Loading...
1999-269AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF WATERLINES, PROVIDING FOR THE EXPENDITURE OF FLrNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2386 - SANDPIPER AND WESTCHESTER WATERLINE AWARDED TO OSCAR RENDA CONTRACTING, INC IN THE AMOUNT OF $337,653) WHEREAS, the C~ty has sohc~ted, received and tabulated competitive b~ds for the constmctmn of pubhc works or ~mprovements ~n accordance with the procedures of STATE law and C~ty ordinances, and, WHEREAS, the Ctty Manager or a designated employee has mcmved and recommended that the here~n described btds are the lowest responsible b~ds for the construction of the pubhc works or improvements described ~n the b~d ~nwtatmn, b~d proposals and plans and spec~ficatmns there~n, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SI~CTION I That the following competitive b~ds for the constructton of pubhc works or ~mprovements, as described ~n the "Btd Inwtat~ons", "B~d Proposals" or plans and spemficatmns on file ~n the Office of the Ctty's Purchasing Agent filed according to the b~d number assigned hereto, are hereby accepted and approved as being the lowest responsible b~ds BID NUMBER CONTRACTOR AMOUNT 2386 OSCAR RENDA CONTRACTING, INC $337,653 SECTION II That the acceptance and approval of the above competmve b~ds shall not constitute a contract between the C~ty and the person submitting the b~d for construction of such pubhc works or ~mprovements hereto accepted and approved, until such person shall comply w~th all reqmrements specffied ~n the Not,ce to B~dders ~nclud~ng the t~mely executton of a written contract and furmsh~ng of performance and payment bonds, and tnsurance certificate after notfficat~on of the award of the b~d SECTION III That the C~ty Manager ~s hereby anthonzed to execute all necessary written contracts for the performance of the construction of the pubhc works or ~mprovements m accordance w~th the b~ds accepted and approved here~n, prowded that such contracts are made ~n accordance w~th the Notme to B~dders and B~d Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contmned thereto SECTION IV That upon acceptance and approval of the above competitive bids and the execunon of contracts for the pubhc works and ~mprovements as authorized hereto, the C~ty Council hereby authorizes the expen&ture of funds ~n the manner and ~n the amount as spemfied m such approved b~ds and authorized contracts executed pursuant thereto SECTION V That thts ordinance shall become effective ~mmedlately upon ~ts passage and approval PASSED AND APPROVED this the / t~* day of ~,~,1999 JACK ~I,~ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BID 2386- CONTRACTUAL ORDINANCE ATTACHMENT TABULATION SHEET B~d 2386 Date 7/20/99 SANDPIPER AND WESTCHESTER WATERLINES Qt,y .i ,' QES¢E]P! TiON VENDOR VENDOR VENDOR ~_, ,~,OSCAR RENDA JAGOE PUBLIC ' ~i" i ~ ~ CONTRACTING, PIPE CON, INC ~ ~" ~' COMPANY ' ~ ~ ' , ~o~ INC SANBPIPER 8" WATERLINE $118,828 00 $127,249 85 $101,538 90 WESTCHESTER 8" WATERLINE $218,825 00 $320,839 15 $249,972 50 TOTAL $337,653 00 $448,089 00 $351,511 40 ADDENDUM YES YES YES CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this AUGUST day of 17 A D, 1999, by and between CITY OF DENTON · of the Cot~nty of DENTON and State of Texas, acting through MICHAEL W JEZ thereunto duly authorized so to do, hereinafter termed "OWNER," and OSCAR RENDA CONTRACTING, INC 522 BENSON LANE ROANOKE, TX 76262 of the City of ROANOKE , County of DENTON and State of TEXAS , hereinafter termed "CONTRACTOR" WITNESSETH That for and m 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 # 2386-SANDPIPER AND WESTCHESTER WATERLINE m the amount of $337,653 and all extra work in connection therewith, under the terms as stated In the General Condmons of the agreement, and at h~s (or their) own proper cost and expense to furmsh all materials, supplies, machinery, eqmpment, tools, supenntendence, labor, ~nsurance, and other accessories and services necessary to complete the work specified above, ~n accordance with the conditions and prices stated m the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Not~ce to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in CA- 1 accordance wtth the plans, whtch includes all maps, plats, blueprints, and other drawings and prmted or written explanatory matter thereof, and the Specifications therefore, as prepared by ENGINEERING DEPARTMENT all of whmh are made a part hereof and collectively evidence and constitute the entxre contract Independent Status It ts mutually understood and agreed by and between City and Contractor that Contractor ts an independent contractor and shall not be deemed to be or constdered an employee of the Ctty of Denton, Texas, for the purposes of income tax, withholding, socml security taxes, vacatmn or stck leave benefits, worker's compensanon, or any other City employee benefit Ctty shall not have supervtston and control of Contractor or any employee of Contractor, and it ts expressly understood that Contractor shall perform the services hereunder accordmg to the attached specfficatmns at the general &rectton of the City Manager of the Ctty of Denton, Texas, or hts desxgnee under this agreement Indemmficat~on Contractor shall and does hereby agree to mdenmlfy and hold harmless the C~ty of Denton from any and all damages, loss, or habthty of any k~nd whatsoever, by reason of injury to property or third persons occastoned by any error, ounss~on or neghgent act of Contractor, its officers, agents, employees, mvttees, and other persons for whom ~t is legally hable, with regard to the performance of thts Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton agamst any and all such claims and demands Chmce of Law and Venue Th~s agreement shall be governed by the law of the State of Texas and venue for ~ts construction and enforcement shall he m the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date estabhshed for the start of work as set forth in written nottce to commence work and complete all work within the tune stated m the Proposal, subject to such extensions of time as are provided by the General and Spemal Condlttons The OWNER agrees to pay the CONTRACTOR In current funds the price or prices shown m the Proposal, whtch forms a part of this contract, such payments to be subject to the General and Special Con&tlons of the Contract CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed tMs agreement in the year and day first above written (SEAL) ATTEST -- '- ' A~s}, -~qe¥.. CONTRACTOR MAILING ADDRESS APPROVED AS TA3 RM .~ PRINTED NAME BID 2386 Rev 81~ ~ CA - 3 PERFORMANCE BOND Bond #8149-24-02 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That OSCAR RENDA CONTRACTING, INC whose address m 522 BENSON LANE, ROANOKE, TX 76262, · hereinafter called Prmmpal, and Federal Insurance Company , a corporation orgamzed and exmtmg under the laws of the State of TEXAS , and fully authorized to transact business m the State of Texas, as Surety, are held and firmly bound unto the C~ty of Denton, a mummpal corporanon orgamzed and exmnng under the laws of the State of Texas, hereinafter called Owner, m the penal sum of THREE HUNDRED THIRTY SEVEN THOUSAND SIX HUNDRED FIFTY THREE AND no/100 DOLLARS ($337,653) plus ten percent of the stated penal sum as an add;tlonal sum of money representing addlnonal court expenses, attorneys' fees, and llqmdated damages arising out of or connected w~th the below ~dentxfied Contract, ~n lawful money of the United States, to be prod m Denton County, Texas, for the payment of which sum well and truly to be made, we hereby brad ourselves, our heirs, executors, admlmstrators, successors, and asmgns, jointly and severally, firmly by these presents Thru Bond shall automancally be increased by the amount of any Change Order or Supplemental Agreement whmh ~ncreases the Contract price, but in no event shall a Change Order or Supplemental Agreement wfuch reduces the Contract price decrease the penal sum of thru Bond THE OBLIGATION TO PAY SAME m condmoned as follows Whereas, the Prlnc~pal entered into a certain Contract, ~dentlfied by Ordinance Number 99-269 , w~th the C~ty of Denton, the Owner, dated the 17 day of AUGUST A D 1999 , a copy of which m hereto attached and made a part hereof, for BID # 2386-SANDPIPER AND WESTCHESTER WATERLINE NOW, THEREFORE, ~f the Principal shall well, truly and fmthfully perform and fulfill all of the undertakings, covenants, terms, cond~nons and agreements of smd Contract m accordance w~th the Plans, Spemficanons and Contract Documents dunng the omg~nal term thereof and any extenmon thereof which may be granted by the Owner, with or w~thont nonce to the Surety, and during the hfe of any guaranty or warranty reqmred under th~s 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, not,ce of wfuch modifications to the Surety being hereby wmved, and, if the Pnnclpal, 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 ftnal complenon and final acceptance of the Work by the Owner, and, ~f the Principal shall fully mdemmfy and save harmless the Owner from all costs and damages wfuch Owner may suffer by reason of failure to so perform here~n and shall fully reimburse and repay Owner all outlay and expense which the Owner may recur ~n making good any default or deficiency, then th~s obhganon shall be vmd, otherwise, shall remain in full force and effect PB - 1 PROVIDED FURTHER, that ~f any legal action be filed upon this Bond, exclumve venue shall he m Denton County, State of Texas AND PROVIDED FURTHER, that the smd Surety, for value received, hereby sUpulates and agrees that no change, extenmon of tune, alteraUon or add,non to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Spec~ficanons, Drawings, ete, accompanying the same, shall m anywme affect ~ts obhgat~on on thru Bond, and it does hereby wmve not~ce of any such change, extenmon of nme, alteration or addmon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans," Specifications, Drawings, etc Thru Bond ts g~ven pursuant to the prowmons of Chapter 2253 of the Texas Government Code, as amended, and any other apphcable statutes of the State of Texas The undermgned and demgnated agent m hereby demgnated by the Surety hereto as the Resident Agent m Denton County to whom any reqmmte nonces may be dehvered and on whom serwce of process may be had m matters arising out of such suretyship, as prowded by Article 7 19-1 of the Insurance Code, Vernon's Annotated C~wl Statutes of the State of Texas IN WITNESS WHEREOF, thru instrument m executed ~n 4 copies, each one of which shall be deemed an ongmal, thru the 17 day of AUGUST ~ 199._~9 /? ATTEST PRINCIPAL , ATTEST S~ETY ~fl~¢,/~/ ~/~../ Feder al Insurance Company ' Dtanne Gaas BY ATTORNEY-tN-FACT Arn:tm I Gerstenraeter The Remdent Agent of the Surety m Denton County, Texas for dehvery of notice and serwce of the process m NAME ~e~,a /_ STREET, ADDRESS 8 5S N ,4t eae, (NOTE Date of Performance Bond must be date of Contract If Resident Agent ~s not a corporation, gtve a person's name ) Purchas¢tBondAgr~n~ntForms d~ PB - 2 Chubb POWER Federal Insurance Company Attn Surety Department OF Vigilant Insurance Company 15 Mountain View Road Suritty ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana mrporatton, VIGILANT INSURANCE COMPANY, a New York c~rpomt~n~nd~AC~FIc~NDEMN~TYC~M~ANY~Wiso~nalncorporat~on~d~eschh~rebyconatitute~nd~ppoint Arnim I Gerstenmeier, John L Mondics and Larry D Greenhaw of Dallas, Texas ............................ each as their true and lawful Attorney.in-Fact to ececuta under such designation in their names and to affix their corporate onata to and deliver for and on their behalf as surety thereofl or ofherwles, ~ (other then ball bends) and undertakings given or executed In the course of Its bualnaea (but not to include any instruments emending or altering the same, nor conesnta to the meditation or alteration of any instrument referred to in said bonds obligations) In Witness Whereof, said FEDERAL INSURANCE COMPNCY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each exanuted and attested these presents and affixed their corporate seals on this 1 0t:h . day of February r 1 Re~noth C V~en~at, ~l'atai~fS~f~y' -- ~ ~ FralSk E Rchertecn, vic~Presldent STATE OF NEVV JERSEY '[ County d 8omemet On this ]-0th ~y of February, 19 9 9 before me a Nala~ Public of New Jemey pemonalty came Kenneth C Wandel to me known to be A~l~tant Seoreisry of FEDERAL INSURANOE COMPANY, VIGILANT INSURANCE COMPANY end PACIFIC INDEMNITY COMPANY the oompaniss which examined the foregoing Power of Attorney and Iho said Kenneth C Wendel being by me duly s,.~om did depose end ~ay that he Is Assistant Seorataq~ of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, end PACIFIC INDEMNITY COMPANY and Imows tho ~oqxxare ~eais thereof that tho ~eais affixed to the foregoidg Power of Attorney are such eocporate ~eais and were thorato affixed by authority of the By-Law~ of said Cornhonis~ end that he signed said Power of Attorney as A~l~tant Secretary of said Companis~ by like authorlly arid that ho ia a~quatnted with Frank E Roho~on, and kno~ him to ho vi~e pra~ident of said Comhonis~, end that the signature of Frank E Rohorison, ~hoorlhod to said Power of Attorney Is in the genuine handwfltlng of Frank E Rohoflson and was Ihereto suhoorihod by authority of said By-l.m~ and in deponaid'e presence CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY 'All powers of sttomsy for and on hehelf of the Company may and shall be exanuted in the name and on behalf of the Company, either by the Chairmen or the President or a Vies Presidont or an Assistant Vice President, Jointly with the Secretary or an Aealatsnt 8anratar/, under their respective deaignatlona The atgnature of such offinara may he engraved printed or lithographed The signature of esoh of the following officers Chairman, President, any Vies Praatdont, any Aeslatant Vice Praatdoot, any Secretary, any Assistant Sanretary and the eaal of the Company may he afSxed by facsimile to any power of attorney or to any certificate ratatlng thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bends end undertakings and ofher writings obligatory In the nature thereof end any such power of attorney or oeffiflnata bearing auoh fecalmlis signature or fanalmlis seal shall he valid and binding upon the Company and any such power ~o executed end naltlfled by such feeslmlis signature and isnalmlia seal shell be valid end binding upon the Company with reap~t to any bond or undertaking to which It is attoohed" I, Kenneth C Wandat, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the 'Companies') do hereby nartify that (I) the foragoing eidmot of the By-I.aws of the Companies Is tree and ~orraot, (ii) the Cornpanlsh ara duly lioenesd and authored to Imrea~t suraty bualmes in all 50 of the United States of AmerCe and the DIS~Ot of Columbia and ara auflx~ed by the U S Treasury ~ further, Federal and Vigilant are licensed in Puerto Rico and the U S Virgin islands, and Federal Is llCe~l~ed in ~n Sarma, Guam, and esch of the Pruvinces of Canado e~oat~ P~tnce Edward island, and (iii) the foregoing Power of Attorney is true, correct and in full fore end effect GIven under my h;(nd and esala of esld Companiec at Warren, NJ this i7th deyof August~ I999 IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mall surety~chubb com F~m t~1o-02~ (E~ 14NI) NON.CON~ENT PAYMENT BOND STATE OF TEXAS § Bond #8149-24-02 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That OSCAR RENDA CONTRACTING, INC , whose address is 522 BENSON LANE, ROANOKE, TX 76262, hereinafter called Principal, and l'redo, raj, Inm~r,an,~ ComDanv ' a corporatton orgamzed and exmtmg under the laws of the State-of - TEXAS , and' fully auth0mzed to transact business m the State of Texas, as Surety, are held and firmly bound unto the C~ty of Denton, a mumc~pal corporatmn organized and ex,sting under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furmsh matermls for, or perform labor upon, the bmlthng or improvements hereinafter referred to, m the penal sum of THREE HUNDRED THIRTY SEVEN THOUSAND SIX HUNDRED FIFTY THREE AND no/100 .... DOLLARS ($ 337,653) in lawful money of the United States, to be paid m Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby brad ourselves, our heirs, executors, administrators, successors, and asmgns, jointly and severally, firmly by these presents This Bond shall automatmally be mcreased by the mount of any Change Order or Supplemental Agreement which increases the Contract pmce, but m no event shall a Change Order or Supplemental Agreement wfuch reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME m cond~tioned as follows Whereas, the Principal entered into a certam Contract, ldentffied by Ordinance Number 99-269 , with the City of Denton, the Owner, dated the 17 day of AUGUST A D 1999 , a copy of whtch m hereto attached and made a part hereof, for BID 2386-SANDPIPER AND WESTCHESTER WATERLINE NOW, THEREFORE, if the Principal shall well, truly and fmthfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material m the prosecutmn of the Work provided for in smd Contract and any and all duly authomzed modfficatmns of said Contract that may hereafter be made, nonce of which mothficat~ons to the Surety being hereby expressly waived, then this obhganon shall be vmd, otherwise ~t shall remain m full force and effect PROVIDED FURTHER, that ff any legal action be filed on this Bond, exclusive venue shall lie m Denton County, Texas AND PROVIDED FURTHER, that the sad 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, Spemficatlons, Drawings, etc, accompanying the same, shall m anywme affect its obligation on tfus Bond, and it does hereby wmve nonce of any such change, extension of time, alteranon or add,non to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specfficat~ons, Drawings, etc PB - 3 Thls Bond m gxven pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other apphcable statutes of the State of Texas The undermgned and demgnated agent ~s hereby demgnated by the Surety hereto as the Remdent Agent m Denton County to whom any reqmmte notmes may be dehvered and on whom service of process may be had m matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vemon's Annotated Clwl Statutes of the State of Texas IN WITNESS WHEREOF, thru instrument ~s executed m 4 copies, each one of which' shall be deemed an original, thru the 17 day of AUGUST 1999 Oscar.~nd~ Contr~ng, Inc ATTEST SURETY  .~~ Federal Insurance Company Dtanne Gass BY EY Arn~m I GerstenraeJer The Remdent Agent of the Surety m Denton County, Texas for dehvery of not~ce and serwce of the process m NAME John L. Mond~cs 8235 Douglas Ave , Suite 828, Dallas, Texas 75225 STREET ADDRESS (NOTE Date of Payment Bond must be date of Contract If Restdent Agent ts not a corporatton, gtve a person's name ) Purchase/BondAgreementForms doter 8/99 PB - 4 Chubb POWER Federal Insurance Company Attn Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know/UI by These Pl'e~mts, The~ FEDERAL INSURANCE COMPANY, an Indiana co~, VIGILANT INSURANCE COMPANY, a New Yo~ corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Arnim I Gar s t enme i er, John L. Hond±(~s and Larry D Greenha'~ of Dal:].as, Texas ............................ each as their true and lawful Attomey.ln. Feot to exeoote under such designation In thoir names and to affix their corporate seals to and deliver for end on their behalf as surMy thereon or otherwlsa, bonds (other than ball bonds) and undertatdnga gly~ or exeoutsd in the course of Its buelnesa (but not to Include any inetrumeats amending or altering the same, nor ~sa~ts to the mndifleaiton or eltoration of any instrument referred to in said Ix)nde or obligations) In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each exeouted end attested these presents and affixed their corporate esala on this ]. 0t]h day of ~;ebruar¥; [ 9 9 9 Kenneth C V~en~tsl, ~gall~sto~S~l~Ery' -- I f Frank E Roberteon, Vi(~fPraatdeot STATE OF NEW JERSEY l ~ County of* Somemet J O~this lOgh dayof February~ 1999 before me a Netary Publl= of New Jemey pemonally rome Kenneth C Wendel to me known lo be A~letant Seoreta~/of FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY the ~ompanles which exbeuted the foregelng Power of AEomey, and Ihs said Kenneth C Wenbel being by me duly sworn, did depose and .ay that he is Asetetant S~reta~/of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the ~mporete leets thereof thai the seals affixed to the forngolng Power of Altomey are such omporeta ~eall and were th®reto affixed by authority of the By Law of said Compenle~ and that he signed .aid Power of AEomey as A~Mataet 8eoretaly of laid Compaides by like aulhedty' and that he Is aoquetnted wEh Frank E Roberl~on and know~ him to be Vice president of .aid Companies, end thai the signature of Frank E Roher~on sub~flbed to said Power of Atlomey is in the genuine handwriting of Frank E Roberlaon, and was Ihereto suhemthad by authority of ~ald By-Laws end In deponenl's pra~ence Extract from the By-Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY 'All powers of a~mey for and on behalf of the Company may End shall he exe<ruted in the name and on behalf of the Company, ~hor by the Chairman or the President or a Vino Pr~ident or an Asalatsnt Vice Pre~lant Jointly with the Secretary or an Assistant Secretary, under their respective ciealgnatlona The signature of ~u~h offl~am may he engraved printed or lithngraphed The signature of each of the following officers Chairman, President, any Vino Prsaldent, any Asalataot Vice president, any Secretary, any Assistant Secretary and the seal of the Company mey be affixed by feoatmila to any power of attorney or to any nottlflsats relating thereto appointing Asalatsnt Secretsrisa or Attomeys-ln-Fac~ for pu~ only of exnoutlng and attesting bonds and undertakings and other writings obligatory In the nature thereof and any euch power of attorney or nortlflcate bearing such fecatmlla signature or tsnalmila seal shall be velkl and binding upon the Company and any such power ec executed and nortlfied by ~uc.h fa~lmlla slgnotura and tsnolmlla seal shall he valid end binding upon the Company with respect to any bond or undertaldng to which It la attached ' I. Kenneth C Wendel, Asalateot Seoratsry of FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY (the 'Companies") do hereby no~tify that the foregoing extract of the By-Laws of the Companlas la true and no.eot, III) ihe Compankm ara dulylinor~ed and autho~nd totmnesot ~uraty boslness In all 50 of the United Stotss of America and the Dtat~ of Coiumblasnd areauthoriz~MbytheU S Tmam.~y Deportment, further, Fedemla~ Vig~ant arelinonoedln Puerto Rkx)eodthe U S Virgin Islande, end Federal la ltcenecd In American ~arnoa, Guam. end esch of the P~ of Canode exnoP~ Pdnoe Edward laland, and (iii) the foregoing Power of Attorney is true, ~ and in full fnma and effect GlvenundermyhandandeaalaofsaldCompanlasatWarran, NJ this ~.Tt:h dayof Au,~ust:~ 1999 IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY' THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3856 e-mail surety~chuhb corn CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Btdder's attentton ts dtrected to the tnsurance requtrements below It ts highly recommended that btdders confer wtth thetr respecttve insurance carriers or brokers to determine tn advance of But submission the avadabdtty of tnsurance certtficates and endorsements as prescnbed and provtded heretn If an apparent low btdder fads to comply strictly with the insurance reqmrements, that btdder may be dtsquahfied from award of the contract Upon, bid award, all tnsurance requtrements shall become contractual obhgattons whtch the successful btdder shall have a duty to matntatn throughout the course of thts contract STANDARD PROVISIONS. Wtthout ltmtttng any of the other obltgattons or ltabtltttes of the Contractor, the Contractor shall provtde and matntatn unttl the contracted work has been completed and accepted by the Ctty of Denton, Owner, the mtntmum tnsurance coverage as tndtcated heretnafler As soon as practtcable after nottficatton of btd award, Contractor shall file wtth the Purchastng Department sattsfactory certificates of tnsurance, contatntng the btd number and tttle of the project Contractor may, upon written request to the Purchastng Department, ask for clanficatton of any tnsurance requtrements at any ttme, however, Contractors are strongly advtsed to make such requests prtor to btd opentng, stnce the tnsurance requtrements may not be modtfied or watved after btd opentng unless a wrttten exceptton has been submttted wtth the btd Contractor shall not commence any work or dehver any matertal until he or she recetves nottficatton that the contract has been accepted, approved, and stgned by the Ctty of Denton All tnsurance poltctes proposed or obtatned tn sattsfactton of these requtrements shall comply wtth the followtng general spectficattons, and shall be matntatned tn compliance wtth these general spectficattons throughout the duratton of the Contract, or longer, tf so noted · Each poltcy shall be issued by a company authorized to do business m the State of Texas w~th an A M Best Company ratmg of at least A · Any deductibles or self-insured retentions shall be declared ~n the bid proposal If requested by the Ctty, the insurer shall reduce or elnmnate such deductibles or self-msured retentions w~th respect to the C~ty, its officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteemg payment of losses and related mvest~gat~ons, claim admtmstrat~on and defense expenses · L~ab~l~ty pohe~es shall be endorsed to prowde the following Name as addtt~onal insured the C~ty of Denton, tts Officials, Agents, Employees and volunteers · · That such insurance xs primary to any other xnsurance available to the addmonal insured wtth respect to clmms covered under the pohcy and that thts insurance apphes separately to each insured against whom clmm ~s made or stat ts brought The mclusxon of more than one insured shall not operate to increase the tnsurer's limit of hablhty · All pohctes shall be endorsed to read "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED 01~ 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 reqmred insurance be prowded under a clanns-made form, Contractor shall maintain such coverage contmnuously throughout the term of thts contract and, wtthout lapse, for a period of three years beyond the contract explratton, such that occurrences arising dunng the contract term which gtve rise to clanns made after exptratlon of the contract shall be covered · Should any of the requnred insurance be provided under a form of coverage that tncludes a general annual aggregate lumt provtthng for clmms tnvestlgatton or legal defense costs to be tncluded m the general annual aggregate hmtt, the Comractor shall etther double the occurrence lumts or obtatn Owners and Contractors Protecttve Ltabthty Insurance · Should any required insurance lapse during the contract term, requests for payments orlglnatmg after such lapse shall not be processed until the Ctty receives satisfactory ewdence of remstated coverage as required by this contract, effective as of the lapse date If msurance ts not reinstated, C;ty may, at ~ts sole optton, ternunate thts agreement effecttve on the date of the lapse SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS All tnsurance pohctes proposed or obtatned tn sattsfactton of thts Contract shall addtttonally comply wtth the followtng marked spectficattons, and shall be mamtatned tn comphance wtth these ad&ttonal spectficattons throughout the duratton of the Contract, or longer, tf so noted [X] A General Ltability Insurance' General L~abthty insurance w~th combined s~ngle hm~ts of not less than $1,000,000 shall be provtded and maintained by the Contractor The pohcy shall be written on an occurrence bas~s e~ther ~n a single pohcy or in a combination of underlying and umbrella or excess pohc~es If the Commercial General Liability form (ISO Form CG 0001 current edmon) ~s used · Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual habthty covenng th~s contract and broad form property damage coverage · Coverage B shall include personal ~njury · Coverage C, medical payments, is not reqmred If the Comprehensive General Ltab~hty form (ISO Form GL 0002 Current Edmon and ISO Form GL 0404) Is used, n shall ~nclude at least · Bodily ~njury and Property Damage Lmb~hty for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures · Broad form contractual habd~ty (preferably by endorsement) covering th~s contract, personal injury habd~ty and broad form property damage hab~hty [xl Automobde Lmbd~ty Insurance Contractor shall provide Commercial Automobile L~ablllty ~nsurance w~th Combined Single LUnlts (CSL) of not less than $1,000,000 e~ther m a s~ngle pohcy or m a combmatlon of basic and umbrella or excess pohc~es The pohcy w~ll Include bodily mjury and property damage hablhty arising out of the operation, maintenance and use of all automobdes and mobile equipment used ~n conjunction w~th th~s contract Satisfaction of the above requirement shall be in the form of a pohcy endorsement for · any auto, or · all owned, h~red and non-owned autos [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensatton ~nsurance which, in addition to meeting the minimum statutory requirements for ~ssuance of such insurance, has Employer's L~abihty limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupataonal disease The C~ty need not be named as an "Addmonal Insured" but the insurer shall agree to waive all rights of subrogation against the C~ty, ~ts officials, agents, employees and volunteers for any work performed for the C~ty by the Named Insured For bmldmg or construction projects, the Contractor shall comply with the provisions of Attachment 1 m accordance w~th §406 096 of the Texas Labor Code and role 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 m 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 [ ] F~re Damage Legal Liability Insurance Coverage is required d 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 Lmbdity Insurance Professional hablhty Insurance with limits not less than per claim with respect to negligent acts, errors or omissions m connection with professional services is required under this Agreement [ ] Broiders~ 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 [ ] Ad{ht~onal Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements If such adthnonal insurance is required for a specific contract, that requirement will be described In the "Specific Conditions" of the contract specifications ATTACHMENT 1 [] Worker*s Compensation Coverage for Budding or Constructmn ProJects for Governmental Entities A Defimt~ons Certfficate of coverage ("certlficatc")-A copy of a cemficate of ~nsurance, a certfficate of authority to self-Insure ~ssued by the comm~ssmn, or a coverage~ agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or ennty's employees prowdmg serwces on a project, for the duration of the project Duration of the project - mcludes the t~me from the beginning of the work on the project until the contractoffs/person's work on the project has been completed and accepted by the governmental entity Persons prowd~ng serwces on the project ("subcontractor" m §406 096) - includes all persons or entrees performing all or part of the serwces the contractor has undertaken to perform on the project, regardless of whether that person contracted d~rectly w~th the contractor and regardless of whether that person has employees Th~s ~ncludes, w~thout lnmtat~on, ~ndependent contractors, subcontractors, leasing compamcs, motor careers, owner-operators, employees of any such cnnty, or employees of any entity whmh furmshes persons to prowde serwces on the project "Services" ~nclude, w~thout hnutat~on, prowd~ng, hauhng, or dehvenng eqmpment or materials, or prowd~ng labor, transportation, or other serwce related to a project "Serwces" does not ~nclude actlwt~cs unrelated to thc project, such as food/beverage vendors, office supply dehvcnes, and dehvery of portable toilets B The contractor shall prowde coverage, based on proper repomng of class~fmat~on codes and payroll amounts and fihng of any overage agreements, which meets the statutory reqmrements of Texas Labor Code, Sectmn 401 011(44) for all employees of the Contractor prowdmg serwces on the project, for the duration of the project C The Contractor must prowde a cemficate of coverage to the governmental entity prmr to being awarded the contract D If the coverage period shown on the contractor's current certfficate of coverage ends durmg the duration of the project, the contractor must, prior to the end of the coverage period, file a new certfficate of coverage w~th the governmental ennty showing that coverage has been extended E The contractor shall obtain from each person prowdlng services on a project, and prowde to the governmental entity (1) a cert~fxcate of coverage, prior to that person begmmng work on the project, so the governmental entity w~ll have on file certd~cates of coverage showing coverage for all persons prowd~ng serwces on the project, and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, d the coverage per~od shown on the~ current certificate of coverage ends during the duration of the project F The contractor shall retain all reqmred certdlcates of coverage for the duration of the project and for one year thereafter G The contractor shall notlfy the governmental entity m writing by certified mall or personal dehvery, w~thm 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person prov~dmg services on the project H The contractor shall post on each project s~te a not~ce, ~n the text, form and manner prescribed by the Texas Workers' Compensation Commission, ~nform~ng all persons providing services on the project that they are reqmred to be covered, and stating how a person may verify coverage and report lack of coverage I The contractor shall contractually reqmre each person with whom ~t contracts to prowde serwces on a project, to (1) prowde coverage, based on proper reporting of class~ftcat~on codes and payroll amounts and fihng of any coverage agreements, which meets the statutory reqmrements of Texas Labor Code, Section 401 011(44) for all of xts employees providing serwces on the project, for the duration of the project, (2) prowde to the contractor, prior to that person begmmng work on the project, a certificate of coverage showing that coverage ~s being prowded for all employees of the person prowdmg services on the project, for the duration of the project, (3) prowde the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, ~f the coverage per~od shown on the current certd~cate of coverage ends during the duration of the project, (4) obtam from each other person w~th whom ~t contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person begmmng work on the project, and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, ~f the coverage per~od shown on the current certificate of coverage ends during the duration of the project, ~ (5) retam all reqmred certificates of coverage on file for the duration of the project and for one year thereafter, (6) not~fy the governmental entity m writing by certified marl or personal delivery, w~th~n 10 days after the person knew or should have known, of any change that matermlly affects the prows~on of coverage of any person providing serwces on the project, and (7) contractually reqmre each person w~th whom ~t contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be prowded to the person for whom they are prowdmg services J By signing th~s contract or providing or causing to be prowded a cert~ficate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who w~ll prowde serwces on the project w~ll be covered by workers' compensation coverage for the duration of the project, that the coverage w~ll be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements w~ll be filed w~th the appropriate insurance carrier or, m the case of a self-insured, with the conumsslon's Dlws~on of Self-Insurance Regulation Prov~dmg false or mlsleadmg ~nformat~on may subject the contractor to admlmstrat~ve penalties, crnmnal penalties, clwl penalties, or other ctwl actions K The contractor's failure to comply w~th any of these provisions is a breach of contract by the contractor which entxtles the governmental entity to declare the contract void d the contractor does not remedy the breach w~thln ten days after receipt of notice of breach from the governmental entity B~D # 2386 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR TIlE CONSTRUCTION OF SANDPIPER 8" WATERLINE · AND WESTCHESTER 8" WATERLINE DENTON, TEXAS The undersxgned, as bmdder, declares that the only person or partmes interested mn thms proposal as prmncmpals are those named heremn, that thms proposal ms made wmthout collusion wmth any other person, fmrm or corporation, that he has carefully exammned the form of contract. Notmce to Bmdder, specxfmcatmons and the plans theremn referred to, and has carefully exammned the locatmons, condmtmons and classes of matermals of the proposed work and agrees that he wmll provmde all the necessary labor, machmnery, tools, apparatus, and other mtems mncldental to construotmon, and will do all the work and furnmsh all the matermals called for mn tke contract and specmfmcat~ons in the manner prescribed heremn and accordmng to the requirements of the C~ty as therein set forth It ms understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a gumde mn evaluating bxds It is agreed that the quantities of work to be done at unmt prmces and matermal to be furnmshed may be xncreased or dmm~nxshed as may be consmdered necessary, mn the opmnlon of the Cmty, to complete the work fully as planned and contemplated, and that all quantmtmes of work whether increased or decreased are to be performed at the unit prmces set forth below except as provmded for mn spec~fmcatmons It ~s further agreed that lump sum prmces may be mncreased to cover addmtmonal work ordered by the City, but not shown on the plans or requmred by the speclfmcatlons, in accordance w~th the provisions to the General Condmtlons Smmmlarly, they may be decreased to cover deletion of work so ordered It ms understood and agreed that the work is to be completed in full wmthmn the number of work nays s~.own on the bmd tabulatmon sheet P-! Ac, companylng this proposal is a certified or cashier's check or Bid So~d, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shell be returned to the bidder, unless in case of the acceptance of. the proposal, the bidder shall fall to execute a contract and fi~e a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. ~wner may. investigate the p~ior performance of bidder on other con=facts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification of the b~d, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform all work of wh&tever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: ** PLEASE RETURN BID TABULATION SHEET AND SUMMARY SHEET IN DUPLICATE ** P - 2 Sandp~per 8" Waterline BID TABULATION SHEET Work Days__ 30__ Bid No P,Q, No, 121 ContractorsWarran~¢sandUnderstanchngs [LS 15~,~'~ fLS Umt Price In Words 7t40 '?~30b/l/v'~ l:\v'r- 12-A 2" Water Line 10 Umt Price In Words . 12-B 4" Water Line 21 $ Umt Price In Words _ - 12-C 8" Water Line 1841 /LF UmtPnceInWords ~'ol~'r¢ 6~/~ De~/-~...4,Zs .... ' I 128 Duotlle Iron Fittings I 635 LB Unit Pnce In Words Foo~. g)0~.~9. ~ 13-A 6" Valves [ I EA $ Um!PnceInWords ~x~/~. ~wtv~,iO l~c~ut~es ~ 13-B 8" Valves I 4 EA 15 14 F,re Hydrant Assembly I2 lEA I$ 16-A Iwat Servlce(Pubh¢) 142 I ^l$ oo 3-B R~ovo C~b ~d GuRerI 10 LF 1 Pr~atlon of~t of Way [' [LS I $ I,[~ UmtPnce~Wo~s 0~ ~OU$~ ~oL~j - -- 9 Sod, ~ 126 SY $ ~ /SY $~00~ Umt Price ~ Wo~s ~ i ~ P3 Sandp~per 8" Waterline BID TABULATION SHEET Work Days 30 Bid No Item Description Quantity Unit Price Total I Bamcades, Warmng Signs, and Detours /LS Pnca In Words .5 ~' v~ 2-A Install Curb and Gutter 10 $ Um~PncclnWords T/4fll'r~ ~lgHf Dot.es - - Um~ Pnce In Words 7~',q' 00 L~a~j ------- SP-lO RockExcavat,on I 50 UmtPncelnWords ~'lv~- )o~$ -- SP-37 1841 $ [ /LF SP-40 Cut and Plug Existing Waterline SP-43 Asphalt Saw Cut Um~ Price In Words ~'t$ ..... P-44 Remove F~re Hydrant 1 $ UmtPnceInWords -fWO ~o~qO~: O .D,,L~4g~ - ;P-45 ~l~;e,aneou. Sp.r~.ler Sy.t.m A,u..,..o.t I UnltUml Price In W°rdSpnce In Words ~" l/~'t'v' J~o~' 0 q ~'D[ p o t../..,4 t?.~$ -- ' [$ $ $ Pnce In Words TOTAL P4 Westchester 8" Waterline BID TABULATION SHEET Work Days 45 B~d No PO No 12-C 3041 /LF 212-E [8"WaterLme-Ductalelron ] 40 ] ~ l*-70 ~l* Z~O Umt Price In Words $ ~"50 mA Westchester 8" Waterline BID TABULATION SHEET Work Days. 45__ Bid No , PO No Description Umt~Pnce ~ W~ ;P- 10 Rock Excava~on 1548 UmtIPnce In Wot& ~V~ Umt!~co In Wor~ ~M~ ..... SP-40 Cut ~d Plug Ex~s~ng W~hnc 2 ~A UmtiPncc In Wot& Tk~O ~O~ P-42 Remove V~ve Stack 2 $ Umt~Pnce In Wot& ~g~ ,L ~A~ ~ ..... SP-43 Cut 7572 Umt In Wot& M~sc,ell~eo~ Sp~ler System AdjaCent Umt [Price In Wor& $ $ Unlt'~ce In Wor& $ $ Unit ~Pnce In Wor& $ 6/~5/99 P 6 BID SUMMARY TOTAL BID PRICE IN WORDS vent of ~he award of a contract to ~he undersigned, In the e d a a ent bond for ed will furnish a performance bond an p ym .. undersign .... ro er oompllance~ w~un ~hA ~ull a oun= of cont=uct, to sec~e.P .P ....... the te~s and provisions of ~e contr~ tance, ~d to ~arantee the work ~til final completion and a P ..... pa~ent for all lawful clai~ for labor p~rfo~ea anu furnished in ~e fulfillment of ~e con=rat=. It iS understood that ~. work pro~o~e~ ~o be ene ~ finis~ea in accoraance acce t~d, when full~ completed and ....... ~ .~- =..4.~ r The undersigned certi~ies ~at ~e bid prLces contained in this proposal have been carefully checked and are submitted as and final. Unit and l~p-sum prices as sho~ for each item listed in proposal, shall con=to1 ov~ e~ensions. CONT~CT~ I ~ S~ Address City and Seal a Authorization (if a Corpora=ion) ~1~- ~%/- Telephone B - i BID SUMMARY PROJECT WORK DAYS BID 1 Sandpiper 8" Waterline 30 $ I ~.R., P'L'~ 2 Westchester 8" Waterline 45 $ ZI~', ~82.5' TOTAL $ ~"]~/a6'3 ~ Both waterhne projects will be awarded to one contractor Award of bid will be based on the total The two projects are separated for bookkeeping purposes only Days for each project will be kept separately in order to mlnnmze the amount of construction time on any gtven street B-2 ~B~m~TE ~Y ~ I~U,~ O~ ~Y ~B~AIN, ~E NSY~q ~0~0 BY ~e ~LIG E~ ~O~iD H~EIN IS aU~B~ TO ALL THE . ~ J ~E~PR~OT ~m. ~m~D~T~Y ~ ~ s 1o0, one ) ~ml~ m ~FOOOlOTe~14 o3tOllee O~lOt/oo B I ~ ~ ~ LN~ ); 1,000,000 ~ ~~ ~ " ~'~- ~ ~,ooo,o~o O F ~ M~ eM~53~5 0~/01/~ 03/01/00 Any ~e ~=urrenoi ~ OOO 000 I A,y Ofl~ I ~ ~OO,OOO n~ed nmurod O~noe al on ~rov[iloq ~hm I rmmd" 8hou d any ol I~m above dmaorlbad polla~ea b~ caneallid, nenrlnwd or muerlal/y ohinged ',i (I0) Tin ~ys notia, for nan pm~enl o~ pral~ will r~ln .non~ngma I m ~I~TION ~ ~R~P, ~B I~UIM ~MPA~ WILL BN~ ~ ~g ~Y8 WReN ~lal TO THE GE~IPIGA~ ~fl Pu~ D.~ M ~~~~~~--' I