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1996-050 ORDINANCE NO q~0 -OS O AN ORDiNANCE ACCEPTING COMPETITIVE BIDS AND PROVIDiNG FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of pubhc works or improvements in accordance with thc procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTIOI~/I That the following competitive bids for the construction ofpubhc works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID bg/MBF_,R CO19;rRACTDR AMOUNT 1849 DICKERSON CONSTRUCTION $1,056,897 50 1857 REAVES ENTERPRISE EXHIBIT A 1859 NORTHERN TREE SERVICE INC / $ 30,800 00 ALLEN TREE CO SECTION 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 furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECIIOIg3II That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the pubhc works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specfficatlons, standards, quantities and specified sums SECIION~ 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 ~-~q~ day ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CONTRACT DOC DATE MARCH 5, 1996 TO Mayor and Members of the City Council FROM Rick Svehla, Acting City Manager SUBJECT BID # 1849 - SCRIPTURE STREET 20" ANI) 8" WATERLINE ~IO1~ We recommend this bid be awarded to the lowest bidder, Dlckerson Construction, in the amount of $1,056,897 50 SUMMARY: This bid is for the constmcUon of a waterline project consisting of 8,340 feet of 20" waterline beginning at the intersection of Welch and Sycamore and ending at McKenna Park, as well as approximately 5,000 ft of 8" waterline on Scripture from Ponder Street to Bonnie Brae The 20" waterline is the second of three projects designed to increase Denton transmission capacity from the east to west side of town The Sycamore Street line was completed last year In addition to the 20 inch hne, we are replacing an old 4" line on Scripture with an 8" line The 20" line is for transmission while the 8" line is for local distribution Pubhc Utlhty Board recommend approval BACKCdlOiJNII. Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROIJP$ AFFECTED. Denton Municipal Utilities and Citizens of Denton EISCAL~ This project will be funded from budgeted bond funds for fiscal year 1996 CIP Construction $1,168,000 00 was set aside for the Scripture Waterline Rick Svehla Acting City Manager Approved Name Tom D Shaw, CPM Title Purchasing Agent 709 AGENDA LU LU :fl: Z Z 0 ~fl: Z Z · 0 I I~ ~ 0 DATE MARCH 5, 1996 ~ REPORT TO Mayor and Members of the City Council FROM Rick Svehla, Acting City Manager SUBJECT BID # 1857 - UNDERGROUND ELECTRIC CONSTRUCTION RECOMMENDATION. We recommend this bid be awarded to the only bidder, Reaves Enterprise at the unit prices listed below DIRT WORK ITEM DESCRIPTION PRICE 1 TRENCH UNIT 6" X 30" $ 1 20 FT 2 TRENCH UNIT 6" X 42" $ 1 28 FT 3 ROCK ADDER $ 3 00 FT 4 BORE, l" SDR 13 5 DUCT, DIRT $12 00 FT 5 BORE, 2" SDR 13 5 DUCT, DIRT $12 00 FT 6 BORE, 2 5" SDR 13 5 DUCT, DIRT $12 00 FT 7 HANDDIGGING $21 00 HR 8 MECHANICAL DITCH TAMPING $1 00 FT 9 BACKHOE $40 00 HR 10 LABORER $15 00 HR l CONDUIT 1" PVC SCH 40 $ 0 45 FT 2 CONDUIT 2" PVC SCH 40 $ 0 50 FT 3 CONDUIT 2 5" PVC SCH 40 $ 0 55 FT 4 CONDUIT 4" PVC SCH 40 $ 0 60 FT 5 1" PVC CONDUIT 90 DEG SWEEP $ 5 00 EA 6 2" PVC CONDUIT 90 DEG SWEEP $ 5 00 EA 7 2 5" PVC CONDUIT 90 DEC SWEEP $ 5 00 EA 8 4" PVC CONDUIT 90 DEG SWEEP $ 6 00 EA 9 2" PVC CONDUIT 45 DEC SWEEP $ 5 00 EA 10 2 5" PVC CONDUIT 45 DEC SWEEP $ 5 00 EA 11 4" PVC CONDUIT 45 DEC SWEEP $ 6 00 EA 12 4" PVC CONDUIT 22 5 DEC SWEEP $ 6 00 EA 1 CABLE, CU UF SOL 12 2 W/G $ 0 30 FT 2 CABLE 2/0 2/0 #1 SEC, 600 VOLT $ 0 50 FT 3 CABLE 4/0 4/0 2/0 SEC, 600 VOLT $ 0 60 FT 4 CABLE, #2 CON 220 ML, 15KV $ 0 65 FT TERMINATIONS ! ELBOW, LOADBREAK #3-220 ML $ 40 00 EA BID NAME UNDERGROUND ELECTRIC REAVES CONSTRUCTION ENTERPRISES OPEN DATE JANUARY 23, 1996 PAGE ~ OF 2 QUANTITY DESCRIPTION VENDOR EXHIBIT A DERT WORK 32,000 FT TRENCH UNIT 6"X30" $1 20 2 80,000 ET TRENCH UNIT 6"X42" $1 28 ~ 500 FT ROCKADDER _ $3 00 ~ 500 FT BORE, 1" SDR 13 5 DUCT, DIRT $12 00 ~ 500 FT BORE, 2"SDR 13 5 DUCT, DIRT $12 00 i--6. 500 FT BORE, 2 5"SDR 13 5 DUCT, DIRT $12 00 7 1,000 HR HANDDIGGING $21 00 9~ ~ ~ $4000 lO 1 400 FT CONDUIT 1" PVC SC~ 40 $0 45 ~ 70,0~ ~' CONDUIT 2" PVC SCH 40 $0 50 [~ 30,000 FT CONDUIT 2 5" PVC SCH 40 $0 55 ~ 1~00 ~ CONDUIT 4" PVC SCH 40 $0~0 5_ 125 EA 1" PVC CONDUIT 90 DEG SWEEP $5 00 2"PVC CONDUIT 90 DEG SWEEP ~soA ~ 2 s"evc co~owx 9o o~ sw~ $5 oo 8 [ 25 EA 4" PVC CONDUIT 90 DEG SWEEP $6 00 b , ~ -~A ~"evc co~x 45 n~ sw~e SS oo -~f[ 40 EA 4"PVC CONDUIT 45 DEG SWEEP $6 00 CABLE 1 12,000 FT CABLE, Cu UF SOL 12 2 WIG $0 30 20,~0 FT _ CABLE 2/0 2/0 ~1 SEC,600 VOLT .... $0 50 20,000 FT CABLE 4/0 4/0 2/0 SEC, 600 VOLT $0 60 20,000 FT CABLE, ~2 CON 220 ML, 15 KV $0 65 100 EA ELBOW~LOADBREAK ~2-220ML $40 00 O~R 800 EA PEDESTAL SEC/W/STA~ $50 00 ~--[ 250 EA T~NSFORMER PAD 48"X48" [ / FIBERCRETE .... $125 0~ 50 EA INSTALL T~NSFO~ER ON PAD $125 00 30 EA INSTALL 35' FIBERGLASS POLE & STREET LIGHT $150 00 G~ND TOTAL $501,905 00 BID BOND YES CITY COUNCIL REPORT MARCH 5, 1996 PAGE 2 OF 2 OTHER ITEM DESCRIPTION PRICE 1 PEDESTAL SEC/W/STAKE $ 50 00 EA 2 TRANSFORMER PAD 48"X48" FIBER CRETE $125 00 EA 3 INSTALL TRANSFORMER ON PAD $125 00 EA 4 INSTALL 35' FIBERGLASS POLE & $150 00 EA STREETLIGHT The estimated annual expenditure for this contract is $260,000 00 SLkMMJJIY~ This bid is for equipment and labor necessary for mstallauon of underground electrical distribution systems, to supplement the work of existing City of Denton field crews The City of Denton will furnish all materials (to assure uniformity of the system) This will be an annual contract and may be extended for additional one year periods with all pricing terms and conditions remaining the same as per the bid documents This contract wall be reviewed at the end of 96' fiscal year The pricing of the only bidder has been compared to other area co-op and municipal utihtles and is in line This vendor has done many jobs for the City in the past, is very knowledgeable in the high voltage electric field and has managed projects with no incidents Notices were sent the 44 prospective vendors, plans were picked up by only 3 utlhty contractors, and one bid proposal was received Requirements for high voltage installation maybe the cause for potential bidders to not respond to this bid request BACKATJIOUJ~klI. Tabulation Sheet, Memorandum from Don McLaughhn PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Electric Distribution Division, Electric Utilities, Electric Customers of the City of Denton EISE. ALJJ~AC~. Budgeted funds for Electric Distribution Underground Construction for 1996 ully submitted Acting City Manager Prepared by Name Denise Harpool I Title Senior Buyer Name Tom D Shaw, CPM Title Purchasing Agent 710 AGENDA [~ID # 1857 BID NAME UNDERGROUND ELECTRIC REAVES CONSTRUCTION ENTERPRISES OPEN DATE JANUARY 23, 1998 PAGE 1 OF 2 ~ QUANTITY DESCRIPTION .... VENDOR VENDOR DIRT WORK 32,000 FT TRENCH UNIT 6"X30" $1 20 80,000 FT TRENCH UNIT 6"X42" $1 500 FT ROCK ADDER $3 0~ 500 FT BORE, 1" SDR 13 5 DUCT, DIRT $12 00 500 FT BORE, 2"SDR 13 5 DUCT, DIRT _ _ $12 00 _ 500 FT BORE, 2 5"SDR 13 5 DUCT, DIRT $12 00 7 1,000 HR HANDDIGGING $21 00 112,000 FT MECHANICAL DITCH TAMPING $1 00 500 HR BACKHOE $40 00 $OOHR LABORER --- $15~ CONDUIT 400 FT CONDUIT 1" PVC SCH 40 $0 70,000 FT CONDUIT 2" PVC SCH 40 _ $0 50 -- 30,000 FT CONDUIT 2 5" PVC SCH 40 $0 55 1,000 FT CONDUIT 4" PVC SCH 40 $0 60 125 EA 1" PVC CONDUIT 90 DEG SWEEP _ _ _ $5 00 300 EA 2"PVC CONDUIT 90 DEG SWEEP $5 00 250 EA 2 5"PVC CONDUIT 90 DEG SWEEP $5 00 25 EA 4" PVC CONDUIT 90 DEG SWEEP $6 00 ~ 40 EA 2"PVC CONDUIT 45 DEG SWEEP _ $5 00 10 40 EA 2 5"PVC CONDUIT 45 DEG SWEEP $5 ~0 40 EA 4"PVC CONDUIT 45 DEG SWEEP $6 00 10 EA 4"PVC CONDUIT 22 5 DEG SWEEP $6 00 CABLE 12,000 FT CABLE, Cu UF SOL 12 2 W/G $0 30 20,000 FT CABLE 2/0 2/0 #1 SEC,600 VOLT $0 50 20,000 FT CABLE 4/0 4/0 2/0 SEC, 600 VOLT $0 60 20,000 FT CABLE, #2 ~CON 220 ML, 15 KV $0 65 TERMINATIONS 100 EA ELBOW~LOADBREAK #2-220ML $40 00 OTHER 800 EA PEDESTAL SEC/W/STAKE $50 00 250 EA TRANSFORMER PAD 48'X48" FIBERCRETE $125 00 50 EA INSTALL TRANSFORMER ON PA~ $125-00 - - 30 EA INSTALL 35' FIBERGLASS POLE & STREET LIGHT _ $150~00 GRAND TOTAL $501,905 00 BID BOND YES CITY OF DENTON MUNICIPAL UTILITIES · 901-A TEXAS STREET · DENTON TEXAS 76201 MEMORANDUM TO Denise Harpool, Sen~or Buyer FROM Don ~uLaughl~n, Electric Engineering /~/~ ~/~ Senior Engineer DATE February 28, 1996 SUBJECT. EVALUATION OF QUOTATION ON BID ~1857 FOR CONTP~CT UNDERGROUND ELECTRIC CONSTRUCTION The Utility staff recommends awarding the bid to the iow bidder The iow bidder was Reaves EnterprIses w~th a iow bid of unit prices The contract guarantees a minimum of $150,000 Maximum money that can be spent without going back to bid is $260,000 The contract is needed due to the current development activity in the City of Denton The contractor will be installing electric facilities in new single-family developments and large apartment complexes This will allow City crews to concentrate on maintenance, services and commercIal customers The use of a contractor w~ll allow the C~ty to maintain current service levels to the development community DL lw 02286006 "Dedicated to Oua#ty Serwce" DATE MARCH 5, 1996 CITV COUNCIL REPDRT TO Mayor and Members of the City Council FROM Rick Svehla, Acting City Manager SUBJECT BID # 1859 - DENTON MUNICIPAL AIRPORT RUNWAY 35 APPROACH CLEARING RECOMMENDATION. We recommend this bid be awarded to the low bidder, Northern Tree Service Inc/Allen Tree Co in the total amount of $30,800 00 SUMMARY. This bid is for all labor and equipment necessary in clearing and topping of designated trees in the Runway 35 approach of the Denton Municipal Airport Three bid proposals were received in response to five notices mailed to prospective vendors BACKGROIJ~II~ Tabulation Sheet, Memorandum from Gerald Muslck wtth Freese and Nichols, Inc Consulting Engineers PROGRAMS, DEPARTMENTS _OR~ROiJES AFFtA2TED~ Denton Municipal Airport, Federal Aviation Administration, Air Traffic EISCALiMPAC~ Funding for this project will be split 90% FFA Grant and 10% City of Denton funds Respectfully submitted Acting City Manager Prepared by Name Denise Harpool~ Title Senior Buyer Approved Name Tom D Shaw, CPM Title Purchasing Agent 712 AGENDA A C E N T U R Y O F S E R V I C E II~RBE~B-NIC4'iOL~ 1996 Mr. Tom Shaw ~ Ase~t City of Denton 901 B,Texas Street De~on, Texas 7~1 ~ M~ci~ ~ D~3~6 D~r Yr. The bids x~/ved on ~/muary ~0, 1996, for the Runway 35 Approach Cleating at De~ton Mumcipal Atrpo~ have bee~ ~M~ved. It is recommended that the contract be awaxded to Not~hm'n Tree Ser~ce, m thc amount of the low bid of $30,800.00. If you have any questions, please call me at (817) 735-7360 Yom tnd.y, Gerard Muslck, P.B. Senior Av~flon ~ngtn~r xc: ~oz Thompson F~eeae n~d Nichols, Inc Englneem Environmental Solentlsts Architects 4055 International Plaza ~ulte 200 Fort Worth, Texas 76109-4895 617-736-7300 Metro 817.429-1900 Fax 817-7~5-7491 NOJ_N_qC~ _wO J,_LIC) CONTRACT AGREEMENT STATE OF TEXAS ~ COUNTY OF DENTON S THIS AGREEMENT, made and entered Into this 5 day of ~a~c~ A.D., 19 96 , by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through RICK SV~.~ thereunto duly authorized so to do, hereinafter termed "OWNER, # and D ItlK~RSON CONSTRUCTION P.O. BOX 181 CELINAt TEX~ 75009 of the City of CELINA , County of COLLIN and State of TEXAS , hereinafter termed "CONTRACTOR." WITNESSETM: 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 thc bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: in the amount of $1.056.897.50 and all extra work In connection therewith, under the terms as stateA 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 speclf~ed above, in accordance w~th the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for B~ds), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and accordance with the plans, which includes all maps, plats, CA - 1 blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ~T']~,~ ~ nRm'~N EN~INRR~?~G STAFF all of which are 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 slck 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 eseabllshed for the start of work as set forth in written notice to com~ence work and complete all work within the tlm~ stated in the Proposal, subject to such extensions of time as are provided by the General and Special Cond~tlons. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown In the Proposal, which forms a part of th~s contract, such payments to be subject to the General and Speclal Conditions of the Contract. CA - 2 IN W~TNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ~ ATTEST: _~ DIC~RSON CONSTRUCTION CONTRACTOR MAILING ADDRESS PHONE NUMBER z~4 ~z TITLE PRINTED NAME APPROVED AS TO FORM: (SEAL) Clty ~Attorney AAA0184D Rev. 07/28/94 CA - 3 IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES; COVERAGES, RIGHTS OR COMPLAINTS AT' 1-800-252-3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: P.O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX # (512) 475-1771 PREMIUM OR CLAIM DISPUTES SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY. THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT. PERFORMANCE BOND STATE OF TEXAS S BOND NO 200521 COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That COMP~NY~ INC , of the City of County of COLnT~ , and State of T~ as PRINCIPAL, and Hartford Casualty Insurance Company , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for prlnclpals, are held and firmly bound unto the 'r.~ CT~V n~ as OWNER, in the penal sum of ONE ~.T.~n. FIFT~ SIX THOUSAND EIGHT HUNDRED NINTY SEVEN and 50/100 Dollars ($ 1,056,897.50 ) for the payment whereof, the said Principal and Surety b~nd themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Prlncipal has entered into a certain written contract with the OWNER, dated the 5 day of ~mmc~ , 1996 , for the construction of BID ~ 1849 - SCl~IPTURESTREET 20"and 8" WATERLINE which contract ls hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that If the said prlnclpal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true Intent and meaning of said Contract and the Plans and Speclflcatlons hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond ls executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on th~s bond shall be determined in accordance with sa~d provisions to the same extent as if they were copied at length herein. PB i PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie In Denton County, State of Texas Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 5th day of March , 19 96 . Dickerson Construction Company, Inc Hartford Casualty Insurance Company Prlnczpal ~ Surety ~~ Title f~), Title Attorney-in-Fact Address: P.o Box 181 Address: P 0 Box 4611 Celtna, Texas 75009 Houston, TX 77210-4611 (214) 382-2123 (713) 540-1555 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Else~ & Associates Surety/Insurance 8820 Will Clayton Parkway, Humble, Texas 77338 NOTE: Date of Bond must not be prior to date of Contract AAA0184D Rev 07/28/94 PB - 2 PAYMENT BOND BOND NO 200521 STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That DIC~RSON C~N.q~P~T~. COMPANY, INC. Of the City of CELINA County of COLLIN , and the State of TEXAS , as principal, and Hartford Casualty Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF DENTON , OWNER, in the penal sum of for the payment whereof, the said Prlnclpal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain wrltten contract with the Owner, dated the 5 day of MA~C. 19,, 96 BID# 1849 - SCRIPTURE STREET 20" AND 8" WATRRL!~E to whlch contract is hereby referred to and made a part hereof as fully and to the same extent as If copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and mater~al to him or a subcontractor In the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copSed at length herein. PB - 3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the con~ract, or to the work performed thereunder, or the 91aris, specifications, or drawings accomganylng the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this 5th day of March 19 96 Dicksrson Construction Company, Inc Hartford Casualty Insurance Company Principal /~ Surety Title ~.. Title, A orney- n- ac Address: P 0 Box 181 Address: P O. Box 4611 Celina, Texas 75009 Houston, TX 77210-4611 (214) 382-2123 (713) 540-1555 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Elsey & Associates Surety/Insurance 8820 Will Clayton Parkway, Humble, Texas 77338 AAA0184D Rev 07/28/94 PB - 4 MAI2qTENANCE BOND BOND NO 200521 THE STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That DI~'K.:"-qON CONSTRUCTION. Company, Thc as Principal, and Hartford Casualty Insurance Company a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the city of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of ONE ~m~RED FIVE THOUSAND SIX HUNDRED EIGHTY NINE AND 75/100 ......... Dollars ($~), ten (10%) percent of the total amount of the contract for the payment of which sum said principal and surety do hereby hind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Dlc:KRR.qON CONSTRUCTION has this day entered into a written contract with the said City of Denton to build and construct mtn ~ ~R4c~-.~.~-p~m~ ~'~'~ To" AND 8" WATF~T.TNE which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly Incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and; WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fall to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and thls bond. NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said Dtckerson Construction Company, Inc as Contractor and Principal, has caused these presents to be executed by and the said Hartford Casualty Insurance Company as surety, has caused these presents to be executed by its Attorney-in-Fact Regina M. Carter and the said Attorney-in-Fact has hereunto set his hand this 5th day of March , 19 96 SURETY: PRINCIPAL: Dickerson Construction Company, Inc Hartfor~Casualty, Insurance Company Regina M Carter Attorney-in-Fact AAA0184D Rev 07/28/94 MB - 2 HARTFORD CASUALTY INSURANCE COMPANY EXECUTIVE OFFICE Hartford, Connecticut POWER OF A'FrORNEY Know all men by these Preeent~, That the HARTFORD CASUALTY INSURANCE COMPANY a corporation duly organized under the laws of the State of Indiana and having tis Executive Office in the Cb of Hartford County of Hartford State of Connectlout, does hereby make, constitute and appoint BRUC~ C De. HART, F_~I, VARD £. AffOOR~ R~GINA M CARTER, ROSAL Y1V D HASS£LL · ~ndDAI/1DR. ~.ROPP~LL of HUAffBI,~, T~AS ~ts true and lawful Attorney(s) i~-Fact with full power and authority to each of said Attorney(s) in Fact in thmr separate capacity if mom than one is named above to sign execute end aolmowlodge any and all bonds and under,ekings and other wnfings obhgafory ~n the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust guarantaelng the performance of contracts other than insurance policies guaranteeing the performance of insurance contracts where surety b0nda ere accepted by states and munidpalltiea, end executing or guaranteeing bonds and under,ekings required or permitted in all achous er proceedings or by law allowed and to bind THE HARTFORD CASUALTY INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and unde~akinga and other writings obligatory in the nature thereof were signed by an Executive Officer of tho HARTFORD CASUALTY INSURANCE COMPANY and sealed and altested by one other of such Officers and hereby rat~s and confirms stl that its said Attorney(a) ~n Fact may do in pumuance hereof This power of attorney ia granted under and by authority of the following Resoluhone adopted by the Board of Directors of the HARTFORD CASUALTY INSURANCE COMPANY at O meeting duly called and held on the 1 §th day of June 1988 RESOLVED that the Pre~ident or any Vice-president achng w~h any Sacmtaly or Assistant Secreta;y cheil have power and euthori~ to appoint for purposes oMy of executing end attesting bonds and undedaldngs and other writings obligatory In the nature thereof o~e or mom Resident VIce. Pm$ldeM~ Re~ltisnt A~si~ant 8ecretsrle~ and Attomby~-In far~ and st any time to remove any such Resident Vl~e-Presibent, Reslbent Assistant SecretarT, er Atthmey in Fa~t, and revoke the power and authortiy given to him Attomeys-th-Fact shell have power and authority subject to the tarm~ and limitations of the power of attorney issued to them to execata and deliver on,behalf of the Company and to attach the seal of the Company thereto any and atl t~ncls and undeheklnga and other writings obligatory in the nature thereof and any such Instrument exee, utad by any such Altomey in Fact shall he as blndlrtg upon the Company as if cigned by an Executive Officer President, end Its corporate east to be hereto affixed, duly attested by its Secretary th~a I st day of May 1995 Attaat: HARTFORD CASUALTY IHSURANCE COMPANY ~TATE OF CONNEOTIOUT COUNTY OF HARTFORD I ~* L Marebel V~of On this I at day of May, A D 1995 before me personally cema Paul L Marede~la to me known who being by me duly sworn did depose and say that he resides In the County of Hartford State of Connecfi~ut that he ia the Vice-PreaMent of the HARTFORD CASUALTY COUNTY OF HARTFORD CERTIROATE CERTIFY that the foregoing and attached POWER OF ATTORNEY remoice in full force and has not been revoked, and f~rthermore that the Rexolutlone of the Board of Directors, set forth in the Power of Attorney, are now in force Signed and seeled at the City of Hartford Dathd the CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS B~dder's attention is directed to the ~nsurance requirements below it is highly recommended that bidders confer w~th their respective insurance carriers or brokers to determine ,n advance of B~d submission the availability of insurance certificates and endorsements as prescribed and prowded herein. If an apparent Iow bidder fails to comply strictly with the insurance requirements, that b~dder may be disqualified from award of the contract Upon b~d award, all ~nsurance requ,rements shall become contractual obi,garcons wh,ch the successful b~dder shall have a duty to maintain throughout the course of th,s contract STANDARD PROVISIONS: W~thout I,mmng any of the other obligations or hab,l~t~es of the Contractor, the Contractor shall prowde and maintain until the contracted work has been completed and accepted by the C~ty of Denton, Owner, the m~mmum insurance coverage as md~cated hereinafter As soon as practicable after notzflcat~on of b~d award, Contractor shall file w~th the Purchasing Department satisfactory certificates of ~nsurance, containing the b~d number and t~tle of the project Contractor may, upon written request to the Purchasing Department, ask for clanflcatton of any insurance requirements at any t~me, however, Contractors are strongly adwsed to make such requests prior to b,d opening, since the ~nsurance requirements may not be modified or waived after bzd opening unless a written exception has been submitted w~th the b~d Contractor shall not commence any work or deliver any mater~al unt,I he or she receives notification that the contract has been accepted, approved, and s~gned by the C~ty of Denton All insurance pohc~es proposed or obtained m satmfact~on of these requirements shall comply w~th the following general specifications, and shall be maintained ~n comphance w~th these general specifications throughout the duration of the Contract, or longer, ~f so noted · Each pohcy shall be ~ssued by a company authorized to do business m the State of Texas w~th an A M Best Company rating of at least. A · Any deductibles or self-insured retentions shall be declared ~n the b~d proposal if requested by the C~ty, the ~nsurer shall reduce or ehmmate such deductibles or self-insured retentions w~th respect to the C~ty, ~ts AJ~A00350 Insurance Requirements Page 2 offm~als, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related tnvesttgattons, claim admlntstrat~on and defense expenses · L~ab~hW pohc~es shall be endorsed to prowde the followtng' · · Name as additional ,nsured the C~ty of Denton, tts Offm~als, Agents, Employees and volunteers · · That such ~nsurance ts prtmary to any other tnsurance avatlable to the addtt~onal tnsured wtth respect to claims covered under the pohcy and that th~s tnsurance apphes separately to each ,nsured against whom claim is made or su~t is brought The tncluslon of more than one tnsured shall not operate to ~ncrease the ~nsurer's I,mtt of habthty · All pohc~es shall be endorsed to provtde th~rW(30) days prior wr,tten notme of cancellation, non-renewal or reduction tn coverage · Should any of the required tnsurance be prowded under a clatms-made form, Contractor shall ma~ntatn such coverage continuously throughout the term of thts contract and, wtthout lapse, for a pertod of three years beyond the contract expiration, such that occurrences ar,s~ng during the contract term whtch g~ve r~se to clatms made after expiration of the contract shall be covered · Should any of the required insurance be provtded under a form of coverage that includes a general annual aggregate hmtt provtd~ng for claims investtgat~on or legal defense costs to be tncluded in the general annual aggregate hmtt, the contractor shall e~ther double the occurrence I~m~ts or obtatn Owners and Contractors Protect,ve L~abthW Insurance · Should any required insurance lapse during the contract term, requests for payments or~gmat~ng after such lapse shall not be processed unttl the C~ty receives satisfactory ewdence of reinstated coverage as required by th~s contract, effective as of the lapse date If msurance ~s not remstated, C~ty may, at ~ts sole option, terminate thts agreement effect,v· on the date of the lapse AAAOO3SO Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance pohc~es proposed or obtained ~n satisfaction of th~s Contract shall additionally comply w~th the following marked specifications, and shall be maintained in compliance w~th these additional spec,flcat~ons throughout the duration of the Contract, or longer, ~f so noted. [X] A. General L~ab,l,ty Insurance: General L~abd~ty ~nsurance w~th combined s~ngle hm~ts of not less than 1.000.000 shall be prowded and ma~nta,ned by the contractor The pohcy shall be wntten on an occurrence bas~s e~ther m a single pohcy or ~n a combination of underlwng and umbrella or excess pohc~es If the Commercial General L~abd~ty form (ISO Form CG 0001 current ed,t~on) ~s used · Coverage A shall include premmes, operations, products, and completed operattons, ~ndependent contractors, contractual hab~hty covenng th~s contract and broad form property damage coverage · Coverage B shall ,nclude personal ~nlury · Coverage C, medical payments, ~s not required. If the Comprehensive General L~abd~ty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) ~s used, ~t shall include at least · Boddy ~njury and Property Damage L~ab~l~ty for premises, operatmns, products and completed operatmns, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures · Broad form contractual hab~hty (preferably by endorsement) covering th~s contract, personal ~njury habd~ty and broad form property damage hab~hty AAA00350 CI - 3 REVISED 10/12/94 Insurance Requirements Page 4 IX] Automobile Liabd~ty Insurance: Contractor shall provide Commercial Automobile Llab~hty insurance w~th Combined Single L~m~ts (CSL) of not less than ~ either in a s~ngle policy or in a combination of basic and umbrella or excess pohcms, The pohcy will include bodily ~njury and property damage hablhty arising out of the operation, maintenance and use of all automobiles and mobile equipment used m conjunction with this contract Satisfaction of the above requirement shall be in the form of a pohcy endorsement for · any auto, or · all owned, hired and non-owned autos [X] Workers Compensat,on Insurance Contractor shall purchase and maintain Worker's Compensation ~nsurance which, in addition to meeting the minimum statutory requirements for ~ssuance of such insurance, has Employer's Llab~hty hmlts of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy hmlt 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 prows,ons of Attachment I ,n accordance with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commlssmn (TWCC) [ ] Owner's and Contractor's Protective Lmb,llty 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 C~ty as insured for property damage and bodily injury which may arise ;n the prosecution of the work or contractor's operat;ons under th~s contract Coverage shall be on an AAA00350 CI - 4 REVISED 10112194 Insurance Requirements Page § "occurrence" bas~s, and the pohc¥ shall be issued by the same ~nsurance company that carries the contractor's Ilab~hty insurance Policy limits will be at least combined bodily ~njur¥ and property damage per occurrence with a aggregate. [ ] F,re Damage Legal Liability Insurance Coverage is required if Broad form General Llab~hW is not provided or ~s unavailable to the contractor or if a contractor leases or rents a port~on of a C~t¥ building L~m~ts of not less than each occurrence are required [ ] Professmnal Liability Insurance Professional hab~hty insurance with hm~ts not less than per clmm with respect to neghgent acts, errors or omissions in connection with professional services is required under this Agreement [ ] Builders' Risk Insurance Builders' Risk Insurance, on an Ali-Risk form for 100% of the completed value shall be prov,ded Such policy shall include as "Named Insured" the C;W of Denton and all subcontractors as their interests may appear [ ] Additmnal Insurance Other insurance may be required on an individual bas~s for extra hazardous contracts and specific serwce agreements If such additional insurance ~s required for a specific contract, that requirement will be described m the 'Specific Conditions" of the contract specifications REVISED 10112/94 CI - 5 Insurance Requirements Page 6 ATTACHMENT I IX] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entitses A. Def,mt~ons Certificate of coverage ("certlflcate")-A copy of a certificate of ~nsurance, a certificate of authority to self-~nsure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation ~nsurance coverage for the person's or entK¥'s employees prowdlng services on a project, for the duration of the project Duration of the project - includes the time from the begmmng 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 prowd~ng services on the project ("subcontractor" in §406 096) - includes all persons or entitles performing all or part of the serwces the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project "Services" include, w~thout limitation, prowdmg, hauhng, or dehvenng equipment or materials, or prowdmg labor, transportation, or other service related to a project "Services" does not ~nclude activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and dehvery of portable to.lets B The contractor shall provide coverage, based on proper reporting of class~f,cat~on codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011 (44) for all employees of the contractor prowdmg services on the project, for the duration of the project CI - 6 REVISED 10112194 Insurance Requirements Page 7 C The Contractor must prowde a certificate of coverage to the governmental entity prior to being awarded the contract D If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage per~od, file a new certificate of coverage with the governmental entity show~ng that coverage has been extended E The contractor shall obtain from each person prowdmg serwces on a project, and provide to the governmental entity (1) a certificate of coverage, pnor to that person begmmng work on the project, so the governmental entiW w~ll 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 per~od shown on the current certificate of coverage ends during the duration of the prolect F The contractor shall retain all required cert~f.cates of coverage for the duration of the project and for one year thereafter G The contractor shall not~fy the governmental entity in writing by certified ma~l or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the prowsion of coverage of any person providing services on the prolect. H The contractor shall post on each project site a notice, in the text, form and manner prescnbed by the Texas Workers' Compensation Commission, informing all persons providing serwces on the prolect that they are required to be covered, and stating how a person may verify coverage and report lack of coverage AAAOO3~O .EV~SEO ~0/~2/~4 CI - 7 Insurance Requirements Page 8 I. The contractor shall contractually require each person w~th whom It contracts to prowde serwces on a prolect, to' (1) prowde coverage, based on proper reporting of classification codes and payroll amounts and fihng of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011 (44) for all of ~ts employees providing serwces on the prolect, for the duration of the project, (2) prowde to the contractor, prior to that person beginning work on the project, a certificate of coverage show~ng that coverage ~s being provided for all employees of the person prowd~ng services on the prolect, 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 period shown on the current certificate of coverage ends dunng the duration of the prolect, (4) obtain from each other person wtth whom ~t contracts, and prowde to the contractor: (a) a certtflcate of coverage, prior to the other person beg~nmng work on the prolect, and a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, ~f the coverage period shown on the current certificate of coverage ends during the duration of the project, (5) retain all required cerbficates of coverage on file for the duration of the project and for one year thereafter, (6) not~fy the governmental entity ~n writing by certified mad or personal dehvery, w~thm 10 days after the person knew or should have known, of any change that mater~ally affects the provts~on of coverage of any person prowd~ng serwces on the prolect, and REVISED 10112/94 CI - 8 Insurance Requirements Page 9 (7) contractually require each person w~th whom it contracts, to perform as required by paragraphs (1) - (7), w~th the certificates of coverage to be prowded to the person for whom they are prowd~ng serwces J By s~gmng th~s contract or prowd~ng or causing to be provided a certificate of coverage, the contractor ~s representing to the governmental entity that all employees of the contractor who will prowde serwces on the project w~ll be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper repotting of classification codes and payroll amounts, and that all coverage agreements w~ll be filed with the appropriate insurance carrier or, in the case of a self-~nsured, with the commission's D~wslon of Self-Insurance Regulation Prowd[ng false or m~slead~ng ~nformat~on may subject the contractor to administrative penalttes, criminal penalties, c~wl penalties, or other c~wl actions K The contractor's failure to comply w~th ,any of these prowsions ~s a breach of contract by the contractor which eht~tles the governmental entity to declare the contract void ~f the contractor does not remedy the breach w~th~n ten days after receipt of not~ce of b'reach from the governmental entity AA.a~00350 REVlSEO 10112/g4 C[ - 9 BID SUMMARY TOTAL BID PRICE IN WORDS In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished ~n the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices as shown for each Item listed in th~s proposal, shall control over extensions. CONTRACTOR P o~ox /~/ Street Address City and State Seal & Authorization (If a Corporation) Telephone B - 1 WORKDAYS ~00 BID NO 18~q ~criDture Street 20" and 8" Waterlines BID TABULATION SHEET ITEM DESCRIPTIOR QUANTITY UNIT UNIT PRICE 2.12-A Waterline 23 LF $ ~ g ~/LF $~/~o Unit Price in Words~ 2.12-8 6" W&terline 945 $2 ~ 2~-~ /LF Unit Price in Worda~ 2.12-C 8" Waterline 4,986 $ 53~ /LF Unit Price in Wordsz 2.12-D 12" waterline 97 $ /LF $ Unit Price in Words~ 2.12-E 20" Waterline 8,337 LF $ ~ ~ /LF Unit Price In Words 2 16-A Water Service 61 EA $ /EA Unit Price in Words~ 2.16-8 1~" water Service 1 /EA Ioo~ ~ ~ Unit Price in Words~ 2.13.1-A 2# Air Release Valve 3 /EA $ Unit Price in words 2.13.1-B 4" Gate Valve 1 EA $ /EA $ Unit Price in Words~ 2.13.1-C 6" Gate Valve 12 $ /EA Unit Price in Words- 2.13 1-D Gate Valve 17 EA $ ~SO ~/EA Unit Price £n Words~ P - 3 WORK DAYS BID NO. ~ Scripture Street 20" and 8" waterlines BID TABULATION SHEET ITEM DESCRIPTION ~UAN~Z~L~ UNiT UNIT PR~C~ TOTAL 2 13.1-E 12" Gate Valve 4 $ /EA Unit Price in Words~ 2.13 1-F 20" Gate Valve 1 $~S~o- /EA Unit Price in Words: SP-43 Remove Valve Stack 27 EA $ /EA Unit Price in Words~ SP-42 Remove Fire Hydrant 8 EA /EA Unit Price in Words: 3-S Remove Curb and Gutter 722 /LF $ Unit Price in Words: 3-A Remove Concrete Pavement 11 SY $ /SY Unit Price in Words: 3-C Remove Concrete Drives 38 SY $ /SY $ and Sidewalk 2 $ ~ ~ Unit Price in Words~ 8 2-A Concrete Curb and Gutter 722 $ /LF Unit Price in Words: 8.3 Concrete Driveway 38 SY $ /SY $ Unit Price in Words: _ /sY $ 5 8-A 6" Concrete Pavement 11 SY Unit Price in Words~ /LF I $ SP-2 Saw Cut Existing Concrete 58 $ I~~ Unit Price in Words~ P 4 WORKDAYS 100 BID NO. 1849 $c~Dture Street 20" and 8" Waterlines BID TABULATION SHEET x~M DES~UTDTION QUANTITY UNIT UNXT PRICE SP-40 Cut and Plug Existing 16 EA $ /EA Waterline Unit Price in Words: 7.6 4' Manhole 3 $ /EA Unit Price in Words: SP-4 Lower Waterlines 2 EA /EA Unit Price in Words. /LF SP-37 Excavation Protection 11,008 LF Unit Price an Words. SP-41 Asphalt Saw Cut 11,850 Unit Price in Words- 14 Fire Hydrant 10 EA $ /EA Unit Price in Words: 3.9 Sod 133 SY $ /SY Unit Price in Words- 16-C Private Servace Line 1,047 $ /LF Unit Price in Words SP-10 Rock Excavation 100 CY $ 20 Unit Price an Words. 8 1 I Barricades, Warning Signs -- LS $ /LS and Detours Unit Price in Words: 1.21 Contractors Warranties -- LS $ /LS and Understanding Unit Price in Words= p 5 WORK DAYS 100 BID NO. 1849 Scrap%ute Street 20" and 8" Waterlines BID TABULATION SHEET ITEM DESCRIPTION QUAN~'~Z' UNIT PRICE ~OTAL 3.1 preparation of -- $ /LS $ Right-of-Way Unit Price £n Words~ 2.12.8 Iron Fittings 1,700 LB $ Unit Price in Words~ SP-39 Project Signs 2 EA $ /EA $ 200 Unit Price in Words~ SP-44 Sp~£nkler System -- $ /LS $ Adjustment S~:~ Unit Price £n Words~ P - 6 --- ~ .... Certificate of Insurance ~.Tl~..l$-ls to Certify that DICKERSON CONSTRUCTION COMPANY, INC DICKERSON EQUIPMENT COMPANY Name and Li B£R p/ CEUNA READY MI~ INC ~ NORTH LOU,S,~A CE~NA ~ 7~ mmv, *x~l,~on~ ~d ~n~ ~ m not ~ b~ ~ ~f~n~ CO~OE AFFORDED UNDER WC EMPLOYERS UABlU~ WORKERS 3/5/97 WC7-191~09705-0~ ~w OF THE FO~ING ~A~S ~1~ Inluw ~ ~ldent COMP E N SATION TE~S $100,000 Each ~[y InJu~ ~ D~ $500,000 Policy ~ly Inju~ By D~ $100,000 Esch Ge~ A~,~ - O~r ~ P~p~ O~m~ns GENERAL 2/20/97 YY1-191-409705~17 $2,000,000 LI A B I LITY P~m~e~ O~ A~te ~ OCCURRENCE $2,000,000 ~ C~IMS MADE ~Iv Iniuw ~d Pm~ D~e~ ~hN Per $1,000,000 ~cuffence ~e~nal ~ ~e~ang Inju~ RET~ DA~ $1 000 000 Organization ~er O~er AUTOMOBILE 9/1/96 AS2-191-409705-035 $1,000,000 Bi andPD ~mbn~ LIABILITY ~ OWNED Each Pe~ Each ~nt or ~n~ ~ NO , OWNED ~ HIRLD Ea~ ~nt or ~u~n~ OTHER 9/1/96 MS2-191-409705-065 HIRED EQUPMENT EN~RSEMENT PER PIECE $300,000 CONTRACTORS EQUIPMENT RE BID ~ 18~- SCRIPTURE ST 20 & 8 WATERLINE THE CI~ OF DENTON, ITS OFFICIOS, AGENTS, EMPLOYEES & VOLUNTEERS ARE LISTED AS ADDITIONAL INSUREDS AS RESPECTS TO GENE~ LI~ILITY & AUTO LIABILI~ THIS INSURANCE IS PRIMARY & NON ~RUBUTORY TO ANY OTHER INSURANCE AVAI~BLE TO THE ~DITION~ INSRUED, SU~ECT TO THE TERMS & ~NDITIONS OF THE POLICIES NOTICE OF CANOELL'TION (NQT APPMOA"LE UNLESS A NUMBER OF UNDER ~E ~OVE ~LICIES UN~L AT L~ST 30 DAYS CI~ OF DENT~ CHERI LYNN KEEHN ~TE A~HO~IZED REPRESENTATIVE ~L~R IRVING -NC (214) 550 7899 3/14/96 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 5 day of MARCH A.D., 19 96 .., by and between CITY OE DENTON of the County of DENTON and State of Texas, acting through RICK SVEHLA tkereu~to duly authorized so to do, hereinafter termed "OWNER," and parco consr, ruc~lonv inc. REAVES ENTERPRISES 2804 N ELM DENTON, TEXAS 76201 of the City of DENTON , County of DENTON and State of TEXAS , hereinafter termed "CONTRACTOR" WITNESSETH. That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed In the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1857 - UNDERGROUND ELECTRIC CONSTRUCTION in the amount of "SEE EXHIBIT A A1TACHED" 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, super~ntendenoe, labor, ~nsurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Speclal Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and In accordance with the plans, which includes all maps, plats, CA - 1 blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ~¥q'v eP DRNTON ELECTRIC EN~TNRR~ING DEPARTMENT all of which are 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, lnvltees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor wlll, at Its cost and expense, defend and protect the City of Denton against any and all such clalms 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 not~ce 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. CITY OF~ ~. (sm ) ATTEST .' REAVES ENTERPRISE CONTRACTOR MAILING ADDRESS PHONE NUMBER FAX NUMBER TITLE PRINTED NAME APPROVED AS TO FORM: (SEAL) C~{y Attorney ~ AAA0184D Rev. 07/28/94 CA - 3 ~ID# loot EXHIBIT A BID NAME UNDERGROUND ELECTRIC REAVES CONSTRUCTION ENTERPRISES OPEN DATE JANUARY 23, 1995 PAGE 1 OF 2 .... DESCRIPTION - VENDOR DIRI WORK TREN( Il UNIT 6"X30" __. __-- $1 20 - -- TRENCIt UNIT 6"X42" $1 28 ROCI~ ADDER ___ $3 00 BORE, I" SDR 13 q DUCT, DIRT $12 00 BORE~ 2"SDR 13 S DUCT, I~IRT~__. ~-i2 00 BORE, 2 5"SDR 13 5 DUCT, p!_R_T_ __ $12 OD - HANDDIGGING _ --- ~21 0~ MECHANICAL DITCH TAMPING __ $1 00 BACKItOE LABORER $15 00 ( ONDUIT ..... -- CONDUIT I PV( SCH40 $0 45_4- - -- CONDUIT 2" PVC SCH 40 $0 q0 I --~ONDUIT 2 5" PVC SCH 40 _ CONDUIT 4" PVC SCH_ 4~ ___ _ $0 60 [" PVC__C_ONDUIT 90 DEC SWEEP $5 00 P'PVCCONDUIT 90 DEC STEER $5 00 --- 2 5"PVC CONDUIT 90 DEC SWEEP 4" PVC CONDUIT 90 DEC SWEEP ...... $6 00~ 2"PVC CONDUIT 4q DFG SWEEP $5 00 10 I ~. 5"PVC CONI)UIT 4q I)FG SWEEP $5 00j _11 ~ 4"PVC CONDUIT 45 DEC SWEEP~ ...... $6 00 12 ' 4"PVC CON D U IT 22 q DEC SWEEP $6 0~ ]- CABLE I~ ~ CABLE, Cu UF SOL 12 2 W/G $0301 2~, CABLE 2/0 2/0 #1 SFC,600 VOLT~_- .... 60, ,1 CABLE 4/0 4/0 2/0 SLC, 600 VOLT ~_ $0 -CYB£E, CON ,sk - 1- - ~---TERMINATIONS ---- 4 E'~BOW,LOADBRFAK #2-220M~--/ $40 00[.[ PEDESI Al SF ( / W/STAKE ~_ $5000i 2 TRANSbORMI It. PAl) 48"X48" I IIH R(I*,I FI- $12q00 3 INSTALLTRANM ORM[ R ON PAD $12q 00 4 INSTALl 3~' Fllll R(,LA$% POLE & S1 RI I I I I(,lt F $1q0 00, BID # 1857 UNDERGROUND ELECTRIC CONSIRUCTION " EXHIBIT A" CITY of DENTON, TEXAS PURCHASING DIVISION / 901 B TEXAS STREET / DENTON, TEXAS 76201 The Mazntenance Bond requirement for thzs project shall be $25,000.00. Or a $25,000.00 irrevocable letter of credit made payable to the City of Denton effective for (1) one year after completion of th~s project. This will be used in lieu of a Maintenance Bond. .817/3837100 DFW METR0 817 267 0042 FAX8173824692 III CONFER8 NO RIGHTS UPON THE OER~ROATB HOLDER ~1~ Hanafi~ ~ates a A~;o=., Inc. DoEs NOT AMEND, EXTEND OR ALTER THE OOVERAGE AFFORDED BY THE 8144 W~lnu~ Hill Lane, LBS~ ~oucms BELOW, Dallas, TX 75231 OO~PANI~S AFFOHDING OOVEHAGE (21~) 3~1-3240 ~; A Steadfast I~sura~e Company Barco Construction Co~an~,Inc co~,~YC DBA Reaves Enterprises 2804 N. Elm Denton,Texa~ 76201 ~F,.. O THIS IS TO OER~Y THAT TH~ POUOIE8 ~ IN~U~NOE LI~ BELOW HAV~ BEEN 18~U~D TO ~E INSURED NAMED ABOVE POR THE POUOY PERIOD INDIOATED, NO~ITHB~ANOIN~ ANY REOUI~ENT, TERM O8 CONO~ON OF ANY CONT~OT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ~CLUSlON8 AND CONDITIONS OF ~UOH POUCIES LIMITS SHOWN MAY ~VE aEEN REDUCED ~ PAID C~IMS C~mMs~AOE X =oocus 05/01/95 04/01/96 ,~,so,~vl,~u,v ~ 1,000,000 , mIME O~q~ (~ ~n. n~e) S 50,000 CERTIFICATE HOLDER I8 NAMED AS ADDITIONAL INSURED. SHOULD ANY 0~ 'DiE ASOVE DESCRIBED PO~JOIES SE OANCELLED SE;ORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANy WILL ENDEAVOR TO MAIL ~0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER N~ED TO CITY OF DENTON '"~, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 901 E T~XAB STREET UABILITY OF ANY KIND UPON THE COMPANY ITS A~ENTS OR ~IERRESENTATIVE$ T~.XAS 76201 22 1996 3/21/1996 CONFER~ NO RIGH~ UPON ~g CE~PICATE HOLDER THI~ CER~FI~TE Hanafln Ba~eB ~ A;;oc., Ina. oo;~ NOT AMEND, EXTEND OR ALT6R THE COVERAGE AFFORDED BY THE 8144 Walnu~ Hill Lane, LB54 PO~IO;ES BELOW Dalla;, TXI 75231 COMPANIES AFFOfiDING COVERAGE (214) 361-32%0 ~,,~A REL~CE NATIONAL INS~C~ CO ~RCO CONgT~CTION CO., INC D~A REAVES ENTERPRISES ~S. CONST. CO., INC. 14160 DALLAS 9700 DALLAS, ~lS ~ TO CERTI~ THAT ~E POLICI~ OF INSURANCE ~STED BELOW HAVE B~N ISSUED TO ~ I~SU~O NAMED ABOVE FO~ ~E POUCY PERIOD INDICATED, NO~ITHSTANDINa ANY REQUIREMENt, ~M OE CONOI~ON OF ANY CON.CT OR O~ER DOCUMENT w~ R~PECT TO WHICH THIS O~TJFIOATE MAY 8EII~SUEO OR MAY P~AIN, THE I~U~NOE AFFOrDeD BY ThE POLICIES D~SORIBED HEREIN 18 SU~ECT TO ALL THE T~MS ~OLUSlON~ AND CONDI~ON$ O~ SUCH ~LICI~ MMIT$ ~HOWN MAY HAVE BEEN REDUCED ~Y RAID C~IMS ~.o ~0~ 09/01/95 09/01/96 ~.~c~oo~ ~ 1,000', 000 SHOU~ ANY OF ?HE ALCOVE DESCRIBED POLICIES BE CANCEU. ED BEFORE THE EXPIRATION DATE THEREOF THE IESUIN([I COMPANy WiLt ~D~VOfl TO MAIL ~0 DAyS WRI~EN NO~CE TO THE CERTIFICATE HO~OEfl NAMED TO ~E O~ D~O~ ~, aUT FNtU~E TO ~AIL ~UCH NO~CE SHAt[ IMPOSE NO OaUGA~ON OR DE~ON. TE~S 76201 817-387-7496 HHF-zs-i~96 15 27 BOLE', ~EAT~EF~TOH INS aeOaucsa THIS C~RT~Fi~ATE IS ISSUED AS A MATTER OF'INFORMATION ~, O. D~awe: Z0 ALTER THE COVERAGE AFFORDED BY ~HE POLICIES BELOW ~=~tta ~aiZe ~ 7630~ ~ COMPANIE9 AFFORDING COVERAGE ~0LEY F~ATK~RSTON ZNS~ A TRZNZT~ ~IVER~ ZNgU~CE 2804 N E~ ~ ~ON TX 76201 I D  ANy AUT0 T~6772410 05/01/95 I 05/01/96 ANY AUTO T~E CITY 0F DE~ON ~S AL~O SHO~ AS ~DITIONA~ IN~U~ED CERTIFICATE HOLDER ' CANCELLATION CITY OF DENTON BUTFAILURETOMAILSUCHNOTICESHALLIMPOSENOOBLIGATIONORLIABILITY 901 B TEXAS ~TREET D~ON TX ?~20'~ OF ANY KINO UPON THE COMPANY [TS ENT%O EPREEENTATIVE~ ACORD 2{~ 8 131931 , , , ©A~ORD ~ORPORATION 19~:~ TOTAL P 01 HAR-2~-I~96 16 ~2 BOLEY FEwTHERETOH H~S 817 ]22 ~.~9 P 0i OZ VEHICLE SECTION PROPO~EO EFF D~T[ hRO~O~D ~P DATE BILLING P~N PAYMENT P~AN p O. Drawer 10 ~OLE~ FEATHE~STON IN~CE 817-723-7111 V~H fCLI DESCRIPTION 001 199~ FORD 350 1 TON T~UCK 2FDKF3?K?RC101731 DENTON TX 027 CO~L 01499 2 22000 LO~ 002 1990 FO~ F2~0 TRUCK ZFT~X2~3LKB~4670 Cl~ STATE ZiP WH~R~ GARAeEO T~RR USE GVW/GCW C~S5 SiC FACTOR SYM/AGE COST N~ RADIUS FARTHEST DE~0N TX 027 co~ ~ 01499 4 15000 LOCA , Y~R MAKE MODEL BODY ~PE S~T CAP VIN/&gRIAL HUMBgR 003 1988 FORD F450 TRUCK 2FDL~47~GIJCB12611 D~ON TX 02? COMML 01499 4 1~000 004 1988 FO~D F2~0 3/4T TRUCK 1FT~25M?~05678 D~ON TX 027 COMML 01499 4 15000 LOCA 005 1977 FORD F2~0 i 1/2T TRK DE~0N TX 027 coM~ 01499 4 LO~ 006 1987 CH~OLET 3/4T PICKUP l~C~424K4HF388452 DE~ON TX 027 COMML 01499 007 1987 CH~OLET ~/4T PICKUP l~CG424K2HJ13~179 01499 LO~ DE~ON TX 02? co~M~ MAR-25-199~ 1G 53 BOLEY ~EATHERSTON INS 008 1984 CHE~O~ET ~ 1/2T TRUCK 1G~GT~l~gEV~l~91 D=~ON TX 027 COM~L 11~99 LOCA ~ Y~R M~KE MODEb BODY TYP~ ~T CAP VIN~SERIAL NUMBER 009 1982 FORD~ 3~0 1TON TRI~K 1FDJF37GXCPA~?602 D~NTON TX 027 COM~ 01499 LO~ 010 1985 ~O~D F350 ~ TON TRU~K AFDJ37L3FKB16029 DE~ON TX 027 COMM g 01499 LOCA 011 198~ GMC ~/4 TON PICKU~ 01499 LOCA DE~ON TX 027 012 198~ CH~O~T S10 T~UCK IDE~ON TX 0~7 co~uL 01499 LO~ 1986 ~C 2 TON TRUCK 1GDL?DIF6GVS36480 DE~0N TX 02? COMML 01499 014 198~ FO~D F~50 I TON TRUCK 1FDJF3716E~B42088 01499 LO~ D~0N TX 027 015 1986 ~C 1/2T PICKU~ DENTON TX 027 COMML 0~499 LOCA _ ~C0RD 129 S (?/88), ATTACH TO flU~;tNES8 AUTO SECTION MAP-25-i996 16 5~ BOLEY FEATHERSTON INS 817 J22 9549 P 0~/_~.3_ _ 016 1982 CHEVROLET 1 TON PICK~P 1~034M1~110172 D~ON TX 02? ~0~ L 01499 LO~ 017 1988 FO~D I 1/2T T~UCK 2FDLF4~62J~915B5 01~99 LOCA OE~ON TX 027 CO~M~ 018 1981 I~N~L 2T T~UCK 1HT~l?~D~HB32195 )ENTON TX 02? ¢O~L 21499 ~ LO~ 019 1989 FORD 3/AT ~CKUP 1PTHX25HOK~24~92 01~99 1. O0 ~ LO~ D~ON TX 0~7 020 1990 FO~D BUCKET TRK 1 1/2T 2FDL~4?~?LCV01~04 OO~'L 01~0 11000 021 1988 FORD 1T F~TBED T~UCK 1FDKF38G?J~96~44 REMARKS A¢O80 129 S {7/~8! AYTACH TO EUSINES$ AUTO CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attent,on ~s d~rected to the insurance requ,rements below It Is highly recommended that bidders confer with their respective insurance carriers or brokers to determine m advance of Bid submission the avadabdlty of insurance certificates and endorsements as prescribed and provided hereto If an apparent Iow bidder falls to comply strictly with the insurance requirements, that bidder may be dlsquahfled from award of the contract Upon bid award, all insurance requirements shall become contractual obhgatlons which the successful b~dder shall have a duty to maintain throughout the course of th~s contract STANDARD PROVISIONS W~thout hm~tmg any of the other obhgat~ons or habd~t~es of the Contractor, the Contractor shall provide and maintain untd the contracted work has been completed and accepted by the C~t¥ of Denton, Owner, the minimum ~nsurance coverage as indicated hereinafter As soon as practmable after not~hcat~on of b~d award, Contractor shall file w~th the Purchasing Department satisfactory cert~hcates of insurance, containing the b~d number and t~tle of the project Contractor may, upon written request to the Purchasing Department, ask for clanhcat~on of any ~nsurance requirements at any t~me, however, Contractors are strongly adwsed to make such requests prior to b~d opemng, s~nce the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted w~th the b~d 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 C~ty of Denton All ~nsurance pohc~es proposed or obtained m satisfaction of these requirements shall comply with the following general specifications, and shall be maintained m comphance w~th these general specd~cat~ons throughout the duration of the Contract, or longer, if so noted · Each pohcy shall be msued by a company authorized to do bus,ness ~n the State of Texas w~th an A M Best Company rating of at least A · Any deductibles or self-~nsured retentions shall be declared m the b~d proposal If requested by the C~ty, the insurer shall reduce or ehm~nate such deductibles or self-~nsured retentions with respect to the C~ty, its A~,A003b0 1 Insurance Requirements Page 2 officials, agents, employees and volunteers, or, the contractor shall procure 8 bond guaranteeing payment of losses and related investigations, claim administration and defense expenses · L~ab~hty pohc~es shall be endorsed to prowde the follow~ng ®e Name as additional insured the C~ty of Denton, ~ts Officials, Agents, Employees and volunteers · · That such ~nsurance ~s primary to any other ~nsuranceavallable to the additional insured w~th respect to claims covered under the pohcy and that th~s insurance apphes separately to each insured against whom claim ~s made or su~t is brought The inclusion of more than one insured shall not operate to ~ncrease the ~nsurer's hmlt of hab~hty · All pohcms shall be endorsed to prowde thirty(30) days prior written not,ce of cancellation, non-renewal or reduction in coverage · Should any of the required ~nsurance be prowded under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of thru contract and, w~thout lapse, for a per~od of three years beyond the contract expiration, such that occurrences arising dunng the contract term whmh g~ve rme to claims 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 hm~t prowdlng for claims investigation or legal defense costs to be included in the general annual aggregate hm[t, the contractor shall e~ther double the occurrence hm~ts 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 ewdence of reinstated coverage as required by th~s contract, effective as of the lapse date If insurance ~s not reinstated, C~ty may, at its sole option, terminate this agreement effective on the date of the lapse AAAO03~O REVISED 10112/94 CI - 2 Insuranoe Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance pohc~es proposed or obtained m satisfaction of this Contract shall additionally comply w~th the following marked spec~hcat~ons, and shall be maintained m compliance w~th these additional specifications throughout the duration of the Contract, or longer, if so noted [X] A. General L~ab~hty Insurance General L~abd~ty insurance w~th combined single hm~ts of not less than , t~l,000,O00 O0 shall be provided and maintained by the contractor The pohcy shall be wntten on an occurrence bas~s e~ther m a s~ngle pohcy or m a combination of underlying and umbrella or excess pohc~es If the Commercial General L~ablhty form (ISO Form CG 0001 current edition) ~s used · Coverage A shall ~nclude premises, operations, products, and completed operations, independent contractors, contractual habd~ty covenng th~s contract and broad form property damage coverage · Coverage B shall include personal ~njury · Coverage C, medmal payments, ~s not required If the Comprehenswe General Llabd~ty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) ~s used, it shall include at least · Boddy injury and Property Damage Lmbd~ty for premises, operations, products and completed operations, independent contractors and property damage resulting from explosmn, collapse or underground (XCU) exposures · Broad form contractual habd~ty (preferably by endorsement) covering th~s contract, personal injury hab~hty and broad form property damage hab~hty AAAO0360 R[V;SEO lO/12/e4 CI - 3 Insurance Requirements Page 4 [X] Automobile Liabd,ty Insurance' Contractor shall prowde Commercml Automobile Llab~hty insurance with Combined S~ngle L~mlts (CSL) of not less than $500,000,00 e~ther in a single policy or in a combination of basic and umbrella or excess pohcms. The pohcy w~ll Include bodily ~njury and property damage hablhty arising out of the operation, maintenance and use of all automobiles and mobile equipment used m conjunction w~th this contract Satmfact~on of the above requirement shall be m the form of a pohcy endorsement for · any auto, or · all owned, hired and non-owned autos [ ] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, In addition to meeting the m~nlmum statutory requirements for issuance of such insurance, has Employer's Llab~hty limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy hm~t for occupational disease The City need not be named as an "Additional Insured" but the insurer shall agree to waive all nghts of subrogation against the City, its ofhcmls, agents, employees and volunteers for any work performed for the C~ty by the Named Insured For building or construction projects, the Contractor shall comply w~th the provmlons of Attachment 1 in accordance w~th §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TVVCC) [ ] Owner's and Contractor's Protective L~ablhty 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 L~ab~hty insurance pohcy naming the C~ty as insured for property damage and bodily injury which may ar~se in the prosecution of the work or contractor's operations under th~s contract Coverage shall be on an AAAOO360 REVISED 10112/64 CI * 4 Insurance Requirements Page 5 "occurrence" basis, and the pohcy shall be issued by the same insurance company that cames the contractor's habdlt¥ insurance Policy hm~ts will be at least combined bodily injury and property damage per occurrence w~th a aggregate [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Llabd~ty ~s not provided or is unavadable to the contractor or ~f a contractor leases or rents a portion of a City budding L~mlts of not less than each occurrence are required [ ] Professional Liability Insurance Professional habd~ty insurance w~th hmits not less than. per claim with respect to negligent acts, errors or omissions in connection with professional serwces is required under th~s Agreement [ ] Builders' Risk Insurance Builders' R~sk Insurance, on an Aii-RIsP. form for 100% of the completed value shall be provided Such pohcy shall ~nclude as "Named Insured" the C~ty of Denton and all subcontractors as their interests may appear [ ] Add,tlonal Insurance Other Insurance may be required on an individual basis for extra hazardous contracts and spec~hc serwce agreements If such additional insurance is required for a specific contract, that requirement will be described ~n the "Specific Condit~ons" of the contract spec~hcat~ons AAA00360 REVm~O ~o/~2/~4 CI - 5 Insurance Requirements Page 6 ATTACHMENT I [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A Deflmtlons Certificate of coverage ("cert~flcate")-A copy of a certificate of insurance, a certificate of authority to self-insure msued by the commms~on, or a coverage agreement (TWCC*81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or ent~t¥'s employees prowdmg serwces 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 untd the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing serwces on the project ("subcontractor" in §406 096) - includes all persons or ent~tms performing all or part of the services 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, without hmltat~on, ,ndependent contractors, subcontractors, leasing compames, motor carriers, owner-operators, employees of any such entity, or employees of an,/ entity which furnishes persons to provide serwces on the project "Serwces" include, without limitation, prowdmg, hauling, or dehvenng equipment or matenals, or prowd~ng labor, transportation, or other service related to a project "Serwces" does not include actw~tms unrelated to the project, such as food/beverage vendors, office supply deliveries, and dehvery of portable toilets B The contractor shall prowde coverage, based on proper reporting of classification codes and payroll amounts and flhng of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011 (44) for all employees of the contractor prowdmg serwces on the project, for the duration of the project AAA00360 R~VmEO lo/~/~4 CI - 6 Insurance Requirements Page 7 C The Contractor must prov~dea certificate of coverage to the governmental entity pnor to being awarded the contract D. If the coverage period shown on the contractor's current certificate of coverage ends dunng the duration of the project, the contractor must, prior to the end of the coverage period, file a new cerhflcate of coverage w~th the governmental entity showing that coverage has been extended E The contractor shall obtain from each person providing serwces on a project, and prowde to the governmental entity (1) a certificate of coverage, prior to that person beg~nmng work on the project, so the governmental entity wdl have on file certificates of coverage showing coverage for all persons prowdmg 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, if the coverage period shown on the current cert~hcate 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 not~fy the governmental entity ~n writing by certified mad or personal dehvery, w~thm 10 days after the contractor knew or should have known, of any change that materially affects the provis~on of coverage of any person prowdmg serwces on the project H The contractor shall post on each project s~te a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, anformmg all persons prowd~ng servmes on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage AAAO0360 Insurance Requirements Page 8 The contractor shall contractually require each person w~th whom it contracts to prowde serwces on a project, to (1) prowde coverage, based on proper reporting of classification codes and payroll amounts and flhng of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011 (44) for all of ~ts employees prowdmg services on the project, for the duration of the project, (2) provide to the contractor, prior to that person beg~nmng work on the project, a certificate of coverage showing that coverage ~s being provided for all employees of the person prowdmg serwces on the project, for the duration of the project, (3) prowde the contractor, prior to the end of the coverage per~od, a new certificate of coverage showing extension of coverage, ~f the coverage per~od shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person w~th whom ~t contracts, and prowde to the contractor (a) a cert~flca[e of coverage, prior to the other person beginning work on the project, and (b) a new cert~fmate of coverage showing extension of coverage, prior to the end of the coverage per~od, ~f 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) not~fy the governmental entity m writing by certified mad or personal dehvery, w~th~n 10 days after the person knew or should have known, of any change that mater~ally affects the prows~on of coverage of any person prowdmg services on the project, and AAA003~0 Insurance Requirements Page 9 (7) contractually require each person w~th whom ~t contracts, to perform as required by paragraphs (1) - (7), w~th the certificates of coverage to be prowded to the person for whom they are prowdlng serwces J By s~gmng th~s contract or providing or causing to be prowded a certificate of coverage, the contractor ~s representing to the governmental entity that all employees of the contractor who w~ll prowde serwces on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage w~ll be based on proper reporting of class~hcat~on 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-~nsured, w~th the commms~on's D~v~s~on of Self-Insurance Regulation Prowd~ng false or m,slead~ng ~nformat~on may subject the contractor to administrative penalties, criminal penalties, c~wl penalties, or other c~v~l actions K The contractor's failure to comply w~th any of these provisions ~s a breach of contract by the contractor which ent~tles the governmental entity to declare the contract void ~f the contractor does not remedy the breach w~th~n ten days after receipt of not,ce of breach from the governmental entity AAA00360 REVISED 10/~2/84 Cl - 9 PEP,.FORMANCE BOND STATE OF TEXAS COUNTY OF DENTON Barco Construction, Inc. dba KNOW ALL MEN BY THESE PRESENTS: That REAVES ENTERPRISES , of the City of DENTON County of DENTON , and State of TEXAS as PRINCIPAL, and Gulf Insurance Company , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the ClrY 0F DENTON as OWNER, in the penal sum of TWO HUNDRED SIXTY THOUSAND Dollars ($ 260~000 00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 5 day of MARCH , 19 96, for the construction of BID # 1857 - UNDERGROUND ELECTRIC CONSTRUCTION which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Prlnclpal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond KS executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - 1 PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect Its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this ~ day of May , 1996 Barco Construction, Inc. dba ~ ..... ~ ........ Gulf Tnsur~n~ Companv .......... ~5%Y~al /~ Surety Tltle ~'~ Tltle Attorney-in-Fact Address: ~O~ ~' ~ ~ Address: ~'~-~ -]~D~.O~ 5550 w Touhy Ave., Suite 400 Wichita Falls, Tx. 76301 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Boley-Featherston Ins Co. 701 Lamar W~ch~ta Falls, Tx. 76301 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D Rev 07/28/94 PB - 2 PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON Barco Construction, Inc. dba KNOW ALL MEN BY THESE PRESENTS: That REAVES ENTERPRISES of the city of DENTON County of DENTON , and the State of TEXAS , as principal, and Culf In~'~anc~ authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF DENTON , OWNER, in the penal sum of T60 HUNDRED SIXTY THOUSAND Dollars ($ 260,000 00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 5 day of MARCH 19 96. BID # 1857 - UNDERGROUND ELECTRIC CONSTRUCTION to whlch contract is hereby referred to and made a part hereof as fully and to the same extent as ~f copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and mater~al to him or a subcontractor ~n the prosecution of the work provided for in sa~d contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as If they were copied at length herein. PB - 3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the sai~ ~1 ~a~ Surety have signed and sealed this instrument this 2nd day of May 19 ~ . Barco Construction, Inc. dba Reaves Enterprises Gulf Insurance Company Principal Surety Title Title ~ter~ey-~ Address: 7--Z~q ~. --~---~ Address: -~-~-~ ~ -~_.OI 5550 W Touhy Ave., Suite 400 Skokie, 111. (S L) (S L) The name and address of the Resident Agent of Surety is: 701 L~:z W~d*~ F~ils, ~x. ~ AAA0184D Rev. 07/28/94 PB - 4 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF DENTON Barco Construction, Inc. dba KNOW ALL MEN BY THESE PRESENTS' That as Principal, and Gulf Insurance Company a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of ~ BIX 9~{OUSAND AND no/100 ............ Dollars ($~), ten (10%) percent of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, Jointly and severally. Thxs obligation is conditioned, however, that: WHEREAS, said nR~R~RNTRRPRISE has this day entered into a wrxtten contract with the said City of Denton to build and construct BID # 1857 -UNDERGROUNDELECTRIC CONSTRUCTION which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of saxd City and are hereby expressly Incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and; WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connect~on therewith and do all necessary work toward the repair of any defective condltxon growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditIons arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said Improvements it is agreed that the City may do said work in MB - 1 accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. HOW, THEREFORE, if the said Contractor shall perform agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and wold and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maIntenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. Barco Construction, Inc. dba IN WITNESS WHEREOF, the said ~e~3T~s as Contractor and Principal, has caused these presents to be executed by Gulf Insurance Company and the said Gulf Tnsll~anm~ as surety, has caused these presents to be executed by ~ts Attorney-In-Fact ~aura Esp~noza and the said Attorney-in-Fact has hereunto set his hand this 2nd day of May , ~9 96 SURETY. PRINCIPAL: Barco Construction, Inc. dba Gulf Ins~ce Company/ Reav~es Enterprzses Laura Esplnoza Attorney-in-Fact AAA0184D Rev 07/98/94 MB - 2 GULF INSURANCE COMPANY ~OND KANSAS CITY, MISSOURI qUMBER GE 5 7 8 9 Q 8 7 POWER OF ATTORNEY NAME, ADDRESS fPRINCIPAL CITY, STATE ZIP ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BI UE SAFETY PAPER WITH TEAl INK DUPLICATES SHAI L HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL Barco Construction, Inc. dba KNOWN ALL MEN BY THESE PRESENTS That the Gulf Insurance Corn Reaves Enteprlses pany a corporation duly organized under the lau, s of th~, State of Missouri having ~ts principal office in the cdy of Irving Texas pursuant to the following resolution 2804 N Elm adopted by the Finance & Executive Committee of the Board of Directors of the said Denton, Tx 76201 Company on the lOth day of August 1993 to wit RESOLVED that the President Executive Vice President or any Semor V~ce PresMent of the Company shall have authority to make execute and dehver a Power of Attorney eon~tltutmg as Attorney in Fm.t such persons firms or corl~oratlons as may be selected from nme to t~me and an~, such Attorney m tact may t)e removed EFFECTIVE DATE and the authority granted h~m revoked h~, the President or any Execunve President or any Semor Vice President or by the Board of Directors or by the Finance and Executive Committee of the Board of D~rectors RESOLVED that nothing tn this po,ser of Attorney shall be con~trued a~ a grant .5-2-9 6 of authority to the attorney(s) in fact to sign execute acknowledge dehver or other CONTRACT AMOUNT wise issue a Ix~hcy or pohcles of msuran[e on behalf of Gulf Insurance Company RESOLVED that the signature of the President Executive Vice President or $ 260 t 000 any Senior Vice President and the Seal of the Company may be affixed to any such power of Attorn,.y or any certfficate relating thereto by facsande and any such ~- BOND AMOUNT powers so executed and cortlfied by facsimile signature and facsimile seal shall be vahd and binding upon the Company In the future w~th respect to any bond and documents relating lo such bonds to which they are attached $ 260,000 Gulf Insurance Company does hereby make consmute and appoint Laura Esplnoza Its true and lawful attorney(s) tn fact v, lth full po'set and authority hereby conferred in its name place and stead to sign execute acknowledge and dehver in it~, behalf as surety any and all bonds and undertakings of suretyship and to b~nd Gulf Insurance Company thereby as fully and to the same extent as ff any bonds undertakings and documents relating to su;h bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s) in fact pursuant to the authority hereto given are hereby ratified and confiraled The obhgatmn of the Company shall not exceed one mdhon ($1 ~ ~ ~) dollars IN WITNESS WHE~OF the Gulf Insurance Compan) has caused these presents to be s~gned by any officer of the Company and its Cor~rate %al to be hereto affixed ~ GUL~ INSLRANCE LOMPANY STATE OF NE% YORK Christopher E Watson SS Pre~dent COUNTY OF NEW YORK On this 1st day of February, 1994 A D, before me came Christopher E Watson, known to me personally who being by me duly sworn, did depose and say, that he resides in the County of ~ estchester State of New York, that he Is the President of the Gulf Insurance Company, the corporation described m and which executed the above instrument, that he kno~ s the seal of said corporation, that the seal a~xed to the said instruments Is such eor~rate seal that It was so a~xed b) order of the Board of Directors of said corporation and that he signed his name, thereto by hke order  Ursula Kerrlgan No 02 ~ 5~3950 STATE OF NEW YORK ) Qualified in New York County ) SS Comm Expires May 15, 1~7 COUNTY OF NEW YORk ) 1, the undersigned, ~nlor Vice President of the Gulf lmurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregmng and attached POWER OF ATTORNEY remains In full force ~ Signed and Seakd at the Git) of he~ York Datedtbe 2nd davor May 19 96