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to'be performed at the unit prices set, forth . below except as provided for in the specifications. t. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but hot shown on the plans or required by the specifications, in accordancewith the provisions to the General Conditions. Similarly, they may be 1 decreased to cover deletion of work so ordered. P - 1 It is understood and agreed that th.e full within one hundred (100) working Accompanying this Bid Bond, payable of the total bid. work is to be days. eted in proposal is a certified or cashier's check or to the Owner, in the amount of five percent It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail tolexecute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, andIshall be considered as payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. It is understood that the Owner reserves the right to reject any and all bids. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: ` } P — 2 BID #9470 BID SUMMARY TOTAL BID PRICE IN FIORDS IV J,v a V -L In the event of the award of a contract to the undersigned,the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed' and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall belaccepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct andifinal. Each proposal page or project included may constitute a sepagate bid and will be considered for that portion of the entire project. Awards will be made separately or in combination, whichever is considered the lowest and best evaluated offer to the City of Denton, Texas. Unit and lump -sum prices as shown for each item listed in thiI proposal, shall control over extensions. /h CONTRACTOR BY Il f q Street Address City and State Seal & Authorization (If a.Corporation) Telephone P 3 BID TABULATION SHEET 1985 UTILITY CIP - SECTION A BID I« 9470 PO $ I I I I UNIT I I I ITEM I DESCRIPTION I QUANTITY I UNIT I PRICE TOTAL I I W-1 1 6' PVC Water Line 1 50.00 I LF I Zo, `� I ! 000, �= I I W-2 1 8' PVC Water Line 1 3,120.00 I LF I v_ 1 (03 8o I I I I I 20 I ( f I' I W-3 1 10' PVC Water Line 1 631.00 1 LF I I I I I I 1 I I I W-4 I 12' PVC Water Line 1 561.00 I LF I W-5 I I 12' Ductile iron Water Line 1 I I 160.00 I LF I i z5.f= I 4,0«,• �- I I W-6 I 1 6' .Valve 1 5.00 I EA I I I I W-7 F I 8' Valve I 6.00 1 EA I W-8 I I 12' Valve I 1.00 1 EA 1 950,- I W-9 I 1 6' Fire Hydrant 1 3.00 I EA 1 850.,= I y5su. `- I W-10 I 1 8' Fire Hydrant I I 1.00 I EA 1 1000. I W-11 I 13/4' Water Service I 72.00 I I 1 EA 1 I I 1oa.-- 1 I /4,v°o•'' I I W-12 1 1' Water Service 1 5.00 1 EA I W-13 1 1 1/2' Water Service i 15.00 1 EA I Soo I W-14 1 Connect Service to Exist Meterl 92.,00 1 EA I 150-'T 113,goo.' 1 I W-15 1 24' Bore and Casing 1 150.00 I LF 1 1-0O' 1' ' S, _ I 1104-AI Remove Conc. Pavement 1 50.00 1 Sy 1 zs' 1104-BI I I Remove Conc. Curb and Gutter I 20.00 1 LF I /o.'� 1 104-CI I I Remove Walks and Drives I 45.00 1 Sy 1 i0, �= I 1340-BI I Asphalt Patch (Type D) I I 400.00 1 I ton 1 I I I 360 i I Conc. Pavement 8' 1 I 30.00 I I sY 1 1 1421 I Conc. Encasement I 15.00 1 CY 1 �s'J� 1 �Zs I I I 1522 1 I Conc. Curb and Gutter I I 20.00 1 I LF 1. 15.'= I I 3°0. - I I 1524-AI I Conc. Drive 1 I 63.00 1 I SY I 27 '. I I /9oi •= I I I I I SP-2 I Saw Cut Existing Concrete 1 350.00 1 LF I S.• I 7so I I I SP-3 1 I I I Conc. Headwall I I 1.00 1 I -Cy I 275.° I I $75•'= 1_ I I I I TOTAL I I I I z'1.5� Jk I I General Item I W-16 I Cast Iron Fittings 1 0 1 LBS 116lg G / ?. 0. BOX 18i - CcuNA, TEXAS 75009 - (214) 382-2123 OR.382.2761 ;3, June 1985 City of Denton c/o Purchasing D::nton, Texas Dear Sirs:i Tnis is to'qualify our.bid as follows. 1. If rock is encountered it will be excavated at the price of $25.00 (twenty-five dollars) per cu. yd. t 2. Asphalt patch (type D) will be paid for- by the tonnage shown on ticket where purchased. Thisi,item 340-B will cover all asphalt patching that the contractor, Dickerson Const. Co., Inc. will be required to patch. i 3. All staking ;will be done in advance of1progress of work and any delays from staking or City of Denton needing to make a decision about any changes from the plans or specifications the contractor will be paid by the hour for all men and equipment that is shut down for any delays. If Dickerson Const. Co., I'nc. has to move from work site because of such delays they will be compensated for time lost plus any moving cost incurred. It 4. Since the waterline shown on plans is eo be located 2' from curb all curbs damaged during construction will not be the responsibility of the contractor. 5. -If any line is, to be deeper than called+ for `on the' plans or specifications there will be e°x.tra pay for I any extra depth of trench. Tnese qualifications will become a part of our proposal and if. accapte� will become a part of the contract #9470 with the it De i icker on Const. Co., Inc. Lewis Dickerson - President -D/ch CITY OF DENTON INSURANCE MINIMUM REQUIREMENTS Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the work is completed and accepted by the City of Benton, Owner, minimum insurance coverage as follows: I II WORKMEN'S COMPENSATION COMPREHENSIVE GENERAL LIABILITY Bodily Injury Property Damage STATUTOR $300,000 Each occurance $100,000 Each accident COMPREHENSIVE AUTOMOBILE LIABILITY Bodily Injury Property Damage $300,000 Each person $100,000 Each accident A. In addition to the insurance describe Contractor shall obtain at his expens PROTECTIVE LIABILITY INSURANCE POLIC following limits: BODILY INJURY PROPERTY DAMAGE L1 $1,000,000 Aggregate $1,000,000 Each accident above, the an OWNER'S with the $300,000 each person $100,000 each accident $300,000 each accident $1,000,OUO aggregate Covering the work to be performed by the Contractor for the City of Denton. l B. The contractor will furnish the Owner'4s Protective Policy described above and execute the Certificate described on the following page to the City of Denton for its approval. Insurance must be accepted before commencing any work under the contract to which this insurance applies. !tI The City of Denton will be listed on all policies as an additional named insured. 1 #0399c CERTIFICATE OF INSURANCE THIS IS TO CERTIFY that the following policies, subject to their terms, conditions and exclusions, have been issued by the company or companies shown below: THIS CERTIFICATE OF INSURANCE neither affirmatively or negatively amends, extends or alters the coverage afforded by tale policy or policies shown below, nor is it an endorsement making the person, firm or corporatibn at whose request it is issued an additional insured on the policy or policies refereed to herein. In the event of any material change in or cancellation of the policy or policies, the company or companies MIT mail ten (10) days' written notice to the party to whom this certificate is addressed, NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED r DATE: REMARKS: City of Denton 901-B Texas St. Bid ll Denton, TX 76201 L Attn: John J. Marshall, C.F.M. Purchasing Agent iJAfviE AND ADDRESS OF INSURED: Insurance Company P V T Type of Insurance Policy Number Effective Date Expiration Date LIMITS OF LIABILITY' Workmen's Compensation and Statutory . Employers Liability Employers Liability Limits—$100,000 Comprehensive General Liability Bodily Injury 3 Each Occurrence Aggregate Prc,l—c Property Damage $ Each Occurrence S Aggregate Operations 3- Aggregate Protective $ Aggregate Contractual I aggregate r•rooucts $ &Completed Operati.. Comprehensive Automobile Liability" Bodily Injury t $ Each Person 3 Each Occurrence Property Damage 4 S Each Occurrence 'Absence of any appropriate entry means no such insurance is in force. NAME AND ADDRESS OF AGENCY "Covers all awned• non -owned or hired vehicles. f PHONE NUMBER. OF AGENCY Authorized Representatives of the Insurance Companies referred to aliov CI-2 _ t INSURANCE CERTIFICATI This is to certifythat the "' policy or policies listed below have been issued to the named insured and are�in' Certificate shall remain in effect until the listed expiration date, if any, or until 10 days after written notice is m; shall first occur. This certificate is not an insurance policy and does not amend, alter or extend coverage afforded by the polir term or condition of any contract or other document with respect to which this certificate may be issued or Policies listed is subject to all the terms of such policies. rovmc " AUUKtaa vt CLRIIHCATE HOLDER 4.i ce-as rof the date of this certificate. This' ] to the certificate holder, whichever date listed. Notwithstanding any requirement, ry pertain, the insurance afforded by the EFFECTIVE DATE OF. THIS ` July r29.'r 198 ISSUED AT -__— City of Denton "Sherman,` Texas Purchasing Department I 901-B Texas Street ' 'Texas EMF3LOYeRS snsuRance ASSOCIaTIon .Denton, Texas 76201 Texas EmpL oyeRs Attn: Mr. John Marshall . InoemnlTY company AND ADDRESS OFEFTIPLOYeRS'Casua LTY - ' INSURED—` '-'-`----------�— — - C ^iak�`-v.+a-,w.gr�,y i EmPLOYeRS NaTionaL In SURance company Fm Ot nvcoc +4aeKerson construction Co., Inc. CORPORaTIOn P.De Box 1$1 Celina, Texas 75009 EETIPLOYeRS NaTlonal- InsURance CORPORarlon I - - EMPLOYeRS OF Texas - F LLOYD'S . J BY athorized presentative) - (Signed) (Typed) Bob Sims, Dist. r. INSURANCE IN FORCE Expiration Dots LIAViS OF IIABIIITY NOT 1E55 THAN � -� STATE AND Kind Policy Number Each Perron Farh Anidmr I- Ern I Par Polity P rro I 1"' o<rOr Per Policy Provisions Per Peliry Irovisions A„copal. LOCATION OF OPERATIONS It.. I 9 Pat 1 e Fully Complies With Requirements of 0 o ° 73073 bias Workers' Compensation Law '• C.v.m a Di,ea,e Only Diwaw Only ° STATE OF TEXAS 3 w Part II And Renewal If Blank - Thereof See Heading $100,000 $100,000 $500000 Item I Cevero a Fully Complies With Requirements - . oPart N/A f Scale Law�. Only Disease Only v o yDivasa 3 w W Covensga Part II -And Renewal " `LYelf BI 4 'vt+�� _.�—.......�....•.,... -...c.a--^e+-rex<... T-"s' ar }I`{ Thereof Sea Heading $100,000 $100,000 $500,000" Dens a "° Bodily '"j"" $ s500 $ § v 827336* 000 Prodacr, Only - o O • Property Damage And Renewal Thereof IF Blank - See Heading x X X C�Fmbined S le Li U.S.A. ITS TERRITORIES OR POSSEfSIONS AND UNADA ' Item 4 Bodily $ $ a = t Injury _ Not Applicable PP U.S.A. ITS TERRITORIES OR a' n o Properly And Renewal If Blank - Not POSSE95IONS AND CANADA Damage Thereof See Heading X x x S Applicable Item S $ $1,000,00)$11 Commercial 652166 XXXX 000,00 Umbrella And Renewal al If Blank - See Heading $ $ $ ens a S $ $ And Renewal If Blank - Thereof See Heading $ $ S "I"""' *Policy Includes Blanket Contractual, Products 6 Completed Operations 11101 E O 17993�(41-84) u k DATE July 2, 1985 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM G Chris Hartung, City Manager SUBJECT BID #9475 DEMOLITION & CLEARING OF LOTS #3 RECOMMENDATION We recommend this bid be awarded to the only bidder on this project, Bighorn Excavation & Grading Co , for the total amount for all projects of $13,778 00 SU1414ARY This bid was sent to sixteen prospective vendors/contractors This is the same list we have sent before receiving some four to six bids However, for the last two bids for this type work, Bighorn has been low and in some cases way low We have awarded two other bids to Bighorn, and they satisfactorily completed the work We have examined this bid carefully and find that item 5 may be some high but in line Therefore, we are recommending the total bid award BACKGROUND Tanulation Sheet Memo from the Department PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED This is on a Grant program FISCAL IMPACT There is no impact on the General Fund Payment will be made only with the completion and acceptance of each project or item, or the completion of the total combined projects as bid Respectfully submitted G Chris Hartung City Manager Prepared by N�me^ John J Marshall, C P M Title 'Purchasing Agent Approved Names J Marshall, C P M Tytle purchasing Agnet x z z w x 0 z z x 0 cm z W x 0 z z w x 0 a z w `-+ Z O O O O O O O O O O CL CD O O O Q o O rn co Q = z O N ONi Lo C.D cJ n N LO m X Cl m W ep ' N N O J LO W N I O O C7 N L7 r Wrx J r O w H r Y rp Z Cl Lr)C) OD N O O ~ co Lo O Q H N Z N Q U p U r 0- CD LO N W LOO NW w F�- co CD 3 N Y 07 r~-i co O Fa ]C f 3 oty RS .-i J \ O O O < J elf O 49 Ln O IT I Lo Z rr O U o2j W Z E CD �f d' Ol W M\ O LO N N Fy H ti K N tD C) 0 O LO O Z I 00 d' Q> n n n Lr) N W .�.. H z G D .. E- =1 t•+ 2 1052L THE STATE OF TEXAS § COUNTY OF DENTON § JUL 2 41985 d ii DEMOLITION & CLEARANCE CONTRACT This Agreement is made on the _ 8 day of July , 1985, between V.t•i. Dicksi n db of the City of Denton , County of Denton , State of Texas, hereinafter referred to as "Contractor" and the City of Denton, Texas, a Municipal Home Rule Corporation, herein- after ::zferreu to as "City". In consideration of the mutual covenants contained herein and other good and valuable consideration, the Contractor and City agree as follows: 1. Contractor will dismantle and carry away all of the materials as agreed to and specified in Attachment "A" entitled "Scope of Services" and made a part of this agreement herein, for the structure and/or improvements situated on the prope:•ty located at the addresses indicated on the attached proposal for Bid #9475 and described more particularly as follows: Purchase Order #68920 The premises shall be left clean and free from all rubbish and debris. 2. Contractor will provide all labor and materials and furnish and erect, at its own expense, whatever equipment or work may be necessary for the expeditious and proper execution of its duties hereunder. 3. Contractor will secure, at its own expense, all permits, licenses, franchises, and consents required by law or necessary to perform its work and will give all notices and pay all fees and otherwise comply with all applicable city, county, and state laws, ordinances, rules and regulations. 4. Contractor will begin work within ten (10) days of the execution of this contract and complete the same by the 9 day of August 19 85 Should contractor at any time refuse or neg ect to supply a sufficient number or amount of properly PAGE 1 r skilled workmen, materials, or equipment or fail in any respect to prosecute the work with promptness and diligence, or fail to perform any of the agreements of this contract, City may, at its election, terminate the employment of Contractor, giving notice to Contractor in writing of such election, and enter on the premises and take possession, for the purpose of completing the work .included under this agreement, all of the materials, tools, and appliances belonging to Contractor, and to employ any other person or persons to finish the work and to provide the materials therefore at the expense of the Contractor. 5. Contractor shall not commence performance of the services enumerated in Section 1 hereof until he has confirmed that all utility services have been disconnected. 6. Contractor will be in full charge and assume all liability of the dismantling and clearing away of.the material, brick, wood, and other substances off said property. Contractor, his agents, and servants,will:be liable and responsible for all damage done to other property adjoining the property so described.above and shall be responsible and liable for' any damage done to any person that might be injured while said material is being removed or for any damages resulting from failure to disconnect utility services. Furthermore, the Contractor will indemnify the City against all suits or claims arising out of. Contractor's performance of 'its duties under this contract, regardless of who makes the claim or whether the claim is based on the alleged negligence of Contractor. Contractor will defend all such actions at its own expense, including attorney fees, and will satisfy any judgment rendered against the City in any such action. 7. City will pay to Contractor, as consideration for the ser- vices rendered hereunder, the total sum of Thirteen Thousand Seven Hundred Seventy -Eight and no/100=====__= Dollars within I ten (10) days from the date of completion of this contract in a manner satisfactory to the City. PAGE 2 8. The contractor shall secure and maintain the following insurance coverage during the term of this contract: a) Workers' Compensation and Employer's Liability Insurance for all persons engaged in the work at the site as required by State Law; b) Public Liability Insurance in an amount not less than One Hundred Thousand Dollars ($100,000) for personal injuries, including accidental death, to any one person; and in an amount not less than Three Hundred Thousand Dollars ($300,000) for personal injuries or death in any one accident; c) For injury or destruction of property not less than One Hundred Thousand Dollars ($100,000) in any one event; d),Certificates of Insurance evidencing such coverage shall be provided to the City of Denton Community Development Block Grant office prior to the beginning of work; e) All insurance policies shall be issued by insurance companies duly authorized to do business in the State of Texas. CONTRACTOR 4�:k CITY OF DENTON, TEXAS or BY: BY: G. HA CITY MANAGER RIC S EHLA ASSISTANT CITY MANAGER PAGE 3 PURCHASING DEPARTMENT City of Denton 901-B Texas St. Denton, Texas 76201 BID INVITATION Bighorn Excavating & Grading Dick Dicksion Rte 3, Box 3302 Denton, TX 76201 CITY OF DENTON, TEXAS Date May 28, 1985 BID NUMBER 9475 BID TITLE DEMOLITION & CLEARING OF LOTS #: Sealed bid proposals will be received until 2:00 p.m. lttnp 18, 1985 , at the office of the Purchasing Agent, 901-B Texas St., Denton, Texas 76201 For additional information contact JOHN J. MARSHALL, C.P.M. TOM D. SHAW, C.P.M. PURCHASING AGENT ASSIST. PURCHASING AGENT Office 817-566-8311 INSTRUCTIONS TO BIDDERS DIFW Metro 817-267-0042 1. Sealed bid proposals must be received in duplicate, on this form, prior to opening date and time to,be considered. Late _ proposals will be returned unopened. - 2. Bids shall be plainly marked as to the bid number, name of the bid, and bid opening date on the outside of completely sealed envelope, and mailed or delivered to the Purchasing Department, City of Denton, 901-8 Texas St., Denton, TX 76201. 3. Any submitted article deviating from the specifications must be Identified and have full descriptive data accompanying same, or It will not be considered. 4. All materials are to be quoted FOB Denton, Texas, delivered to the floor of the warehouse, or as otherwise indicated. 5. The City of Denton, Texas reserves the right to accept separate items in a bid unless this right is denied by the bidder. 6. In case of default after bid acceptance, the City of Denton, Texas may at Its option hold the accepted bidder or contractor liable for any and all resultant increased costs as a penalty for such default. 7. The City of Denton reserves the right to reject any and all bids, to waive all informalitles and require that submitted bids remain in force for a sixty (60) day period after opening or until award is made; whichever comes first. •. ... _ 8. The quantities shown maybe approximate and could vary according to the requirements -of :the City of Denton _throughout the contract period. 9. The Items are to be priced each net. (Packaging or shipping quantities will be considered.) 10. The Purchasing Department assumes responsibility for the correctness and clarity of this bid, and all information and/or questions pertaining to this bid shall be directed to the City of Denton Purchasing Agent. it. Any attempt to negotiate or give information on the contents of this bid with the City of Denton or its representatives prior to award shall be gounds for disqualifications. 12. The conditions and terms of this bid will be considered when evaluating for award. 13. The City of Denton Is exempt from all sales and excise taxes. (Article 20.04-B) WD NUMBER 9475 BID PROPOSALS Page 2 of 19 ITEM STOCK NUMBER DESCRIPTION QUAN. PRICE AMOUNT 1. Demolition and clearing work at 904 Industrial. 1 1. Remove partially burned house. 2. Remove all trash, debris, dead trees and bushes. 3. Do not disturb wooden fence on back of lot. 4. Grade lot smooth for mowing. 5. Work to be completed in t1 days after issuance of Purchase Order. 2. Demolition and clearing work at 720 Cook. 1 ` v 1. Remove partially burned house. 2. Remove all debris, junk, trash and dead trees and bushes. 3. Do not disturb any vehicles on lot. 4. Grade lot smooth for mowing. 5. Work -to be completed in / Ll days after issuance of Purchase Order. 3. Demolition and clearing work at 706 & 708 Paisley. 1 1. Old Barn or.garage on rear of lot. 2. Trash and old car parts around garage and fence. 3. Trash and rubbish inside chicken yard. 4. Leave yard level for mowing. 5. Remove fence in order to haul off the trash, then reinstall fence. 6. Do not disturb :residential houses on the lots. 7. Work to be completed in /s,1 days after issuance of Purchase Order. TOTALS 3 We quote the above f.o.b. Denton, Texas. Shipment can be made in days from receipt of order. Terms net if not 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 constitues a contract. s_ pt• Date Bidder 'F}I DNUMBER 9475 BID PROPOSALS Page. 3 of 19 ITEM STOCK NUMBER DESCRIPTION QUAN. PRICE AMOUNT 4. Demolition and clearing work at 710 Frame. 1 1. Removal of leaning wooden garage on (northeast) section) reat of lot. 2. Removal of all trash, rubbish and junk around the exterior and inside of the structure. 3. Leave lot smooth for mowing. 4. Do not disturb main residential structure. 5. Work to be completed in s y days after issuance of Purchase Order. 5. Demolition and clearing work at 501 N. Wood. 7 1. Remove structure including foundation and concrete steps. 2. Remove all debris, junk and bushes. -- 3. Work to be completed in -7, b days after issuance of Purchase Order. 6. Demolition and clearing work at 75' x 200' size lot in northeast corner of Normal and W. Oak St. known as 208, 210, & 212 Normal St.; 1510, 1512, 1514 W. Oak also partially burned apartment attached to 214 Normal. 1. Demolish and remove partially burned garage apartment attached to 214 Normal. 2. Remove all debris, trash and junk from around garage apartment and from previous demolition sites at 208, 210 and 212 Normal; 1510, 1512, 1514 W., Oak. 3. Do not disburb the two white two story houses located at 204 & 214 Normal. Do not remove anything in the immediate vicinity of the two above mentioned houses. 4. Remove all dead trees and brush. ' - TOTALS 3 We quote the above f.o.b. Denton, Texas. Shipment can be made in days from receipt of order. Terms net if not 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 constitues a contract. Date Bidder Title Signature ',131D'NUMBER 9475 BID PROPOSALS Page_. 4-. of 19 ITEM STOCK NUMBER DESCRIPTION QUAN. PRICE AMOUNT 6. Normal and H. Oak St. continued. 5. Grade lot smooth for mowing. 6. Refer to attached map for specific details. 7. Work to be completed in I— days after issuance of Purchase Order. 7. Demolition and clearing work at 516 A 518 E. Prairie. 1. Finishing of incomplete demolition. 2. Removal of all trash, rubbish, junk, small trees or bushes and dead trees. 3. Leveling and grading of the lot smooth for mowing. 4. Work to be completed in IL)— days after issuance of Purchase Order. NOTE: The Contractor will furnish proof of insurance prior to bid award. . All debris, brush, lumber, trees, etc. must be disposed of according to Ctiy ordinances/policy and state statutes. This bid will be awarded in the best interest of the City of Denton to the lowest, qualified, approved bidder; and may be awarded by item or location rather than the total for all locations. l`�C ✓f S : ,/1J plorf s er TOTALS We quote the above f.o.b. Denton, Texas. Shipment can be made in days from receipt of order. Terms net if not 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 coonstitues a contract. Date — / Z.- 0 J� Bidder ACV �X 0✓pe Title PW/v FR Signature