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HomeMy WebLinkAbout2014-096��� •no, I!*' AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE WASTEWATER COLLECTION SYSTEM IMPROVEMENTS AROUND EAGLE DRIVE AND CONGRESS STREET PROJECT FOR THE CITY OF DENTON ENGINEERING DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (IFB 5472-AWARDED TO DICKERSON CONSTRUCTION COMPANY, INC. IN THE NOT -TO -EXCEED AMOUNT OF $2,070,842).. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SEC "HON1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 5472 Dickerson Construction Company, Inc. $2,070,842 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under Bid 5472 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the All day of —ApLt-1-1 2014 MARK I�OUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: %V-vr�u' 0— C-k-"Q APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND DICKERSON CONSTRUCTION COMPANY, INC (IFB 5472) STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 15 th day of April A.D., 2014, by and between City of Denton of the County of Denton and State of Texas, acting through George C. Campbell thereunto duly authorized so to do,hereinafter termed "OWNER," and Dickerson C01istruction Company. Inc P.O. Box 181, 1130N. Lo siami, Celina, "Its 75009 of the City of Celina, County of Collin and State of Texas hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid #5472 WASTEWATER COLLECTION SYSTEM IMPROVEMENTS AROUND EAGLE DRIVE AND CONGRESS STREET in the amount of $2,070,842 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: City of Denton Utility and CIP Engineering all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not IFB 5472 have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification 1 1 M I FEVA I I MM. 01 1 1 1 , R DWIVAI ■ ffl. 1 ■ 1' 1 1 / D e' I I e! OMNI 1;� ■ C 1 11 1 1 _MIL1101meLl1 ■ ! 1 ! 010 BILIM11 in 1 �l ,l OTHER PERSON OR ENTITY. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. Right to Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in IFB 5472 which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1 % or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books" "records" "documents" and "other evidence" as used above shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. IFB 5472 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: APPROVED AS TO FORM: C:'I'j ATTORNEY T IFB 5472 jl— - - - — CONTRACTOR l • ► • ► "i11ie7il•TI1��•7i��C• P. • Box 181 1130 N. Louisiana MAILING ADDRESS 972-382-2123 PHONE NUMBER 972-382-2043 FAX NUMBER BY: Pic. t is TITLE m Lli °A ram/eA 0 PRINTED NAME (SEAL) INSURANCE REQUIREMENTS rr a r r r r s r r Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Contractor shall file with the Purchasing Department satisfactory certificates of insurance including any applicable addendum or endorsements, containing the contract number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted. • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A- VII or better. • Any deductibles or self -insured retentions shall be declared in the proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: ■ Name as Additional Insured the City of Denton, its Officials, Agents, Employees and volunteers. In That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Cancellation. City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. • Should any of the required insurance be provided under a claims made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. IFB 5472 • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. ►' 1'11111!' All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted. [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used 1FB 5472 in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned hired and non -owned autos. [X] Workers' Compensation Insurance Contractor shall purchase and maintain Workers' Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers' Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00 combined bodily injury and property damage per occurrence with a $1,000,000.00 aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than T each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. IFB 5472 ATTACHMENT 1 [X] Workers' Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the project, so IFB 5472 the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: . provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; IFB 5472 5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. IFB 5472 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person who Date Received has a business relationship as defined by Section 176,001(1 -a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. Name of person who has a business relationship with local governmental entity. :2j- Check this box if you are riling an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7 "' business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) Name of local government officer with whom fi ler has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer Of the questionnaire? EJ Yes E:1 No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? E7Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? EJ Yes = No D Describe each affiliation or business relationship. 4 'A N Signature of person doing business with the governmental entity Date Substantial Completion PROJECTNAME: Wastewater Collection System Improvements Calendar Days 330 Around Eagle Drive and Congress Street Bid No. P.O. No. BIDTABULATION SHEET iteni j— Description Unit — L� -Lnit UnIt— -total ITEMS APPLICABLE TO ENTIRE PROJECT 103.3 kurolv Bonds 5 Lot, - i's a S, coo Unit Price In Words: Z3 Us IV lbz L� is i 7 71� 2 LA $ EA Unit Price In Words: c2 VL ro .j., 2033 General Site Preparation — �ner L,S Unit Price In Words: L I c, v(,j q110U4A. I M I I Unit Price In Words: 4 e 0 U, I, 502.12A. -c into Existing Manhole 5 IFA FA .1 s5Ca A` Unit Price In Words: Lt,, rniirc Control, Barricades, Barriers, Warning and 801 I I Signs, anerices d F EA 3 5 FA—]_ 3 ow Unit Price In Words; L,a a A-j br, ti&, I , ssol _1111ug Existing Sanitary Sewer 15 LEA �S 56o EA TS00- Unit Price In Words: -, v C 41) Abandon Existing Manhole 10 CA EA eta i F-T503- t I n i t Price In Words: �V l<- 14 j b t I L SS03 remove Existing Manhole 26 LrA—t EA M0 Unit Price In Words: 6#j v- 41-ou, t, 63 Ri% N SS06 Bypam PurnpinA I 1,LS $ 2 5 LS Unlit Price In Words: -(WCJ, *U1 -4,0,1 S n. i /-)- I&A 0 506 6"/8"Waterline 1,owering Per City of Denton Standard Detrul W301 2 FA ] s 4 85o -7 lot Unit Price In Words: -r,3,) "kD. " A, Sanitary Sewer by Open Cut, Complete lackfi I I & Pavement Repair 11 LF t LF Unit Price In Words: DO I A' 11 k t1l I f- t1,41 60 A W I2C450 PVC Sanitary Sewer by Open CLIt, Completeete n v/Ernbedment, Mickfill & Pavement Repair tt LF Unit Price In Words: 6,d,~- V, I'l 112" ('900 PVC Sleeve, Complete in Place 144 ILF Lr,, Unit Price fit Words: bjk� Ajk&jVA 6U L-.t 1 81 UN A k . . ... ..... am PROJECT NAME: Wastewater Collection System Improvements Calendar Days 330 Around Eagle Drive and Congress Street Bid No. P.O. No. BID TABULATION SHEET Item Description 2-antity-LUnit l— Unit Price 1"Total 501 16" C900 PVC Sleeve, Complete in Place 18 111F —Is Uri it Price In Words: ONC Wj are JrJ �L"k rxil �0 Lt- -I 504.5 'it Iowablc Fill F)rbedmera 234 LF s 4o- u, 3 (,,v Unit Price In Words: �0 "4- ITEMS APPLICABLE TO EAGLE DRIVE 107,19.311'ranch Safety 54 FLI 7 �s3 I, �y l'L Zl"2 7 '0, r L Unit Price n Wt Prds: 4=,11 I4 l L a A I ..... . . .... . . ....... 502. 1 -A L4' Diameter Sanitary Sewer Manhole L< 6 Fect Deep) ? L,A Z, 6, M J.— Unit Price In Words: A, L r v r [,J®k I,, L tG - — — — - - - ---------- Extra Depth Sewer Manhole (> 6 Feet Deep) per Vertical 5011 -,A T1Foot JVF 48 2 1 VF Unit Price In Words: ° - AIJ A i A�bo tt& k% -, —, i - 502.� 5'Dlametcr Sam[my Sewer Manhole 6 Feet D".p) 2 EA Unit Price In Words: kA LL jkrj 4) A V t: RW A 60 lLkrla 5011-A �5' EXIrE Depth Sewer Manhole (-:, 6 Feet Deep) per Vertical Pont 26 1 VF 1 4 0c, Unit Price In Words: 4 LA Lk kJ %A- 502 10 4�:6' Sanitary Sewer SerViCe COnuCCiti011 including Wye, Cleanout, Pavement and C&G Repair 16 F,A $ i.S&D I Unit Price In Words: V � ki 60 Z-35 PVC Sanitary Sewer by Open Cut, Complete 507 1- w/Ernbodnient, Backfill & Pavement Repair 89 LF $ A 3 Unit Price In Words: (),j ue U j N CO &, -��ALI lbo(L.,, -K-C� Sanitary Sewer by Open tilt, Complete 507 �w(I mbedment, Backfill & Pavement Repair 1785 L UnitPace [nWords: 0tit C- 14,j4 507 Sanitary Sewer by p= Coat, W/1"Inbodmont, Backfill & Pavement Repair 1745 I,F s IA6 Unit Price In Wor& (13 C, ®g A ii I - Sanitary Sewer by Open Cut, 507 8" ST)R-26 (160 psi) Pete wciV uc Compl/Ernberrient, Bkfill & Pavement Repair 51 IY Unit plicomWords: 507 10" Spit -26 (160 psi) PVC Sanitary Sewer by Open I Cut, Complete w/Ernbedrnent, Backflill & Pavement Repair 395 IY LF ISO - Unit Price In Words:0a jJ d ,—j I 6-LD- llaj, 12" SDR-26 (160 psi) I1VC Sanitary Sewer by Open Cut," 507 Complete w/1"mbedinent, Backfill & Pavement Repair 81 LF 2_ 4.0 Unit Price In Words: 0 P c,) 4't P-4R PROJECTNAME: Wastewater Collection System improvements Calendar Days 330 Around Eagle Drive and Congress Street Bid No. P.O. No. BID TABULATION SHEET Description Quantity I Unit Unit rice Total A 4 ITEMS APPLICABLETO ALL OTHER STREETS 107. I 9.3, 11'rench Safety 6964 LF $ t LF� iI. Unit Price In Words: 502. 1,-A 4'Diarnotcr Sanitary Sewer Manhole 6 F Deep) A ect �E ow Unit Price In Words: Vt I �x � bcS II kL 7537VF 7 —V-,,— J-A 4'Fxtra Depth Sewer M 502anhole (> 6 Feet Deep) per 7" Lt3 Foot dean Unit Price In Words: -(w ra bo ftt A w 5 02. 1_-�FYvwneier Sanitary Sewer Manhole (< 6 Feet Deep) , .......... . ......... _L--iCA—As Unit Price In Words: A " %4%ouseA ZJL- QlLkAA ► Itzr-% 5011-A 5'Extra Depth Sewer Manhole (> 6 Feet Deep) per Vel-Beal I Foot I aco VF VF Unit price in Words, . ........ . . ...... 502. 141 4'Diarnetor Fiberglass Sanitary Sewer Manhole with Prefab JLA Invert 2 EA Unit Price In Words: Sev%," q6out L,.3 4,iJ,J 502. 10.114" Sanitary Sewer Service Connection including Wye, Cleanout, Ilavernent and C&G Repair 125 EA /LA Unit Price In Words: Na c- 14"Clus, m� t6c, ILL% 502,10.4"Sanitary Sewer Service Connection including Wye, 1' J$ CICU11OLK, pavement and C&G Repair 4 EA L'3c'Q--/,EA 507 8" SDR-35 PVC Sanitary Sewer by Open Cut, Complete w/En ibednient, Rackil I I & Pavement Repair 5810 LF LF Cot 3 o- Unit Price In Words: A, p o LL-P ISDR-35 PVC Sanitary Sewer by Open Cut 5,07 w/Ernbedinent, Backfill & Pavement Repair 7 o" _j57 _11.11" Unit Price In Words: 00 c Al A ts'b SDR-26 (160 psi) PVC sanitary Sewer by Open Cut, 507 Complete w/Linbedinent, Backfill & pavement Repair 297 I,F- Unit Price In Words: oo C-- k" '� J to Ip. I, Total Base Bid S 4AA( Ark 0 01 Z-' 7 9M Bond No. 456833P STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That Dickerson Construction Corny anyy ,-"" Inc, whose address is P.O. Box 181, 1 130 N. Louisiana, Celina, TX 7 009 hereinafter called Principal, and Developers Surety and lndemnityy Corny ; 7a. corporation organized and existing under the laws of the State of Iowa and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penaj- sum of Two million seventy thousand, eight hundred forty two DOLLARS (22,070, 1),'' in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2014-096, with the City of Denton, the Owner, dated the 15th day of April A.D.,2014, Ior Bid ## 5472 Wastewater Collection 5ystern lniprovements around Lgle Drive. and Congress Street. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. IFB 5472 Bond No. 456833P I STATE OF TEXAS § COUNTY OF DENTON § ,r KNOW ALL MEN BY THESE PRESENTS: That Dickerson Construction Coin Pali y_ Inc, whose address is P.O. Box 181, 1130 N. Louisiana, Celina, 'l"X 75009,11ereina 'ter called Principal, and _Develo ers raret and Inderranl pAnyvi corporation organized and existing under the laws of the State of Iowa , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements llercinaftcpenal,, referred to, in the pen sum of Two million seventy thousand, eight hundred fort, OLLARS ($2,070 842)"m lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2014-0, with the City of Denton, the Owner, dated the 15th day of April A.D.,20l4,—'rj)r Bid # 5472 Wastewater Collection System Improvements mound Eagle Drive and Congress Street. w''-" NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. IFB 5472 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four c9jes, each one of which shall be deemed an original, this the 22nd day of April , 2014,,,E ATTEST: t BY: SECRETAIY All PRINCIPAL Dickerson Constructi n Coma Inc. BY: PRESIDENT SURETY �r Developers urety and lkdern"niiv C BY:t A I `IbRNEY-l; FA Beverly A. Ireland The Resident Agent of the Surety in Denton County, Texas for delivery of'notice and service of the process is: NAME: Bret Tomlinson do Southwest Assurance Group. Inc. STREET ADDRESS: 124 Old Town Blvd. North, Suite 200, Arizyle, Texas 76226 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person Is name.) IFB 5472 fi3 1% a 4 'y POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE, CA 92623 (949) 263.3300 KNOWALL BY THESE PRESENTS that except as expressly (hafted, DEVELOPERS §URETYAND INDEMNITY COMPAN'6,doos hereby make constitute and appdril; —Sharon Groppell, Roxanne G. Hebert, Beverly A. ary M. Rhat, Bruce C, DeHart, Edward L. Moore, David R, Groppell, jointly or severally' as its true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation, as surety, bonds, undertakings and contracts of suretyship giving and granting unto said Allorney(s)-in-Facl full power and authority to do and to perform every act necessary, requisite or proper to be done In connection (herewith as each of said corporation could do, but reserving to each of said corporation full power of substitution and revocation, and all of the acts of said Atlorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power o(Allorney Is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY, effective as of January 1 at, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, any Executive Vlce-President, Senior Vice -President or Vice -President of the corporation be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named In the Power of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by Its Secretary or Assistant Secretary this November 161h, 2012. By: Daniel Young. Senior Vice -President Slate of California County of Orange 4 t AND �� E On November 16, 2012 before me, •.r,Wm .KKw_s,d_,••mv „••v,,. Antonio Alvarado, Nolary Public Dale Here Insert Name and Title of the Officer personally appeared ...... _ _ Daniel Young and Gregg N Okura Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized ca acll ies , and [hat b his/her/their signature(s) natures on the Instrument the erson s , or the enti upon behalf of "€ ANTONIO ALVARADO P Y( ) Y 9 () P () ty P r GOMM. 0 1860Fi 1 which the person(s) acted, executed the Instrument. ' NOTARY PUBLIC CALIFORNIA I certify under PENALTY OF PERJURY under the laws of the Stale of California that the foregoing paragraph is ORANGE COUNTY " true and correct. My comm. expires Auq 9, 2015 f—VWITNESS my hand and official seal Place Notary Seal Above Signature k ' AnionioAlvarado. Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney remains In full force and has not been revoked and, furthermore, that the provisions of the resolution of the Board of Direclors 91'said corporation set forth in the Power of Attorney are in force as of (tie dale of INs Cortificalo. This Corilltcale is executed in the City of Irvine, California, this 22nd day of April 2014 • l BY. ....�._ ... . _�_ Mark J. Lansdon, Assistant Secretary ID-1438(Rev.11/12) ' [L412 =2014 I I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT': It the certificate holder is an ADDITIONAL. INSURED, the pollcy(los) must be endorsed. 11 SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME Cat1� ,_SaS� Upshaw hisurance agency, Inc. PHONE 1801 Gate;r a Ste. ` 00 (AIC No Exn 214-349 6067 1 faro, Lol: a 14 , 49_�,0 Richardson T 75030 iSDRES'd atI VIiL—s_-a4Y Irrstiranco com_ AFFORDING COVERAGE INSURED' DICKE-4 INSURER B: Dickerson Construction , CO .^° i r INSURER C 1 JLD Trucking, Inc. Lewis Dickerson, Inciv r�rr � ° r INSURERD: PO BOX 181 _'"� INSURER E: Cal)na i X 750019 INSURER F : NAIC f COVERAGES CERTIFICATE NUMBER: 113116032 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE. INSURED NAMED ABOVE T�ok THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. uE! R TYPE OF IN ANCE ADO P(ILICY £FF _ POLICY EXP fT'i•# INSR=WVo POLICY NUMBER M(�#(pgtYYYY. {MMIr7DJYYl`Y "' LIMfTS A GENERAL iIABtLITP'� GL2092065'4.�'' 111/2014 111/2015 EACH OCCURRENCE $1 000000 " ;X COMMERCIAL GENERAL LIABILITY GANIA' Tt" RT' d I-J. ..�$50 000 _t CLAIMS -MADE IX, 1 OCCUR MED EXP (Any one person) $Excluded PERSONAL DV & AINJURY $1 _ _ 000,000 GENERAL AGGREGATE $2,000,000 - GEN L A(,41RE A'E LIMIT Ar"PLIES PER PRODUCTS - COMPIOP AGG $2,000,000 .�.._....... POLICY. rl•r 'r ,I�, 1 E.rIG _ $ .,.,. A AUTOMOBILE LIABILn i l CA2092065 mod" M1I1112014 111112015�"` �' � ,1 � $1,000,000 I X ANY AUTO 80DILY INJURY (Per person) $ ALL OWNED SCHEDULED -v.....w...... - �...._... m AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED -PROPER X i HIRED AUTOS X P;di"r`6 Ca r" L=AMr1i` .'—` ,,..._.,-. �......AUTOS rIa ,t $r cli Lan[ $ e .a$ B UMBRELLA LIAR X IOCCUR UMBROO908800 W 1/2014 W 1/2015 EACH OCCURRENCE r I D00,000 EXCESS LIAB _ CLAIMS -MADE) AGGREGATE $1,000,000 DF_D.._ X RETCNTION$10,000 ('.. $ WORKERS COMPENSATION WC SiATU- 1OTH- AND EMPLOVERS' LIABILITY YIN Tr1RV IM17S y — FR _ lrl"'t i R )F3RIL7tif'iPARTNERIEXECUTIVE 7 E L EACH ACCIDENT $ 1+ l G 1. Ivy�FnryhE'EXCLUDED? N I A , (Mindetory In NH) �.� .-._... E L DISEASE - EA EMPLOYEE $ ' If yes, describoON under -- .- ._..... ., DESCRIPTIOF OPERATIONS below l E L DISEASE -POLICY LIMIT 1 $ C Equipment 7900149150000 /11/2014 /11/2015 A Property CF2092055 /11/2014 /11/2015 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach AC080101, Additional Remarks Schedule, If more space Is required) Re: Wastewater collection System Improvements EndtL shown apply only if there is a written contract between the named insd & cert hldt that requires such coverage c,LaAii: Policies inctUtle a Mkt a ;l-sJ l Ii t (GL per attaldied CG7085 (12/11,)iinsurance Is prin�arylnon-cof7trrbutory lanuage with ongoing and `coi�nplol�s,� GL,riL.l,VWC: Policlos InclUde a blanket waiver of subrogation endt. ;110 days Notice of C :rns ellatson applies except 10 days for non -pay,, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Dentor9 ACCORDANCE WITH THE POLICY PROVISIONS. 901 B Texas Street Denton TX 76209 - AUTHORIZED REE'RE1taE1VTATIVE J�� ,�1 a O 1988-2010 ACORN CORPORATION, All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD TEXAS CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Policy Number Agency Number Policy Effective Date G L2092066 04/11 /2014 Policy Expiration/Cancellation Date Date Account Number 04/11 /2015 04/11 /2014 11175676 Named Insured Agency Issuing Company Dickerson Construction Co Upshaw Ins Agcy Amerisure Mutual Ins Co SECTION II - WHO IS AN INSURED is amended to add as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement relating to your business. The written contract or written agreement must require additional insured status for a time period during the term of this policy and be executed prior to the "bodily injury", "property damage", or "personal and advertising injury" giving rise to a claim under this policy. If, however, "your work' was commenced under a letter of intent or work order, subject to a subsequent reduction to writing within 30 days from such commencement and with customers whose customary contracts require they be named as additional insureds, we will provide additional insured status as specified in this endorsement. However, if you have entered into a construction contract subject to Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code with the additional insured, the insurance afforded to such person(s) or organization(s) only applies to the extent permitted by Subchapter C of Chapter 151 of Subtitle C of Title 2 of the Texas Insurance Code. 2. SECTION II -WHO ISAN INSURED is amended to add the following: If the additional insured is: a. An individual, their spouse is also an additional insured. b. A partnership or joint venture, members, partners, and their spouses are also additional insureds. c. A limited liability company, members and managers are also additional insureds. d. An organization other than a partnership, joint venture or limited liability company, executive officers and directors of the organization are also additional insureds. Stockholders are also additional insureds, but only with respect to their liability as stockholders. e. A trust, trustees are also insureds, but only with respect to their duties as trustees. 3. The insurance provided to the additional insured under this endorsement is limited as follows: a. That person or organization is only an additional insured with respect to liability arising out of: (1) Premises you own, rent, lease, or occupy: or (2) Your ongoing operations, unless the written contract or written agreement also requires completed operations coverage (or wording to the same effect), in which case the coverage provided shall extend to your completed operations for that additional insured. Premises, as respects this provision, shall include common or public areas about such premises if so required in the written contract or written agreement. Includes copyrighted material of Insurance Services Office, Inc. CG 70 8512 11 Page 1 of 2 Ongoing operations, as respects this provision, does not apply to "bodily injury" or "property damage" occurring after: (a) All work including materials, parts or equipment furnished in connection with such work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. b. The limits of insurance applicable to the additional insured are the least of those specified in the written contract or written agreement or in the Declarations of this policy. The limits of insurance applicable to the additional insured are inclusive of and not in addition to the limits of insurance shown in the Declarations. c. The additional insured status provided by this endorsement does not extend beyond the expiration or termination of a premises lease or rental agreement nor beyond the term of this policy. d. If a written contract or written agreement as outlined above requires that additional insured status be provided by the use of CG 20 10 11 85, then the terms of that endorsement, which are shown below, are incorporated into this endorsement as respects such additional insured, to the extent that such terms do not restrict coverage otherwise provided by this endorsement: CONTRACTORS ( This endorsement modifies insurance provided under the following: • III ui ► _a 4 F-11: • ; Name of Person or Organization: Blanket Where Required by Written Contract or Agreement that the terms of CG 2010 1185 apply. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Copyright, Insurance Services Office, Inc., 1984 e. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including but not limited to: (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, design specifications; and (2) Supervisory, inspection, or engineering services. f. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is deleted and replaced with the following: Any coverage provided in this endorsement is excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent, or on any other basis unless the written contract or written agreement requires that this insurance be primary, in which case this insurance will be primary without contribution from such other insurance available to the additional insured. Includes copyrighted material of Insurance Services Office, Inc. CG 70 85 12 11 Page 2 of 2