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SPECIFICATION AND CONTRACT DOCUMENTS
FOR THE CONSTRUCTION OF
INTERSECTION
IMPROVEMENTS
. APR] L , 1976
PREPARED BY
DEPARTMENT OF COMMUNITY DEVELOPMENT, CITY OF DENTON, TEXAS
JI IMIE J. JON S
Cl Y ENG NEER
•
TABLE OF CONTENTS
Notice to Bidders
Proposal
Standard Form of Agreement
General Provisions
0
•
NOTICE TO BIDDERS
•
Sealed bids addressed to the Honorable Mayor and City Council of
the City of Denton, Texas, will be received at the office of the
Purchasing Agent, City Hall, until 2 p.m, on April 27, 1976, for
the construction of :.ntersection improvements in the City of
Denton. The bids will be publicly opened and read by the Pur-
chasing Agent at 2 p.m. on April 27, 1976. The City Council will
officially review the lids at their regular meeting on May 4, 1976,
and award the contract as soon thereafter as practical.
Each bid must be accompanied by a cashier's check, certified check
or acceptable lA dder's bond payable without recourse to the City of
Denton, Texas, in an amount not less than five (5) percent of the
bid submitted as a guarantee that the bidder will enter into a con-
tract within ten (10) days after the notification of the award of
the contract to him.
The right is reserved, as the interest of the City may require, to
reject any and all bids, and to waive any informality in bids
received.
Major bid quantities for the project are as follows:
191 S.Y. 4" Concrete Sidewalk
316 S.Y. 7" Concrete Pavement
175 S.Y. 8" Concrete Pavement
391 L.F. Concrete Curb & Gutter
635 L.F. 6" Concrete Curb
73 L.F. 2]." Rein. Conc. Pipe
Plans and specif;.cations may be securad from the Director of Com-
munity Development, 215 E. M-Kinney, Dento:i, Texas, on deposit of
twenty ($20.00) dollars per set, which sum so deposited will be
refunded, provided the documents are returned to the City within
ten (10) days after the bids are opene3.
CITY OF DENTON, TEXAS
e
PROPOSAL
to
THE CITY OF DENTON, TEXAS
For the Construction of
INTERSECTION IMPROVEMENTS
in
DENTON, DENTON COUNTY, TEXAS
The undersigned, as bidder, declares that the only person or
parties interested in this proposal as principals are those
named herein, that this proposal is made without collusion
with any other person, firm or corporation; that he has care-
fully examined the form of contract, Notice to Bidders, spec-
ifications 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 nec-
essary 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
O of the Engineer as therein set forth.
It is understood that the estimated quantities of work to be done
are approximate only. It is further agreed that lump sum ;;ices
will represent- the full compensation for each individual project.
The owner may award one or more projects to an individual bidder.
It is understood and agreed that the ;cork is to be completed in
full within 40 working days if all projects are awarded to the
same contractor.
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 provosa:
shall be returned to the bidder, unless in case of the acceptance
of the proposal, the bidder shall fail to execute a contract with-
in ten 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 Owner may also reject one or more individual
projects while accepting the bid for the remaining work.
The undersigned hereby proposes and agrees to perform all work
•
plansaandespec.ifications, forithetfollowingrl~umpesumtprices,
Co wit:
INTERSECTION IMPROVEMENTS
Project #1--Carroll Boulevard at Henry Street--Lump sum bid
price for completing all work as noted on plan sheet
00
Total Bid in Figures R S PS
• Total Bid in Words E. /I t j ~ o.,s°" •e"
Twe N-tV r.Ve oUavS k,vd No C°ea~t
Project #2--Avenue A at Hickory Street- -Lump sum bid jrice
for completing all work as noted on plan sheet
Total Bid in Figures
Total Bid 3'. Words rovwte F/5-0 -Vd •Seve#
llvu it-ed Tea 1)Q/ ass ti ,vd C'O' V /.S
Project #3--Oakland Avenue at Withers Street--Lump sum bid
• price for completing all work as noted on plan sheet
.
vo
Total Bid in Figures f/ /
Total Bid in Words Cava ThcoSva T Yee Hciud,Yal
A f Qo /A r.? act No G' is
Project #4--Elm Street at Fort Worth Drive--Lump l~~m~idt
plan
price for completing all work as noted on
Y 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
or
Total Bid in Figures `
r0UY ll reC(
Total Bid inW9 rds Two 7/o~T sANc
TPN (/c~/Ai5 Aa Ne 6,. 775
Total Bid for all Projects
Bid in figures 7~r.,
Bid in Words 7-~-7,veti f ~''!~7--/ ~v' N Nd No C°~ N is
R'.~NC1rec~ r w~u t yr
It ;s under,taod that the work proposed to be clone shall be
accepted, when ifications, t,ollthle`satisfaction41of
with the plan and and spec
the Engineer.
The undersigned certifies that the lump sum bid prices contained
in this proposal have been carefully checked and are submitted
as correct and final. Lump-sum prices are shown in words and
figures for each item-listed in this proposal, and in the evert
'of a discrepancy, it is understood that the words shall control.
Pxtee:s ovoiea lwe 6wjea o,/ 7we NWN,eo Or ple Fain _
_P,eaveer.s As ONE eowr'eAer.
V a Id je (4 A1,$ ~i-`G ),'0 Al ~OM 4IVIV
Contractor
By t(~ y 1J'1a ~ic~f~/
(Title)
~,0, IJox 1036
Seal & Authorization (Street Address)
(if a Corporation) ,
- !/a~ ,e s / e ,os 7520 7
city and State
PO - 63/ - 1750
-(Telephone Number)
,
BID BOND
o«
1A.
KNOB' ALI. MEN BY TIIESF PRESENTS: a
That'._ ...................................WALDE,.COi93TRUCTION..COtIPANY.............................................
of ........................DALLAS. r..................... State of..... T.ACA.S.......
hereinafter called the Principal, and, k'.jR'..,_.N.S_13; lIMUCE CO'1WlY..OF PJI;'4RK N...J.
hereinafter called the Stmety, are held and firmly bound unto..,. ITY. W.UNTON
..................................,r..
of D .ENTON, State o
. d TEXAS__.
hereinafter called the Obligee, in the sum of Five, Percent MY of, the Greatest. Amount Bid
p, bind . . trtei2`. . ' . . t Dollars.,
for the payment whereof to the Obiigte. the Principal . . hirs, executors,
administrators, successors, and assigns, and the Surety binds itself, its successors and assigns,. firmly by these i
presents.
Signed, sealed and dated this twenty-%jegenth,.. day of ......April . 19 .76
De 27, 1976
Ahereas the Princi otfl is heinterreaith subsectionmi.improvements ttig the accompanying bpd dated April
for ,t)l0, construction in r t the ,City, of Denton.
Now, Therefore, the condition of this obligation is such that if the bid be accepted as to any or all of the
items of material and wockma •ship proposed to be furnished thereby, or as to any portion of the samr, and if the
Principal will, within the period specified therefore, or, if no period be specified, within ten (10) days after
notice of the award of the contract, enter into contract with the Obligee, to furnish all Mock and material at the
prices offered by said bid, and will furnish bond with good and sufficient surety or sureties, as may he reyuirr,f,
for the faithful and proper fulfillment of such contract, then chi- obligation shall be void, And the Surety hereby
binds itself anti its successors to pay to the Obligee, in case the Principal fails to enter into such contract, and
give such bond within the period specified therefore, or, if no period he specified, within ten (10) days after such
notice of award of contract the difference in money between the amount of the bid of the Principal on the work
and material so accepted, and the amount for which the Obligee may contract with others for such work and
material, if the latter amount be in excess of the former, but in no event shall the Surety's liability exceed the
penal sum hereof.
In %itness Rhereof, this inscrument has been executed by the duly authorized rcptr,cntatives of the Prin•
eipal and the Surety,
UVALD CONS~TRUGTTION COMPANY
DY.... (G'c+G1Gl... ,(Seal)
A. E. McCook, Vice President, "ioc~i;3i
Engineering
F.S.(11MN1 ...TNU.). IT4..C.01 IP?1W..91''„Nl V411.K,,..N•..J..,..,(sra1)
Surety
J y:.... , G?..r~ ,
J. Croa:clnr A t i ney
•.'.~,CJ~~--vtr---~t1~~flG~IC._`~fK:~fS ~K"~'7tIC=~1l~IC'-`y1~~'G:~.~1G~~
I 11.1m. A 1. U, 4
FIREMEN'S INSURANCE COMPANY
i OF 'NEWARK, NEW JERSEY
80 Moiden Lone, N.ew York, New York 10038
GENERAL POWER 07 ATTORNEY
Know all men by lheso Presents,Tnal the FIREMEN S INSURANCE COMPANY OF NEWARK, NEW
~ERSEY has made. constituted and appointed. and by these presents does make. constitute and appoint
Chas. L. Dexter, Jr, or J. P. Crowder or J. Robert Carter, Jr. or Pallard Cabaniss
All of Dallas, Texas, EACH
Its true and lawful attorney for it and in its name. place. and stead to execute on behalf of the said Company, as surety, bonds,
undertakings and contracts of suretyship to be givien to all obligees on behalf of
Uvalde Construction Company
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the
sum of Unlimited Dollars.
This Power of Attorney is granted and is signed arid sealed by facsimile under and by the authority of the following Reso-
lution adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meet-
ing duly called and held on the 201h day of FeLruary, 1975.
'RE'SOLVED, that the Chairman of the Board, the Vice Chairman of the Board. the President. an Executive Vice President or a Senior Vice Pres•
ident or a Vice President of the Company, be. and that each or any of them hereby is authorized to execute Por.ers of Attorney cvr tying the allot.
may named in the given Porter of Attorney to execute in be halt of FIREMEN S INSURANCE COMPANY OF NEWARK NEW JERFE f, ponds. under-
takings and all contracts of suretyship, and that an Assistant Vice President, a Secretary or an Assistant Secretary be. and that each or ,ny of them here.
by Is, authorized to attest th9 execution of any such Powe', of Attorney, and to attach thereto the seal of the Company
FURTHER RESOLVED that the signatures of such onccers and the seat of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by faCSrmiie and any such Power of Attorney or cert hcate bearing such facsimJe signatures or Iactimde seat shad be valid
and binding upon the Company when so affixed and in the future with respect to any bond undertaking or contract of surelysh o to when it is attach-
ed.'
In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its Official seal
be hereunto affixed, and these presents to be signed by one of its Senior Vice Presidents and attested by one of its Assist-
ant Vice Presidents this 22nd day of April, 1975.
FIREMEN S INSURANCE COMPANY OF NEWARK. NEW JERSEY
Attest:
Eugene P, Doug hot ry. Assislanl Vice President
STATE OF NEW YORK, f R K Ruesch. server Nee P,esdeM
COUNTY OF NEW YORK,
On this 22nd day of April, 1975, before me personally came R K Ruesch• to me knoYrn, who being by me duly sworn,
did depose and say that he resides in New Providence, in the County of Union, State of New Jersey. at 35 Alden Road, that
he is a Senior Vt,*e President of the FIREMEN S INSURANCE COMPANY OF t:EWARK. NEW JERSEY, the corporation de
scribed in and which executed the above instrument', that he knows the seal of the said corpotation , that the seal affixed to
the said instrument is such corporate seal, that it was so at ixed by order of the Board of Directors of said corporation and
that he signed his name thereto by like order. ~i
M011.r'•,t }
:~ru~ta;:~:~ HIABERI NOlff,'4N
NOIARY PUBLIC State of Nea y0i111
No 52-18210)5 Qual in Sullen County
CEnTIFICATE Celt filed Jill N Y Co Clkt0ll,re
Comm SS1on Elpires March 3U 1911
I, the undersigned, an Assistant Secretary of the FIREMEN'S INSURANCE: COMPANY Ol' NEWARK, NEW JEnSEY,
~i New Jersey corporation, DO lfEnESY CLnTIFY Ihni the lorcigoing and atlachhd f'uwcr of Attorney remains to full forco
and has not been revoked, and lurlhermore that the Resolution of the Board of Dirc-clors, set forth in the said f vwer of At-
torney, is now in force. .
Signed and scaled at tho City of Now York. Dated tho 27th day of April , 1976.
21 Dond 431511 e
Sei.rrlary
1' I .r J.., es M Knlno A1,11%101111
CONTRACT DOCUMEN'i
STATE OF TEXAS X
X
COUNTY OF DENTON X
THIS AGREEMENT, made and entered into this 15th day of June,
A.D. 1976, by and between the City of Denton, Texas, acting through
its mayor, Elinor Hughes, thereunto duly authorized so to do, Party
of the First Part, hereinafter termed OWNER, and Uvalde Construction
Company of the City of Dallas, County of Dallas and State of Texas,
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), the said Party of the Second Part
(CONTRACTOR), hereby agrees w::th the said Party of the First Part
(OWNER) to commence and complete the construction of certain im-
provements described as follows:
The improvement of Carroll Boulevard at Henry Street, Avenue A at
Hickory Street, Oakland Avenue at Withers Street and Elm Street at
Eagle Drive, and all extra work in connection therewith, under the
terms as stated in the General Conditions of the Agreement and at
his own proper cost and expense to furnish all the materials, sup-
plies, machinery, equipment, tools, superintendence, labor, insur-
ance, and other accessories and services necessary to complete the
said construction, in accordance with the conditions and pric,zs
stated in the Proposal attached hereto, and in accordance with the
Notice to Contractors, General and Special Conditions of Agreement,
Plans and other drawings and printed explanatory matter thereof,
and the Specifications and addenda the.cfor, as prepared by the
Department of Community Development, City of Denton, Texas, herein
entitled the ENGINEER, each of which has been'identified by the
CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written
Proposal, and the General Conditions of the Agreement, hereto
attached; all of which are made a part hereof and collectively evi-
dence and cont,titute the entire contract.
The CONTRACTOR hereby agrees to commence work within ten (10)
clays after the date written notice to do so shall have been given
to him, and to substantially complete the same within 40 working;
• days after the date of the written notice to commence work, subject
to such extensions of time as are provided by the General and
Special Conditions,
-2-
The OWNER agrees to pay the IMTP-MOR 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 MIEREOF, the parties to these prcaents have exe-
cuted this Agreement in the year Lind day first above written.
C~ a` ~C~ fah 7)e UVALOE CONSTRUCTION COMMY
Party o the First art Party o the Second Part
(OWNER) (CONTRACTOR)-
By: ~S c /L' r By
C_J C. E. Powell, Pce i en
Attest: Attest:
S
GENERAL PROVISIONS
SPECIFICATIONS
This project shall be constructed by utilizing the Texas
Hi hwa De artment 1972 Standard Sre~cifications for Con-
strvction of Hi hwa s Streets and Brid es. Any permis-
si a deviation from those specifications will be noted
in the section on General Provisions. Where the Highway
Department specifications make reference to the "State,'
this project shall be interpreted to refer to the City
f4f Denton, Texas. Likewise, the terms "Commission" and
''Department" shall refer to the Department of Community
Development for the City of Denton. Any reference to
the term Engineer" shall apply to the City Engineer for
the City of Denton, Texaa. The Engineer, or his repre-
sentative, is authorized to act for the City of Denton
on all matters concerning the construction procedures,
specifications, or activities while the work is in progress.
Other definitions shall be as noted in the 1972 Standard
Specification book.
LOCATION OF PROJECT
This improvement project is totally located within the city
limits of the City of Denton, Texas. A map showing the
general location of the individual projects is included in
this general provisions section.
SCOPE OF W0T_K
The work to be performed under this contract consists of
furnishing all materials, labor, supervision, tools and
equipment necessary for the construction as detailed by the
plans.
PLANS AND SPECIFICATIONS
Plans and specifications may be obtained at the office of
the Director of Community Development, Denton City Hall,it
upon deposit of twenty ($20.00) dollars. The entire deposit
will be returned to the plan holder if the plans and speci-
fications are returned to the City, in good condition, within
ten (10) days following the official opening of bids. If the
prospective bidder does not properly return the plans and
shall
ecome secifications
property of deposit the Cisum f ty of Denton, (Te0xas.
b
EXAl41NATI0N OF SITE PROJECT
Prospective bidders shall make a careful examination of the
site of the project, soil conditions to be encountered,
improvements to be protected, disposal sites for surplus
materials and as to the method of handling traffic during
construction of the projects.
COMPETENCY OF BIDDERS
The State requirements for contractor pre-qualification
prior to the bidding date shall be waived. However, the
City reserves the right to thorov,hly investigate the finan-
cial resources and the experience of all bidders prior to
award of the contract.
QUALIFICATION OF LOW BIDDER
Before being awarded a contract, the low bidder shall submit
such evidence as the Engineer may require to establish his
financial responsibility, experience and possession of such
equipment as may be needed to prosecute the work in an expe-
ditious, safe and satisfactory manner.
Should the low bidder fail to produce eviceace satisfactory
to the Engineer on any of the foregoing points, disqualified and the work awarded to the next low bidder so
qualifying.
AWARD OF THE CONTRACT
The City of Denton, acting, through the City Manager and as
authorized by the City Council, will notify the successful
bidder, in writing, within thirty (30) days after the date
of receiving bids, of its acceptance of his proposal, The
Contractor shall complete the execution of the contract
within ten (10) days of such notice.
CONSTRUCTION SCHEDULE
The Contractor shall proceed with construction in an orderly
manner after conferring with the Cityy Engineer to establish
a work schedule. Every effort must be made to minimize the
roThets
inconvenience to the public during the construction.
contractor will be allowed flexibility in choosingontrac is
in a sequence which matches his work force. The Co a
will not be delayed if he is capable of progressing
rapid
nupace. merous However, areas withL itlconot be mpletinglspecificeprojects~ain
® pave
timely manner.
GP-2
TIME ALLOTTED FOR COMPLETION
• The time allotted for the completion of all items of work
shall be 40 worsting days, which time shall begin on or
before the fifteenth (15th) day after the issuance of the
Work Order. The Work Order shall consist of a written
request by the Engineer for the Contractor to proceed with
the construction of the project. The Contractor will not
be allowed to prosecute the work on Saturdays or Sundays
without written permission by the Owner.
LIQUIDATED DAMAGES FOR DELAY
The Contractor agrees that time is the essence of this con-
tract and that for each day of delay beyond the number of
working days or completion date herein agreed upon for the
completion of any portion of the work herein specified and
contracted for, the 0VNZER may withhold, permanently, from
the Contractor's total compensation, a sum for liquidated
damages for such delay. The amount of damages shall be
computed from the table as specified in Section 8.6 of the
THD Standard Specifications.
TESTING OF MATERIALS
• The Contractor shall furnish all materials for tests which
will be done by the Owner.
Tests will be made by the Owner at no expense to the Con-
tractor, except that in the evert a test indicates that the
material does not meet the requirements of the specifica-
tions, the Contractor shall bear the cost of that t-e~,t.
STATE SALES TAX
This contract is issued by an organization which qualifies
for exemption pursuant to the provisions of Article 20.04 (F)
of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor performing this contract may purchase, rent
or lease all materials, supplies, equipment used or consumed
in the performance of this contract by issuing to his sup-
plier an exemption certificate in lieu of the tax, said
exemption certificate complying with State Comptroller's
ruling 495-0.07. Any such exemption certificate issued by
the Contractor in lieu of the tax shall be subject to the
provisions of the State Comptroller's ruling #95-0.09 as
amended to be effective October 2, 1968.
GP-3
• EXISTING STRUCTURES
The plans show the locations of all known surface and sub-
surface structures. However, the OFm er assumes no responsi-
bility for failure to show any or all of these structures on
the plans, or to show them in their exact locations. It is
mutually agreed that such failure shall not be considered
sufficient basis for claims for additional compensation for
extra work or for increasing the pay quantities in any man-
ner whatsoever.
The Contractor shall be responsible for the protection of
all existing utilities or service lines crossed or exposed
by his construction operations. Where existing utilities
or service lines are cut, broken or damaged, the Contractor
shall replace or repair the utilities or service lines with
the same type of original material and construction, or
better, at his own cost and expense.
POLES, SIGNS, GUY WIRES, ETC.
All utility poles and guy wires, private sign posts, signs
and similar private obstructions which interfere with the
construction of this project will be removed and replaced
by the owners thereof, without cost to the Contractor.
The City will remove and relocate all signs and parking
meters without cost to the Contractor.
BARRICADES, LIGHTS, DETOUR ROUTES AND SIGNS
The Contractor shall, at his own cost and expense, furnish
and erect such barricades, fences, flashers, signals and
signs, and shall provide such other precautionary measures
for the protection of persons and property as are necessary.
Safety to the working forces and the general public shall be
of uppermost consideration in scheduling all construction
activities.
All signs and barricades shall be constructed and erected to
conform to standards as established in the 1971 edition of
the Manual on Uniform Traffic Control Devices. From sunset
to sunrise, the Contractor shall furnish an maintain at
least one battery type flasher at each barricade and a suf-
ficient number of barricades shall be erected to keep
vehicles from being driven on or into any work under con-
struction. The Contractor shall furnish watchmen in suffi-
cient numbers to protect the work.
S The Contractor will be held responsible for all damages to
the work due to failure of the barricades, signs, lights and
GP-4
watchmen to adequately protect the work area. The Con-
® tractor's responsibility for the protection of the work
shall not cease until the project has been accepted by
the City.
If, in the opinion of the Engineer, the barricades and
signs installed by the Contractor do not properly protect
the work, the Contractor shall immediately cease all other
work activities and correct the deficiency in p7:op.er barri-
cading.
GP-5
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CATION.-MAP
I NTERSEtTION I MPROVEMENTS
1
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