HomeMy WebLinkAbout2000-251ORDINANCE NO z2?000
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRiCT FOR THE CONSTRUCTION OF A 138KV TRANSMISSION FACILITIES
UPGRADE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING AN EFFECTIVE DATE (BID 2522 — DENTON NORTH TO NORTH LAKES
138KV TRANSMISSION LINE UPGRADE AWARDED TO RED SIMPSON, INC IN THE
AMOUNT OF $543,297 96)
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 ordiIances, and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herem� described bids are the lowest responsible bids for the construction of the public works or
improves dents described in the bid invitation, bid proposals and plans and specifications therein,
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
improve ents, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the i3Office 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
NtJMBE CONTRACTOR AMOUNT
2122 Red Simpson, Inc $543,297 96
S C TION II That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract
and furm$hing of performance and payment bonds, and insurance certificate after notification of the
award of ithe bid
S CTION I I That the City Manager is hereby authorized to execute all necessary written
contracts,for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying 0— - ms,
conditions, plans and specifications, standards, quantities and specified sums contained i
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 , 2000
&dt-
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
2522 - CONTRACTUAL ORDINANCE
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this t' day of Augnat
A D , 2000, by and between City of Denton
of the County of Dentnn and State of Texas, acting through Michael W Ica
thereunto duly authorized so to do, hereinafter termed "OWNER," and
of the City of Alexandria, County of Rapidest and State of Louisiana, 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
$l_25,2I nenton North to North I akes 13RKV Transmiccion I me ITpgrade
in the amount of $541 99_ � 96 — 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 Gener,
Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement foe
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,
CA-1
and the Specifications therefore, as prepared by
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 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
Contractor shall and does hereby agree to indemnify and hold harmless the City of
Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury
to property or third persons occasioned by any error, omission or negligent act of Contractor,
its officers, agents, employees, invitees, and other persons for whom it is legally liable, with
regard to the performance of this Agreement, and Contractor will, at its cost and expense,
defend and protect the City of Denton against any and all such claims and demands
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
CA-2
IN WITNESS WHEREOF, the parties of these presents have executed this agreement
in the year and day first above written
A6T`TE�ST ✓—
/ —T—T
Simeon TlnbeauxJr - Sec -Tres
APPZAS�
CITY
(SEAL)
Red Simpson, Inc
CONTRACTOR
P O Box 12120
Alexandria
Louisiana, 71315-2120
MAILING ADDRESS
318 441 8400
PHONE NUMBER
CA-3
318 487 1074
FAX R
BY
E
John Simpson - Ptwtdo d
PRINTED NAME
(SEAL)
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That Red Simpson, Inc
whose address is 4615 Parlroment Dr Smte?fN1 Alexandra LA 71101
hereinafter called Principal, and West a , ran TncnrancP C =anv
a corporation organized and existing under the laws of the State of Indiana and
fully authorized to transact business to 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 penal sum of Frye Hundred Fnrty Three
Thnircand Two Hundred Ninety Seven and 961100 nOLLARS ($ 54'i 297 9F) plus ten percent
of the stated penal sum as an addttional sum of money representing additional court expenses,
attorneys' fees, and liquidated damages arising out of or connected with the below identified
Contract, to lawful money of the United States, to be paid in Denton County, Texas, for the
payment of which sum well and truly to be trade, 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 9nr1n-951 , with
the City of Denton, the Owner, dated the 15— day of Arm_ A D 9(m, a copy of
which is hereto attached and made a part hereof, for Rid 7579 - Derimn North to Nnrth rakes
IiRKV Transmission Line Upgrade_'.
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 one (1) year 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
PB - I
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive
venue shall Ite in Denton County, State of 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
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 suretyship 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 copies each one of which
~hall be deemed an original, this the —IS_-day of _ August 2000
AtILST
BY 6CT
KY
A
PRINCIPAL
7ESIDENT
A I l EST SURETY
" C� Wo�_Nnrtirican Insuran Companv
B Y t�7
- --
.lean M rth,A ORNEY-lP� FA( I
the Resident Agent of the Surety in Denton Ct "4--texas for delivery of none, and service,
of the process is
NAME Dwight Wilcox - West American Insurance Company
(NOTE Date of Performance Bond must be date of Contract if Resident Agent is not a
(orporatton, give a person's name )
PB-2
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS That Red Stimrnn fine, whose
address is 4615 Parliament Dr Snite 700 Alexandria, I A 713()'i
hereinafter called Principal, and west American Insurance Company
a corporation organized and existing under the laws of the State of Indiana 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 hereinafter referred
to, in the penal sum of Fie Hundred Forty Three Thousand Two Hundred Ninety Steven and
9611f1(1 DOLLARS ($ 543, 9�) 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 _7pnn-75t , with
the City of Denton, the Owner, dated the _ 15—__ day of August A D _2000 , a copy
of which is hereto attached and made a part hereof, for Rid 7577 - Denton North to North
Lakes 13RKV Tmnsmiscinn Line Upgrade
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
PB-3
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 suretyship, 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 4 copies, each one of
which shall be deemed an original, this the _15— day of Arm _7nnn
ATTEST
BY
SECR TARY
PRINCIPAL
Red Smnp on, Inc
BY _
)OESIDENT
ATTEST SURETY
i
erican InsuAA
BYJean M.It ORNI YIN
1 he Resident Agent of the Surety in Denton County I exas for deltvLry of notice and serviLL
of the process is
NAME Dwight Wilcox - West American Insurance Companv
STREET ADDRESS P o. Box 833826, Richardson, TX 75083-3826 / 800-788-8980
(NOTE Oate of Payment Bond must be date of Contract If Resident Agent is not a
corporation give a person's name)
•t ,
( ontract 2522 Denton North to North Lakes 138KV Tninsmrssion Line Upgrade
C.LR 1 R ILU GOVY OI POWI it Of AI IORNIY
THE OHIO CASUALTY INSURANCE COMPANY
WEST AMERICAN INSURANCE COMPANY
No 34-R27
Know All Men by, Thee* Presents That THE OIBO CASUALTY INSURANCE COMPANY an Ohio Corporation and WFST AMERICAN INSURANCr
LOhdPANY an Indiana Corporation, in punuance of authority granted by Article VI, Section 7 of the By taws of The Ohio Casualty Insurance Company and Article VI Section I
of Wee American huuranm Company, do herby nanuule, comtituto and appoint Jean M Smith or J Dale Gault or Scott B Jacobs or George T
Ford or Angela Boden¢ctmer or Baton Rouge, Louratana as true and lawful agent (a) and attorney u)-m fact to make =mute seal and dehva for and on m
behalf as aunty and as N act and deed any and all BONDS UNDERTAKINGS and RECOONIZANCES not exceeding in any single instance FIFTEEN MILLION
(S 15,000,000 00) DOLLARS, excluding however any bonds) or undertaking(s) guaranteeing the payment of notes and interest thereon
And We execution of such bondsi or u datakinga in punuanee of thew presents, dull be as binding upon amid Companies as fully and amply to all intents and purposes, as if they
had been duly executed and acknowledged by the regularly elected oRars of the Companies at their adminnstrum o6w in Hamilton Ohio in their own proper persons
The authority granted hereunder supasodes any previous authority heretofore granted the above named altomey(s)-in fact
In WITNESS WHEREOF the mdmigned officer of the amid The Ohio Casualty Wurance Company and West Ammun Insurance Company
has hereunto subscribed his numo and affixed Use Corporate Sal of each Company this 16tIt day of March, 2000
steer
sewLfs SEAL
I ,gyp..,, �
Sam Lawrence Assistant Secmury
STATE Of 0100
COUNTY OF BUTLER
on this 16th day of March, 2000 befer the aubwnher, a Notary Public of the State of Ohm in and for the County of Butler duly commissioned and qualified came Sam
Lawrence Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY to me personally known to be the
mdmdual and officer described un, and who executed We preceding mmliurnent, and he acknowledged the exccunm of the tame, and being by me duly awns deposeth and amnh,
that he is the officer of the Coilpames afoeesatd, and That the scab affixed to the preceding instrument are the Corporate Scala of said Companies and the said Corporate Seals and
ham signutuw as officer seer duly afftcod and subscribed to the said imtmmant by the Authority and direction of the Amid Corporations
IN TESTIMONY WHE1l l lave hereunto act my band and affmmod my Official Sul at the City of llamiltar4 State of Ohs the day and year fire above written
A C If[gy( u,
Noury Public in and for County of Bulllla State of Ohio
My Commission expua August 6 2002
Thu poxes of Anatomy is grangod under and by authority of Article VI, Section 7 of the By Laws of The quo Casualty buioance Company and Article VI, Section 1 of West
American buorance Company extraeb Bon which mad
Article VI, Section 7 APPODUMENI OF ATTORNEYS IN FACT, ETC The chairman of the board the president. any vim -I mdmt the secretary or any anutant
secretary of each of Were Comgamp shall be and a hereby vaatad with full power and authority to appoint attomcys•in fact fa the purpose of starting the man: of the Companies as
surety, to, and to execute, Atlagh Dw composite meal, ackmawledge and deliver any and all bonds remgniranees stipulations, undertakings or other matumcna of sunlyahup and
poluna of unurance to be m faver of say udMdml, fern, eoiperation, "the official reli m usim thereof orto any countyarstate "any official board "boards of county
or pate "the United Sates orAmrotcm, or to any other political subdivision
Article VI, Smtsor} l APPORTINIBNI OF RESIDEW OFFICERS The Chairman of the Board the President, any Vim President, a Secretary or any Assistant
Secretary shall be and is heeby vedW with full poises and autMnty to appoint attorneys in fact for the purpose of rip mg the mine of the corporation as surety or guarantor and to
execute, attach the corporate steal, ackaowledge and deliver any and all binds, memiguse sices stipulations undertakings or Other menonmu of surety-ahrp or guarantee and policies
of mwaanm to be gnen in fiver of an i dmdml firm, corporation, or the official rapresenauw thereof or to any county or pate, or any official board or boards of any county or
mute, or the United Sul= of America, or to my other political mbdnuuon.
Thu meruneut a signed and tealed by facr m ic; as authonmd by the follmwng Resolution adopted by the respective directors of the Companies (adopted May 27 1970 The Ohio
Casualty Insurance Company, adopted April 24 1980 West Ammon Insurance Company)
RESOLVED Out the signature of my officer of the Company audwrized by the By Lam to appoint attorneys in fact, the signature of the Secretary or any Assistant
Secretary certifying m the of any copy of a power of altomay and the sul of the Company may be affixed by Gmumde many power of attorney or copy thereof issued on
behalf of the Company Such IpnalWes and seal sew hereby adapted by the Company a Originalsignatures and wi tobe valid and binding upon the Company with the same force and effect as though manually affixed "
4 the undersigned Assistant Sgctctary of Tha quo Casualty lrmoanm Company and West American buunnce Company do herby certify that the foregoing power of attorney the
refererrsd By laws of Use Co P—m and the above Raolutiun of theta Bmtds of Dircelon are true and correct copies and am in full form and effect on the dam
INWITNESS WHEREOF 1 w hereunto act my laird and the soars of the Companies this 15 th __ day or August 2000
W"4)"
ti
3ewL'4-_ ((S BAL
SA300 Assistant Secretary
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below It is highly recommended
that bidders confer with their respective insurance carriers or brokers to determine in
advance of Bid submission the availability of insurance certificates and endorsements as
prescribed and provided herein If an apparent low bidder fails to comply strictly with the
insurance requirements, that bidder may be disqualified from award of the contract Upon
bid award, all insurance requirements shall become contractual obligations which the
successful bidder shall have a duty to maintain throughout the course of this contract
STANDARD PROVISIONS.
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
As soon as practicable after notification of bid award, Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, containing the bid 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, Contractors are strongly
advised to make such requests prior to bid opening, since the insurance requirements may not
be modified or waived after bid opening unless a written exception has been submitted with the
bid 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
Any deductibles or self -insured retentions shall be declared in the bid 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
•• 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 lunit of liability
• All policies shall be endorsed to read
"SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR
MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN
NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE
POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN
WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED"
• 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 clanns made after expiration of the contract shall be covered
• 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
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS
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
[XI A General Liability Insurance:
General Liability insurance with combined single limits of not less than $7 nno onn
-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
Ixl Automobile Liability Insurance
Contractor shall provide Commercial Automobile Liability insurance with Combined
Single Limits (CSL) of not less than $t 000 000 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 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
[XI Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to
meeting the mmimum 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 Worker's 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 combined bodily injury
and property damage per occurrence with a 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
each occurrence are required
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than 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
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and
specific service agreements If such additional insurance is required for a specific contract,
that requirement will be described in the "Specific Conditions" of the contract specifications
ATTACHMENT 1
[XI Worker's Compensation Coverage for Budding 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 mcludes, 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 lmutation, 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 401011(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 �,,. ;overnmental 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 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 marl 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
(1) 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,
(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 marl 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
Bid 2522 — Insurance
RED SIMPSON, INC.
P O Box 12120 • Alexandria, LA 71315.2120
Phone (318) 487-1074 • Fax (318) 443-8361
Rapt cles+ (C_-__ t4)
July 12, 2000
RE Denton, Texas —Bid 2522 — Denton North to North Lakes 138 kv T/L Upgrade
FED EX - PRIOITY
Tom D Shaw, CPM
City of Denton
901A Texas Street
Denton, TX 76201
Dear Tom Shaw, CPM
Along with this letter, RSI is sending their proposal to build the above referenced project. Red Simpson Inc
proposes to provide all supervision, labor, tools, equipment and material not furnished by owner, in
accordance with plans and specifications
Clarifications
1 This proposal does not include any costs for state sales or use tax
2 RSI's bid price does not include Relocating or moving any underground obstruction, utility owned or
foreign, pipes, conduits, drains, sewer, gas or water lines, etc
3 Denton will supply all materials incorporated into the project other than concrete and rebar
Enclosure (1)
LJM/ljm
cc Ronnie Appelbee
Max Green
Job File
Sincerely,
Louis J Martin r
Manager of Estimating
RED SIMPSON INC
BRANCH OFFICES
NEW ORLEANS LA
AUSTIN TA
HARILMIN, TX
SNBRWIN TX
MAP"LL, TX
HILLSBORO TX
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RS 1003 5
BID PROPOSAL
To City of Den ton, Texas
Purchasing Department
901-B Texas Street
Den ton, Texas
For Bid Number 2522
Project Title Transmission Poles for the Denton North to North Lakes 138kV Upgrade
From Company Name RED SIMPSON, INC
Mailing Address
4615 Parliament Dr Stute 200
City, State, Zip Alexandria, La 71303
Telephone 318.441 8421
Fax
318.441 8478
We offer the bids stated on the following pages for construction of the above referenced
project located in Denton, Texas, in accordance with the plans and specifications
In submitting the attached bids, RED SIWSON, INC (company
name) agrees that acceptance of any or all items by the City of Denton, Texas within 90
days constitutes a contract The complete bid proposal must be properly priced, signed,
and returned
By 4 — John
Signature
Titley President
Date July 12 2000
Page I of 11
A pole unit consists of one pole in place It does not include pole -top assembly unit or other pans attawteo w ute
CITY OF DENTON
BID PROPOSAL
FOR
DENTON NORTH TO NORTH LAKES 138kV UPGRADE
BID NUMBER 2522
POLE UNITS
UNIT
QUAN
UNITS
INSTALLATION
UNIT PRICE
EXTENDED
COST
Pole Steel 1121, TUS-SWITCH
1
2,587 50
2,587 50
Pole, Steel 90', TUS-5C
1
2,8275(
2,8275
Pole Steel 85', TUS•5A
1
3,1275(
3,1275
Pole Steel 85', TUS-5B
2
2,7675(
5,5350(
Pole Steel, 80', TUS-517
1
3,7275(
3,727 50
Pole Steel, 60' TUS-5U
1
2,4675(
2,4675
Pole Steel, 551 TUS-5E
1
2,227 50
2,227 5
Pole Steel, 99, TP-1389
7
2,82750
19,792 50
Pole, Steel, 85' TP-138S
11
2,76750
30,442 50
Pole, Steel 80', TP-138S
3
2,767 50
8,30250
Pole, Steel 60', 7UH-7A
2
3,06750
6,1350
TOTAL
87,172 50
PAGE 2OFII
5/31/00
CITY OF DENTON
BID PROPOSAL
FOR
DENTON NORTH TO NORTH LAKES 138kV UPGRADE
BID NUMBER 2522
POLE TOPS UNITS
A pole -top assembly unit consists of the hardware, crossarms and their appurtenances, insulators, etc ,
ed to rt the conductors and OHGW
regmr suppo
UNIT
QUAN
OF UNITS
INSTALLATION
UNIT PRICE
EXTENDED
COST
TUS-5A
1
1,50000
1,50000
TUS-5B
2
78000
1,56000
TUS-5C
1
1,200 00
1,200 00
TUS-5D
1
1,200 00
1,200 00
TUS-5E
1
1,200 00
1,200 00
TUS-5F
1
1,80000
1,8000(
TUS SWITCH
1
2,40000
01
2,40001
TP-138S
21
240 00
5,04000
TW-5
1
1,200 00
1,200 00
TUH-7A
1
1,35000
1,35000
C7AxS
r
36000
36000
TOTAL
18,810 00
PAGE 3 OF 1 I
5/31/00
CITY OF DENTON
BID PROPOSAL
FOR
DENTON NORTH TO NORTH LAKES 138kV UPGRADE
BID NUMBER 2522
CONDUCTOR UNITS
A conductor assembly unit consists of 1,000 ft of a single conductor or OHGW, and includes all required no wire, splices and
armor rods where necessary The length of conductor or OHGW shall be determined by taking the sum of all straight
horizontal span distances between centarhne of the poles The conductor sizes and types are listed by the Conductor
"Code Name", where applicable,
UNIT
QUAN
OF UNITS
INSTALLATION
UNIT PRICE
EXTENDED
COST
Conductor, 795 0 MCM 37/o AAC, Arbutus
49 500
1,8000(
891100 00
Conductor, 556 5 MCM 19/0 AAC, Dahlia
5 500
1,4400(
7,920
OHGW 3/8" EHS
6 800
480 00
3,2640(
Fiber optic cable, 71r dia ADSS
7 400
1,50000
11,100 o0
TOTAL
111,394 00
The Bidder shall complete the following information and submit with his Bid Tabulation
BULL WHEEL INFORMATION
Diamentor Bull Wheel _inches
Diameter Groove inches
Thickness of Neoprene at Bottom of Groove inches
STRINGING SHEAVE INFORMATION
Diameter Tangent Sheave
inches
Diameter Groove
inches
Thickness of Neoprene at Bottom of Groove
inches
Diameter Large Angle Sheave
inches
Diameter Groove
inches
Thickness of Neoprene at Bottom of Groove
inches
PAGE 4 OF 11
3/31/00
CITY OF DENTON
BID PROPOSAL
FOR
DENTON NORTH TO NORTH LAKES 138kV UPGRADE
BID NUMBER 2522
ALTERNATE CONDUCTOR ASSEMBLY UNITS
A conductor assembly unit consists of 1,000 ft of a single conductor or OHGW, and includes all required tie wire, splices and
armor rods where necessary The length of conductor or OHGW shall be determined by taking the sum of all straight
horizontal span distances between centerline of the poles The conductor sizes and types are listed by the Conductor
"Code Name", where applicable
UNIT
QUAN
OF UNITS
INSTALLATION
UNIT PRICE
EXTENDED
COST
Conductor, 795 0 MCM, 37/0 AAC, Arbutus
16 500
1,92000
31,680 00
Conductor, 5563 MCM,19/0 AAC, Dallis
2 500
1,50000
3,75000
OHGW, 3/8" EHS
1500
480 00
72000
TOTAL
36,150 00
The Bidder shall complete the following information and submit with his Bid Tabulation
BULL WHEEL INFORMATION
Diamenter Bull Wheel inches
Diameter Groove inches
Thickness of Neoprene at Bottom of Groove inches
STRINGING SHEAVE INFORMATION
Diameter Tangent Sheave
inches
Diameter Groove
inches
Thickness of Neoprene at Bottom of Groove
inches
Diameter Large Angle Sheave
inches
Diameter Groove
inches
Thickness of Neoprene at Bottom of Groove
inches
PAGE 5 OF I I
5131100
CITY OF DENTON
BID PROPOSAL
FOR
DENTON NORTH TO NORTH LAKES 138kV UPGRADE
BID NUMBER 2522
FOUNDATION ASSEMBLY UNITS
A foundation assa ably unit consists of all concrete, be wire, rebar and anchor bolts to construet the foundations
UNIT
QUAN
OF UNITS
INSTALLATION
UNIT PRICE
EXTENDED
COST
FNO-SWITCH
1
6,727 80
6,7278
FND-5A
1
12,558 90
12,5589
FND 513
2
10,258 80
20,517 60
FND-5F
1
19,399 80
19,399 8(
FND-51)
1
10,553 80
10,553 80
FNO-5E
1
8,6926(
8,6926(
TUMA, TM-101
2
3 393 00
6,7860(
TP-138S TM-101Y
8
3,07100
24,568 00
TP-138S TM-101X
11
3,04200
33,462 00
TP-138S TM-101
3
2,80300
8,40900
TOTAL
151,675 50
PAGE 6 OF 1 I
5I31I00
CITY OF DENTON
BID PROPOSAL
FOR
DENTON NORTH TO NORTH LAKES 138kV UPGRADE
BID NUMBER 2522
MISCELLANEOUS ASSEMBLY UNITS
A miscellaneous assembly unit consists of an additional unit needed in the project for new line construction but not
otherwise listed in the proposal This section includes grounding assemblies consisting of the conductor, ground rod,
grounding plate, connectors and clamps as shown on the respective drawings for the various types It also includes
fuse cutouts, reclosers, sectionalizers, switches, capacitors, regulators, metering and other assembly units
QUAN
INSTALLATION
EXTENDED
UNIT
OF UNITS
UNIT PRICE
COST
600 00
1,800 00
TM-2A
3
840 00
5,0400(
TM-2AD
6
180 00
540 00
TM417
3
135 00
2,430 00
TM-50IG
Is
18000
36000
TM -LIGHT
2
21000
63000
TM-U
3
360 00
36000
i
42000
2,10000
5
E
27000
54000
2
13500
135 00
1
15 00
15 00
K14C
i
TOTAL
13,950 00
PAGE 7 OF I I
vaunn
CITY OF DENTON
BID PROPOSAL
FOR
DENTON NORTH TO NORTH LAKES 138kV UPGRADE
BID NUMBER 2522
REMOVAL ASSEMBLY UNITS
Removal assembly units cover the furnishing of all labor, equipment, and material for the removal of existing units of construction
from existing lines, disassembling into material items, and all labor and transportation for appropriate disposition of all materials
in accordance with the specification Disposition will include returning some items to the owner in useable forth and condition
at a location specifide by the owner
The removal units are specified by the prefix I and followed by the assembly unit designation of existing assembly units to be
removed The following special notes apply to specific removal units
a. Poles. All poles of the same height, regardless of pole class, are designated by the same mitt. The Contractor'
is not required under this unit to remove from the pole any ground wire or pole numbering attached to the pole
This unit includes the refilling and tamping of holes in a workmanlike manner unless they are reused
b Pole -Top Assemblies. The unit of removal of pole -top assemblies includes, in addition to the removal
of the assembly itself any necessary handling, resagging, and retymg of conductors in those cases
where existing pole -top assembly will be removed and replaced by a new pole -top assembly and where any
existing conductor is to be reused
The unit of removal of pole -top assemblies includes any holding or handling of mainlme or tap conductors
at tap lines, angles, and deadends where such is involved, and reinstalling of such conductor in accordance
with the specifications
c Conductor The conductor removal unit covers the removal of conductor or cable, reeling
or coding it in a workmanlike manner, and proper disposition. Fiber optic cable shall be returend to the Owner
Other wire and conductor devices will becone property of the contractor
d Guys All guys regardless of length, type of attachment, or size of guy strand are specified by the same unit
e Aneben Only anchor rods are to be removed by the Contractor in anchor removal units The anchor will be left in the ground.
f Transformers The unit for removal of transformer assembly units is divided into two sections, (1) Conventional Transformer
Assembly, and (2) Self -Protected Transformer Assembly "Self -Protected" refers to transformers where all protective equipment
is mounted on or within the transformer "Conventional" refers to transformers where the protective equipment is mounted
separately from the transformer Transformers are to remain the property of the Owner
g Secondary Units The unit for removal of secondary assemblie , i s in addition to the removal of the assembly itself,
all necessary handling such as untying, resagging, and retying ci <, lary conductor or cables where existing secondary
conductor or cable is to be reused In addition, the unit for removal of secondary assembly includes the handling or holding
of any conductor at tap lines where such is involved, and the remstalling of such tap conductor in accordance
with the specifications
h Service Unit The unit for removal of service assemblies includes, in addition to the removal of the assembly itself, all
necessary handling such as untying, resagging, and retying of service conductor or cable where existing service conductor
or cable is reused
PAGE g OF I I
sit voo
CITY OF DENTON
BID PROPOSAL
FOR
DENTON NORTH TO NORTH LAKES 138kV UPGRADE
BID NUMBER 2522
REMOVAL ASSEMBLY UNITS (Continued)
QUAN
REMOVAL
EXTENDED
UNIT
OF UNITS
UNIT PRICE
COST
60720
1,214401
190
2
573 60
1,720 80
185
3
432 00
11,232 00
180
26
405
2,430001
175
6
378 00
1,134 00
170
3
29280
292 8
165
27000
270 00
160
225 00
00
155
2
13500
1
135 00
145
1
270
540
I STUB
2
24000
240 00
159CNC
1
150 00
150 00
I Switch
120
120 0 01
1 TH«7
1
600
1,800
1 TP-690
30
1350
1,41750
I TWO
105
135 00
40500
1 TS 5
3
2400
1,44000
I TM-2D
6
1200
480
I TM-40
4
36
68400
I TA-2H
19
12000
3,0 00
ITG-11A
30
12000
1,320 00
ITG-1ID
11
1200
480001
ITG-HE
4
6000
360 00
I T6 26D
6
6000
60001
I TM -LIGHT
1
18000
180 00
I TM C
1
18000
900001
I TM-T
s
10200
408001
I TM-U
4
7500
75001
I TM-USWITCH
1
13500
270 00
I TM-DS
2
20400
4080
1 VC8
2
12000
7200
1 VC7
6
7500
2.7000
I VC2-1 A
36
75 0
2,700 00
I VC2 l
36
3600
�cr
IK14
1
3
6000
`
I E-I
3600
72 00
I Fl 2S
2
120
19,236 00
I Arbutus
16,030 ft
090
46,383 30
1 Cairo
51 537 ft
030
2,312 40
13/8" EHS
7,708 ft
048
1,93296
1 Atl amoo
4,027 ft
120
13,666 80
I Fiber o tc
11 399 ft
TOTAL
124,155 96
YHVri Y OF „
CITY OF DENTON
BID PROPOSAL
FOR
DENTON NORTH TO NORTH LAKES 138kV UPGRADE
BID NUMBER 2522
PROPOSAL SUMMARY
DESCRIPTION
EXTENDED
INSTALLATION
POLE ASSEMBLY UNITS
87,172 50
POLE TOP ASSEMBLY UNITS
18,810 00
CONDUCTOR ASSEMBLY UNITS
111,384.00
(ALTERNATE) CONDUCTOR ASSEMBLY UNITS
36,15000
FOUNDATION ASSEMBLY UNITS
151,675 50
MISCELLANEOUS ASSEMBLY UNITS
13,950 00
REMOVAL ASSEMBLY UNITS
124,155 9
TOTAL TRANSMISSION LINE CONSTRUCTION
$543,297 96
* To be in written in words on next page
PAGE 10 OF 11
5131M
CITY OF DENTON
BID PROPOSAL
FOR
DENTON NORTH TO NORTH LAKES 138KV UPGRADE
BID NUMBER 2522
BID SUMMARY
TOTAL BID PRICE IN WORDS Five hundred forty three thousand two hundred ninety seven
dollars and ninety six cents
In the event of 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 comphance 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 rnished m 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 Owner
The undersigned certifies that the bid prices contained in this proposal have been carefully
checked and are submitted as correct and final
Unit and lump sum prices as shown for each item listed in this proposal, shall control over
extensions
RED SIMPSW INC
CONTRACI'r�
i
Presvient
4615 Parliament Dr. Suite 200
Street Address
Alexandria, La 71303
City an State
Seal & Authorization 318.441.8421
(If a Corporation)
Telephone
PAGE 11 OF II
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