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1994-123ORDINANCE NO. C14 - /Z2 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 public works or improvements in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:1 SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1650 JAGOE PUBLIC CO. $548,248.00 1651 H & H PLUMBING AND UTILITIES $188,581.00 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. SECTION III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 1E66day of _,1994. 61 41 ATTEST: JENNIFER WALTERS, CITY SECRETARY d r? l! r pJ~iJJ~I~/ Ji BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: DATE: JULY 19, 1994 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1650 - KINGS ROW WATER & SEWER UTILITY IMPROVEMENTS RECOMMENDATION: We recommend this bid be awarded to the low bidder, Jagoe Public Company, in the total amount of $548,248.00. SUMMARY: This bid is for all labor and materials necessary in replacing waterlines in the Kings Row area and Huisache Streets, and replacement of the sanitary sewer on Yellowstone Drive. These waterlines have been a continual maintenance problem and replacement is more cost effective than continued repairs. The Yellowstone sewerline will alleviate sewage backups which have occurred in wet weather. Five bid proposals were received in response to thirty-eight notices to bid mailed to contractors. BACKGROUND: Tabulation Sheet, Recommendation from the Utility Department Lee Allison. Water and Sewer Department, FISCAL IMPACT: Revenue and Bond funds for Water Account #620-081-0461-R311- 9114 with a balance of $578,441.39 and Sewer Account #674-082-RB93-V310-9114 with a balance of $204,354.00. Respectfully submitted: Lloyd V. Harrell City Manager Approved: Name: Denise carpool Title: Senior Buyer 505.AGENOA W N i ~ Q1 W fw? Z D D M ~ m m c D z z N O cn 0 a M* ~ 11 z v my M mD 9 m n D zD .P m D z m M z m m z Z m N m m m v► W v+ w e► 4 < v 00 _f 71 co z ox M N m co N O ~N O O O O z lfl 69 fA z -C m c0 i CD N ~ m 'p O z Dm N i 1 i 0 Y ' ^ x T yj l O O O 0 A o ~ v► cn C m i N co a i i w v m m co co ~ o o W 0 D W N O O O O O z i 0) A 0 O _O~o i of 0 z Q z m N m o°> a rov o ( r m o 0 O o o O o o ? n - ? 46 EH W m _0 C- a ooo n ~ N C D co cn i c A (7i i N 0 O n m O O O 0 O 0 O 0 July 19, 1994 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager SUBJECT: CONSIDER BID OPENING NO. 1650 FOR CAPITAL IMPROVEMENT PROJECT KINGS ROW AREA WATER AND SEWER UTILITY IMPROVEMENTS. RECOMMENDATION: The Utility Staff and the Public Works Engineering Department recommend award of the contract to Jagoe Public Company for the amount of $548,248.00 for the construction of Kings Row Area Water and Sewer Utility Improvements. SUMMARY: Bids were opened July 7, 1994, with a total participation of six bidders. Jagoe Public Company of Denton, Texas, is the lowest qualified bidder. Jagoe Public's bid is $302,512.00 for Kings Row area waterline replacement, $57,382.00 for Huisache Street waterline and $188,354.00 for Yellowstone Drive sanitary sewer for a total bid of $548,248.00. The bid is approximately $51,076.00 over the construction budget and $19,293.00 over the engineer's estimate. The Yellowstone Drive sanitary sewer project is the primary contributor to the bid coming in over budget. The design and construction of this project requires that the sewerline must maneuver around dual (parallel) 421, storm drainage culverts that run in the same location. This unique construction will cost approximately $58,000 more than if a typical sewerline was going to be installed. Further fiscal details can be found in the Fiscal Impact Statement and the Fund Analysis. The bid does not include asphalt patching. The Engineering and Transportation Department will perform this service for a price of $2.00 per square foot of patch. The area to be patched will be determined after the contractor has completed work. The estimate for patching is $78,000. Page 2 BACKGROUND: Kings Row Area Water and Sewer Improvements is a culmination of several water and sewer projects that are regionally compatible for incorporating into one large project. The water replacement portion of the project consists of several lines on or near Kings Row Street. These streets have been a continual maintenance problem for a number of years and over the long term it is more cost effective to replace the deteriorated lines than to continue making repairs. Yellowstone Drive has been identified as the roadway in the Kings Row area that is needing additional sewerline installation to alleviate sewage backup that is occurring in the area during wet weather conditions. This new interceptor line will increase capacity and improve system integrity in the area. FISCAL IMPACT: $375,000 is budgeted for construction in revenue funds for the water portion of the project. The Stonegate Drive waterline project is $93,421.50 under budget. This is a revenue fund that can be allocated to the Kings Row waterline project. By doing so the project comes in $78,315.50 under budget including asphalt patching. $107,000 is budgeted for construction in bond funds for the sewer portion of the project. There is currently $295,000 budgeted for the replacement of the Corinth forcemain. Since the CIP was prepared, Corinth has agreed to reroute their sewage so the forcemain upgrade is no longer necessary. Portions of this money has been allocated to other sewer projects (University Drive sewer, Cooper Creek sewer, Hickory Creek sewer) and the remaining budget will be allocated to Yellowstone sewer. This will bring the project in at $8,221.00 under budget including asphalt patching. (See Exhibit V, Fund Analysis for more detail.) AGENCIES AFFECTED: The citizens of Denton, Denton Municipal Utilities, the City of Denton, Engineering and Transportation Department and Jagoe Public Company. Respectfully submitted, Lloyd V. Harrell, City Manager Page 3 Prepared by: Lee K. Allison, Director, Water Engineering & Operations Approved by: R. E. Nelson, Executive Director Department of Utilities Exhibit I Exhibit II Exhibit III Exhibit IV Exhibit V Exhibit VI Location Map Project Considerations Bid Summary Letter of Recommendation Fund Analysis CIP Detail Sheet 1JA024.CC I_xl 7 X11 jai If r ii LI1 51 ICI ~APOLLO PERSHING JUN❑ LN. JUN❑ w a C2 Q z CAMELOT z a z z v~ ra z ¢ o ¢ u w ¢ w ~ ~ ¢ } N z J Z ERCULES = HERCULES RETAMA 3 w w YUC r CA w m N w -j ¢ z F > N W ¢ mw U = W V L7 Q N vj 2 II li i ■ ■ d to a x r G SUN VALLEY u~' Z s ~yF.n HILTON 3 PL. "'ll LAGUNA 3 ° SIERRA w ran r MANHATTEN MO Nth WOLFTRAP DR. RC WINDSOR Fri NBV~ EXHIBIT I 1993 REPLACE 6" & S" PATER LINES' I AVON, HEATHER, HUISACHE, KINGS ROW, STRATFORD 11 DRAWN BY: DANIEL. BROWN CIP# 94-0481E08 DATE: 12-30-93 SCALE- 1!=800' •of 9 d~ f2c ~s- `C O 2 z 0 J. YUCCA 3 z = = w u w N 0 M w Q zz z (Y LAGUNA SIERRA \ ~ l MS SHERA- % 9c\ TON PL. ~J IM ERIAL DR. z KINGS ROW L a w X00 O 1Q~'~ TTEN J 77, IA,. p ~R 4~v n x1993 UPGRADE 12 & 15" WATER LINES YELLOWSTONE DRAWN BY: DANIEL. BROWN CEP# 94-0471E10 DATE:. 03-15-94 SCALE. 1 row PROJECT CONSIDERATIONS KINGS ROW AREA WATER AND SEWER UTILITY IMPROVEMENTS • Waterlines in the area are in poor condition and have become a continual maintenance problem. • The existing sewerline is near capacity during dry weather conditions and surcharges during wet weather conditions. The new line will eliminate sewage backup on the existing line. • The waterline project is $30,117 over budget due to increases in asphalt patching. • The Stonegate waterline project is $93,421.50 under budget and this fund can be used to supplement the Kings Row waterline project. • The sewerline project is $94,634.00 over budget due to asphalt patching, extensive design work and unique construction needed to avoid the large storm drainage culverts in the area. • The Corinth forcemain project has been eliminated. Therefore„ $102,855 of the funds for that project can be used to finance the Yellowstone sewer project. IJA024A.wp EXHIBIT 11 BID OPENING #1650 JULY 7, 1994 BID SUMMARY KINGS ROW WATER & SEWER UTILITY IMPROVEMENTS ITEM CONTRACTOR/ KINGS ROW NO. OFFICE UTILITIES DAYS BOND. 1 JAGOE PUBLIC $548,248.00 120 YES DENTON, TX 2 DICKERSON CONST. $635,629.00 120 YES DENTON, TX 3 CIRCLE C CONST. $664,606.00 120 YES FT WORTH, TX 4 LINDER-STAHL CONST. $681,941.00 120 YES FT WORTH, TX 5 E.L. DALTON & CO. $1,071,878.00 120 YES DALLAS, TX [5Y°`Y ~iSv ai CITY Of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 MEMORANDUM DATE: July 12, 1994 TO: John Atkins, Engineering Associate FROM: David Salmon, P.E. Senior Civil Engineer SUBJECT: Stonegate Waterline Bids were opened on the above mentioned project on July 7, 1994. the low bidder was H and H Plumbing and Utility at $188,581. Our estimate for construction was $190,889. It appears that their bid price is reasonable. The bids were checked and were found accurate and complete. We have not received a list of references yet but will check them as soon as a list is obtained. I recommend that H and H Plumbing and Utilities bid be accepted as long as references turn up positive. David Salmon AEE003E6 8171566-8200 D/FW METRO 434-2529 EXHIBIT N KINGS ROW WATER & SEWER UTILITY IMPROVEMENTS FUND ANALYSIS {WATER} KINGS ROW WATERLINE & HUISACHE ST. WATERLINE CIP (1993 REPL. MISC. WATERLINES) ACTUAL/ ENGINEERING DESIGN $15,000.00 $11,104.00 ACT SURVEY $14,000.00 $1,119.00 ACT INSPECTION $10,000.00 $10,000.00 EST ASPHALT INCLUDED IN CONSTRUCTION $62,000.00 EST CONSTRUCTION $375.000.00 $359.894.00 BID TOTAL $414,000.00 $444,117.00 OVER UNDER BUDGET 30 117.00 STONEGATE ALLOCATED TO KINGS ROW WATER $93,421.50 REVISED OVER UNDER BUDGET 63 304.50 NOTE: (1) STONEGATE WATERLINE REPLACEMENT IS A REVENUE FUNDED PROJECT THAT IS $93,421.50 UNDER BUDGET. THIS FUND CAN BE USED TO FINANCE THE REMAINING KINGS ROW PROJECT. (2) THE PROJECT WAS BUDGETED FOR ASPHALT AT $1 /SF. SINCE-THEN THE ASPHALT PRICE HAS BEEN INCREASED TO $2/SF (JULY, 1993). THEREFORE, THE BUDGET DOES NOT REFLECT THE INCREASE OF $31,000 IN ASPHALT CHARGES. EXHIBIT V KINGS ROW WATER & SEWER UTILITY IMPROVEMENTS FUND ANALYSIS {SEWER} YELLOWSTONE SEWER CIP (1993 UPGRADE INTERCEPTOR) ACTUAL/ ENGINEERING DESIGN $7,000.00 $5,950.00 AUT SURVEY $3,000.00 $1,330.00 ACT INSPECTION $8,000.00 $8,000.00 EST ASPHALT INCLUDED IN CONSTRUCTION $16,000.00 EST 9,634.00 OVER UNDER BUDGET ($94,634.00) CORINTH FORCEMAIN ALLOCATED TO YELLOWSTONE $102,855.00 REVISED OVER UNDER BUDGET ".221.00 NOTE: (1) THE CORINTH FORCEMAIN PROJECT WAS CANCELLED LEAVING $295,000 TO ALLOCATE TO OTHER PROJECTS. LISTED BELOW ARE THOSE PROJECTS. CORINTH FORCEMAIN PROJECT $295,000.00 ALLOCATED TO UNIVERSITY DRIVE $140,516.00 COOPER CREEK $28,758.00 HICKORY CREEK $22,871.00 BUDGET REMAINING FOR YELLOWSTONE $102,855.00 (2) THE PROJECT WAS BUDGETED FOR ASPHALT AT $1/SF. SINCE THEN THE ASPHALT PRICE HAS BEEN INCREASED TO $2/SF (JULY, 1993). THEREFORE, THE BUDGET DOES NOT REFLECT THE INCREASE OF $8,000 IN ASPHALT CHARGES. ~.r%rl i HL. imt-HUVtIVIENT PROJECT # 94-0461 EC PROJ TITLE: (R) (1993) REPL. MISC. WATERLINES ESTIMATED COST: $414 (x 1000) DESCRIPTION: Replace deteriorating waterlines. GROUP ASSIGNMENT: 5 Stratford-Sherman to Wellington 616" 800 LF $ 48 000 Heather-Stratford to Avon 216" 1,600 LF , $ 95 000 Avon-Stratford to Heather 216" N/A LF , $ 16 000 Imperial-Stuart to Sherman 6/8" 2,050 LF , $130 000 Kings Row-Stuart to Sherman 616" 2.000 LF , $125,000 Total 6,450 LF $414,000 PURPOSE: Save on maintenance and repair costs and improve system integrity. Survey $ 14,000 COST Engineering $ 15,000 CALCULATION: Inspection $ 10,000 Construction $375,000 Total $414,000 FUNDING REOUIREMENTS:CASH FLOWS/ENCUMBERANCES (In Dollars x 1000) ENC EXP ENC MAP ENO EXP ENC EXP ENO EXP ENC EXP 1994 O N D J A M i J I 1995 O N D J A M J J 1996 O N D J A ; M J ; J ENCUMB ERANCES BOND REV AIC OTHER TOTAL TOTAL 1 ST YR $0 $385 $0 $0 $385 TOTAL 2ND YR $0 $0 $0 $0 $0 TOTAL 3RD YR $0. $0 $0 $0 $0 GRAND TOTAL $0 $385 $0 $0 $385 ENCUMBERANCE DATES: PHASE DATE AMOUNT Object # Survey 3/93 $14 8563 Engineering Design 3193 $15 8560 Inspection 3194 $10 8562 Construction EV94 $375 9114 +1f1k ENCUMBERANCE TOTAL $414 COMMENTS: This Is a multiyear project beginning in 1993. Encumberances prior to 1994 Current CIP Total Project Budget F M 385`; 385 A S ; F M ; A S ; F M ; A S ; CASH EXPEND ITURE37 BOND REV AIC OTHER- TOTAL $0 $385 $0 $0, $385 $0 $0 $0 $o- 1;0. $0 $0 $0 $07 $0- $0 $385 $0 $0" $385- $ 29,000 $385,000 $414,000 9:21 Ph EXHIBIT' VI 1y84 CAPITAL IMPROVEMENT PROJECT # 94-0471E PROJ TITLE: (1) (1993) UPGRADE INTERCEPTOR ESTIMATED COST: $650 (x 1000) GROUP ASSIGNMENT: DESCRIPTION: Corinth Force Main Uft Station to Interceptor 8/12" 5,400 Chisholm Trail Area Cordova to Stuart 6/15" 2,580 Yellowstone Kings Row to Monterey NA/12" 1,600 TOTAL 9,580 PURPOSE: To increase capacity of the interceptor and prevent sewage backup Into the surrounding area. COST Design Estimate $ 55,000 CALCULATION: Construction Esdmate $595,000 FUNDING REOUIREMENTS:CASH FLOWS/ENCUMBERANCES (In Dollars x 1000) ENC EXP ENC EXP ENC EXP ENC EXP ENC 1994 O N 4 LF $295,000 LF $230,000 LF $125,000 $650,000 EXP ENC EXF , D 270 135 J F M 13. A M J 325 160 J /k S' 16 1995 O ; N D F M A M J ; 1996 O N D J F M ; A M ; J ; J ; A ; S ; ENCUMBERANCES CASH EXPENDITURES: BOND REV AID OTHER TOTAL BOND REV AID OTHER" TOTP TOTAL 1 ST YR $595 $0 $0 $0 $595 $595 $0 $0 $0. $595 TOTAL 2ND YR $0 $0. $0 $0 $0 $0 $0 $0 $0:• $0 TOTAL 3RD YR $0. $0 $0 $0 $0 $0 $0 $0 $0= $0 GRAND TOTAL $595- $0. $0 $0 $595 $595 $0 $0 sm.. $595 IBERANCE DATES Encumbered as spent. DATE AMOUNT OBJECT# Purchase ring Design 3193 n `3/9q :flan 3/94 $55 856018563 $40 8562 $555 9138 ENCUMBERANCE TOTAL $650 COMMENTS: This is a multiyear project beginning in 1993. Encumberantes: Alorto199944- Current Jeri Budget Total Project Budget $ 55,000 $695,000 $650,000 619313:33. Pg DATE: JULY 19, 1994 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1651 - STONEGATE 8" WATERLINE RECOMMENDATION: We recommend this bid be awarded to the low bidder H & H Plumbing and Utilities, in the total amount of $188,581.00. SUMMARY: This bid is for all labor and materials in replacement of the Stonegate Drive 8" Waterline. This waterline has had a history of maintenance problems and is being replace prior to replacement of the existing street. Eight bid proposals were received, in response to thirty-eight notice to bidders being mailed out. BACKGROUND: Tabulation Sheet, Utility Department recommendation. DEPAR Water Department, Utilities FISCAL IMPACT: Budgeted Revenue Funds for 1994 Account #620-081-0461-R308- 9114 with a balance of $578,441.39. Respectfully submitted: 1Approved: i YWL~- (j✓ Name: Denise Harpo 1 Title: Senior Buyer 50B.AOENDA Lloyd V. Harrell City Manager m - v D fJ Z D K D m m m N (n O O " z m z m D m D W O m a 7 ~ m 0~ o~ a) O C m m y CD 0) o o ° 1 o (D a z a m y m m r r m m d► 3 -jN En < 0 03 ox ( M ~ o J) U) ~ v, 0 m fA 0 O z 0 0 C/) Z .00 m (4 ~ C D W ~ i Z O -I v (A co O 0m N N Mrm 0 3tl w I 0 0 y► I po v -jc= y► v m °r fmA ~ . G r W Q' N ooi 'CZ7 Q q O' - c mz ~O o c m z 0 o o 0 m A z r i v 0 j ~m o 0 0 m ~ p o o -4 N 0 z CA 0 0 July 19, 1994 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager SUBJECT: CONSIDER BID OPENING NO. 1651 FOR CAPITAL IMPROVEMENT PROJECT STONEGATE DRIVE WATERLINE REPLACEMENT RECOMMENDATION: The Utility Staff and the Public Works Engineering Department recommend award of the contract to H & H Plumbing & Utility for the amount of $188,581.00 for the construction of Stonegate Drive Waterline Replacement. SUMMARY: Bids were opened July 7, 1994, with a total participation of 8 bidders. H & H Plumbing & Utility of Garland, Tx., is the lowest qualified bidder. H & H Plumbing & Utility's bid is $188,578.50 for the 8" waterline replacement. The bid is approximately $93,421.50 under budget (including the estimate charge for asphalt patching and $2,310.25 under the engineer's estimate. The bid does not include asphalt patching. The Engineering and Transportation Department will perform this service for $2.00 per square foot of patch. The area to be patched will be determined after the contractor has completed work. The estimate for patching is $41,000. BAC&GROUNDs Stonegate Drive is part of the replace waterline street program. In this program, waterlines which have had a history of maintenance problems are replaced prior to the replacement of the existing street. This helps insure that the new pavement will not have to be excavated to do maintenance. AGENCIES AFFECTED: The Citizens of Denton, Denton Municipal Utilities, The City of Denton Engineering and Transportation Department and H & H Plumbing and Utility. Page 2 FISCAL IMPACT: $323,000 is budgeted in revenue funds for construction in FY 94. See Exhibit V (Fund Analysis) for more detail. Respectfully submitted, Lloyd Harrell, City Manager Prepared by: Lee Allison, Director Water Engineering & Operations Approved by: R. E. Nelson, Executive Director Department of Utilities Exhibit I Exhibit II Exhibit III Exhibit IV Exhibit, V Exhibit VI Location Map Project Considerations Bid Summary Letter of Recommendation Fund Analysis CIP Detail Sheet HAM= A., 1993 REPLACE 6" WATER LINE (STREET) STONEGATE DRAWN BY: DANIEL BROWN CIP# 94-046005 DATE: Ol_.-03-94 SCALE PROJECT CONSIDERATIONS STONEGATE WATERLINE REPLACEMENT • The Street Department will be repaving Stonegate Drive. Replacing the existing waterline will insure that the new pavement will not have to be excavated to perform maintenance. • The existing waterline is in poor condition and would have to be replaced soon, even if the street was not being paved. • The project is within budget. UAMA.wp EXHIBIT 11 BID OPENING #1651 JULY 7, 1994 BID SUMMARY STONEGATE WATERLINE ITEM CONTRACTOR/ STONEGATE NO. OFFICE WATER DAYS BOND 1 H&H PLUMBING & UTIL. $188,578.50 60 YES GARLAND, TX . 2 JAGOE PUBLIC $208,333.00 60 YES DENTON,TX 3 DICKERSON CONST. $228,525.50 60 YES DENTON, TX 4 MID STATES UTILITY $246,081.50 60 YES WACO, TX 5 CIRCLE C CONST. $262,017.00 60 YES FT WORTH, TX 6 RADICH CONST. $269,974.00 60 YES LILLIAN, TX 7 LINDER-STAHL CONST. $297,875.30 60 YES FT WORTH, TX 8 E.L. DALTON & CO. $325,560.00 60 YES DALLAS, TX EXHIBIT III CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 MEMORANDUM DATE: July 11, 1994 TO: John Atkins, Engineering Associate FROM: David Salmon, P.E., senior civil Engineer SUBJECT: Kings Row area Water and Sewer Utility Improvements Bids were opened for the above referenced project on July 7th, 1994. The low bidder was Jagoe Public with a total bid of $548,248.00. You will note that this is less than the total bid price of $564,541.00 which was presented at the bid opening. The error occurred in the Huisache Street Waterline bid. If you multiply all the quantities and unit prices and then add them, the total is the lesser amount. As our contract is a "unit price" contract, the lower price would apply. We have notified the contractor and purchasing department of this error. It appears that the error occurred in adding the item totals. The contractor has acknowledged the error and has verbally agreed to the corrected total. Our estimate for construction of this project was $529,046, which is only about 3 1/2% low. The difference may be explained by the fact that local contractors are exceptionally busy due to the increase in private work. Jagoe Public has installed many utility projects for the City of Denton with excellent results. I recommend that Jagoe Public's bid be accepted with the noted correction. David Ual n AEE 003E6 8171566-8200 D/FIN METRO 434-2529 EXHIBIT IV STONEGATE WATERLINE FUND ANALYSIS ACTUAL/ DESCRIPTION BUDGET ESTIMATE ENGINEERING DESIGN $13,000.00 $11,973.00 ACT SURVEY $11,000.00 $6,647.00 ACT INSPECTION $9,000.00 $9,000.00 EST ASPHALT INCLUDED IN CONSTRUCTION $41,000.00 EST OVER UNDER BUDGET $98,801.50 EXHIBIT V ?4-~J461En ==CJ 77LE. Rl (19931 RE-_.. E .;AT.R_.... "cE- c 7:MATEE COST: 5360" CC1 - _ - DESCRiPTIO.N: Stoneaate-,-35 :c Soutnnoce PURPOSE: Avoid patcnine or recently reeaveo or overiam streets rv reciacine waterline with a sufficient oreaK Msterv prior to the rehabilitation or the street. g COST Survey =S 11,000 CALCULATION: Engineering 13.000 Inspection =a 9,000 Construction = 5323.000 Total = $356.000 c FUNDING REOUIREMENTS:CASH FLOWS/ENCUMBERANCES (In Dollars x 10001 END IXP. ENO EXP ENO EXP END EXP ENO EXP ENC EXP P; 1994 O N 0 J r M 332 166 r4* A M J 166 J A S 1995 O N 0 J F M A M J J A S' 1996 O N D J . A. M J J r F M A S* , ENCUMBERANCES CASH EXPENDITURES. BOND REV AIC OTHER TOTAL BOND REV AID OTHER TOTAL 1• . =^-TOTAL I ST YR s0 $332 $0 $0 $332 $0 $332 SO $O $332. TOTAL 2NDYR So- $0 $0 $0 so $0 $0 $0 $0 $0 1OTAL 3RD YR $0 $0 $0 $0 $0 $0 $0 $0 $o. $o GRAND TOTAL s0 $332 $0 $0 $332 $0 $332 $0 $0: $332 ENCUMBERANCE DATES: PHASE QATE AMOLNT OBJECT rF Survey 1193 $11 8563 Eng. Design city 1193 S'•13 8560 `..Inspection City 1194 9 8562 Construction 1/94 $323 9114 xu Miscellaneous wcUM8F= IANCETOTAL $356 COMMENTS: This is a multiyear project beginning in 1993. Encumberances: Prior to 1994 r Current Cip Total Proyect Budget 8:40 $ 24.000 MUM) $356.000 15 EXHIBIT VI CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 19 day of JULY A.D., 19 94 , by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and H & H PLUMBING AND UTILITIES 305 W. AVE D STE. A GARLAND, TEXAS 75040 of the City of GARLAND , County of DALLAS 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 bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1651 - STONE-ATE 8° WATERLINE in the amount of $188.581.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special 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 CA - 1 all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON ENGINEERING 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 sick leave benefits, worker's compensation, or any other city employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the ,services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers,'agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms.a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. AMST: l 5kAL1 ATTEST: -5 kC(rt nu.l / Q #It H & H PLUMBING AND UTILITIES INC. CONTRACTOR Sy A4 Title (SEAL) AAA0184D r CA - 3 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That u r. H PLUNBING AND UTILITIES INC. of the City of GARLAND County of nATS-AR , and State of TEXAS as PRINCIPAL, and U-AmyfYrAl Svvetk Of Atmp✓ICA 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 THE CITY OF DENTON as OWNER, in the penal sum of ONE HUNDRED EIGHTY EIGHT THOUSAND FIVE HUNDRED EIGHTY ONE and no/loo-- Dollars 188,581.00 ) 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 19 day of JULY , 19 94, for the construction of BID $ 1651 - STONEGATE 8° WATERLINE 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 Principal 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 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 - 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 Pri cipal and Surety have signed and sealed this instrument this ~ 7f; day of 194. H & H PLUMBING & UTILITIES, INC. Principal By Hai*0y Dalton Title President Address:305 W. Avenue D Garland, Texas 75040 (SEAL) V iversAl Lrefi df 14Gf9ey1ci9 Surety Yuri pw' AIL Title AITgril -%H- fcf Address: 30 - 4, #'Z5 0 oh 77192 (SEAL) The name and address of the Resident Agent of Surety is: DAVIS-DYER-MAX. INC. 409 E Centerville Road; Garland Texas 75041 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D ' PB - 2 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTOx § KNOW ALL MEN BY THESE PRESENTS: That H & H PLUMBING AND UTILITIES INC. of the City of GARLAND County of DALLAS , and the State of TEXAS , as principal, and Un;arr.4~ Sure& of Ighine;(4 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, g in the penal sum of ONE HUNDRED EIGHTY EIGHT THOUSAND FIVE HUNDREDEYWNDollaanr3 nFJ100AR SR'I_nn ) 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 19 day of JULY 19 94 . BID # 1651 - STONEGATE 8" WATERLINE to 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 pay all claimants supplying labor and material 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 copied at length herein. I. 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 said Prince/pal and Surety have signed and sealed this instrument this .2 7 day of 7v_: 19~~. H & H PLUMBING & UTILITIES, INC. Principal ByDalton Hp,trvey Title PrPCidnnt Address: zns w ..enue n Garland, Texas 75040 ,(SEAL) UA;yerSAl Surety a`f werla Surety p~ Title A Olr&l: -iN- lz9C Address: qf~ Ec ~l~o ~N. ,150 &66d&4 , / i 770,Z5l (SEAL) The name and address of the Resident Agent of Surety is: DAVIS-DYER-MAX. INC. 409 E. Centerville Road; Garland, Texas 75041 4,. AAA0184D PB - 4 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That H & H/. PLUMBING AND UTILITIES INC. as Principal, and UhiV2fol ✓Vrets, IMEY'1l~9 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 EIGHTEEN THOUSAND EIGHT HUNDRED FIFTY EIGHT and 101100 Dollars 18.858.10 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. This obligation is conditioned, however, that: WHEREAS, said H & H PLUMBING AND UTILITIES INC. has this day entered into a written contract with the said City of Denton to build and construct BID # 1651 - STONEGATE B° WATERLINE 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 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. 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 14+11 F4U,n8JNG + UT111 r1f_5- =/JC . as Contractor and Principal, has caused these presents to be executed by df D.41-TOiq and the said /-Sore& (if Sure kneroCA as surety, has caused ~these presents be executed by its Attorney-in-Fact ir_AAf / OP ykSM,4H1 and the said Attorney-in-Fact has hereunto set his hand this Z M day of , 19 ?9L SURETY : / i✓4irSA urPd C BY: Attorney-in-Fact AAA0184D r, PRINCIPAL: H &H,PLUMBING & UTILITIES, INC. Harvey Dalton, President MB - 2 UNIVERSAL SURETY OF AMERICA P.O. BOX 1068 -Houston, Texas 77251-1068 GENERAL POWER OF ATTORNEY - CERTIFIED COPY I and N® TX 0904879 00 Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Texas, does by these presents make, constitute and appoint Michael P. Whisenant its true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead to execute, acknowledge and deliver bonds for: Principal: H & H Plumbing and Utilities, Inc. Obligee: City of Denton Amount: 188,581.00 and to bind the company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the company and duly attested by its secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Pact may do within the above stated limitations. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the 11th day of July, 1984. "Be It Resolved, that the President, and any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company." "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimilie to any power of attorney of the corporation, and that such printed facsimilie signature and seal shall be valid and binding upon the corporation." In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President, John Knox, Jr. and its corporate seal to be hereto affixed this 7th day of January, A.D.,1993. UNIVERSAL SURETY OF AMERICA ."WSePEr~n,~~~ ='-yl ti 64le1 9 1 1. S State of Texas as: County of Harris Jol o Jr. V President On this 7th day of January, in the year of 1993, before me Angela P. Daigle a notary public, personally appeared John Knox, Jr., personally known to be the person who executed the within instrument as President, on behalf of the corporation therein named and acknowledged to me that the corporation executed it. UiPU, Notary Public I, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in affect. GIVEN under my hand and the seal of said company, at Houston, Texas, this 27TH day of JULY 19 94 secretary For verification of the authority of this power you may telephone (713) 722-4600. CERTIFICATE OF INSURANCE 7/28/1994 :PRODUCER ;THIS CERTIFICATE IS ISSUED AS A MATTER OF ;Davis-Dyer-Max, Inc. :INFORMATION ONLY AND CONFERS NO RIGHTS UPON :P.O. Box 495429 :THE CERTIFICATE HOLDER. IT DOES NOT AMEND, :Garland, TX 75049-5429 :EXTEND OR ALTER THE COVERAGE AFFORDED BY THE :(214) 864-0400 FAX 278-8400 :POLICIES BELOW. COMPANIES AFFORDING COVERAGE :INSURED : COMPANY A: MARYLAND INSURANCE COMPANY :H & H PLUMBING & UTILITIES INC : COMPANY B: TEXAS WORKERS COMP. INS. FUND COMPANY C: :305 W. AVENUE D, SUITE A : COMPANY D: :GARLAND, TEXAS 75040 : COMPANY E: COVERAGES This is to certify that policies of insurance listed below have been issued to the insured named above for the policy period indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. :CO:=: INSURANCE POLICY NUMBER DATES :GENERAL LIABILITY: : Effective:$1,000,000. General Agg :A :[X] Gen Liability:EPA21369724 : 02/07/94 :$1,000,000. Prod/Coops Agg; :[X] occ [ ] CM :$1,000,000. Pers/Adv Ini ] OCP :$1,000,000. Occurrence :[X] CG2503 INCL. : :Expiration:$ 50,000. Fire Damage : 02/07/95 5,000. Medical Exp :AUTO LIABILITY Effective: :A ] Any Auto :WAA21370227 : 02/07/94 :$1,000,000. CSL :[X] All Owned ] Scheduled :[X] Hired :[X] Non-owned : :Expiration:$ BI (person) ] Garage Liab 02/07/95 BI (accident) [ ] : : PD :EXCESS LIABILITY 02/07/94 :$1,000,000. Occurrence :A :[X] Umbrella :UBA67992371 : :$1,000,000. Aggregate ] Other 02/07/95 ] Statutory Lmts :B : WORKERS COMP :TSF113409 : 07/21/94 500,000. Each Accident AND 500,000. Disease-Limit EMPLOYERS LIAB 07/21/95 500,000. Disease-Empl : :A :AUTO PHY. DAM. :WAA21370227 : 02/07/94 500 DED. COMP. 02/07/95 500 DED. COLL. :Description of operations/locations/vehicles/other CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES & VOLUNTEERS ARE ADD'L INSURED ON ALL POLICIES EXCEPT WORKERS COMP.; A WAIVER OF SUB. IN FAVOR OF CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES & VOLUNTEERS ON THE WORKERS COMP. CANCELLATION CERTIFICATE HOLDER :=======:Should any of the above described policies -----------------------------------'be cancelled before the expiration date CITY OF DENTON 901-B TEXAS STREET DENTON, TX 76201 :thereof, the issuing company will endeavor :to mail 30 days written notice to the :certificate holder named to the left, but :failure to mail such notice shall pose no :obligation or li ility any kind upon : the company ~,11~ AT~ {eps _ ntative:----- CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A • Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its AAA00350 REVISED 08102193 CI - 1 Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. • • That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage. • Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. AAA00350 REVISED 08/02/83 " Cl - 2 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [XI A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002. Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. AAA00360 REVISED 08102193 ' Cl - 3 Insurance Requirements Page 4 4 [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non-owned autos. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy. limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. AAA00360 REVISED 08/02183 Cl - 4 Insurance Requirements Page 5 a [ 1 Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ 1 Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ 1 Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ 1 Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. AAA00350 REVISED 08102183 w CI - 5 ar negate Drive 8 Inch Waterline WORK DAYS 60 BID NO. PO NO. BID TABULATION SHEET 1 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 2.12-A 8 Inch Waterline 4,882 LF $9900 /LF $ 131 Unit Price in Words: r e A e e:r > 2.12-B 6 Inch Waterline 43 LF $ j,j D /LF $ ~•7c1! as Unit Price in Words: _5 2.12-C 4 Inch Waterline 30 LF $ /SO D /LF $ Unit Price in Words: T-i ' 70 14 ~ 2.16-A 2 Inch Water Service 1 EA $ SOU"/EA $ 5'00 A u Unit Price in Words: F1v - NU udry 'moo ars 2.lb-B 1 1/2 Inch Water Service 3 $ USO. /EA ~ d ° $ l 7S0 Unit Price in Words: hr~e ~/~,vdrea~-~~-~ `l~c• u~S 2.16-C Standard Water Service 68 EA $ -AOO 0` /RA $ /-7, (000 Unit Price in Words: 4w o H u A,dosc~ 170 ItCL r2 2.14 Fire Hydrant 9 EA $ I,>OD'/EA Ex, $ /U,900 Unit Price in Words: VVm UA)&w ~DVI r- 1; 2.13.1-A 8 Inch Valve 4 EA $ y7S, /EA $ 00 Unit Price in Words: F6ur}~UNdI'8~ 2 ~eVe 1uP 17oIIc.rS 2.13.1-B 6 Inch Valve 1 EA $•L//O°~ /EA $y/D Unit Price in Words: our-rudred~' ~ bollq r ' 2.13-C 4 Inch Valve 1 EA $ ?j'TJ,S'Oa /BA $ 3 ~S ao I Unit Price in Words: 11~~ ~1!'e~ I'IU F2~~'~Ue,7a~ ~'LVC ~ol rS SP-40 Cut and Plug Waterline 10 EA 05-6 06 /EA $ 0116vc00 Unit Price in Words'> C( two H u red £ T'~ Vo 1 ~L ~ s Stoneaate Drive 8 Inch Waterline WORK DAYS 60 BID NO. PO NO. BID TABULATION SHEET J ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3-A Remove Concrete Pavement 18 SY $ 3--!3-0 /By $(p 0 0 Unit Price in Words: A1-BZ be^1\u.r 4 AJ 4 Lie, ,4-S 3-C Remove Walks and Driven 40 Sy $ 3. sD /SY $ jyQ, OU Unit Price in Words: 8.3-B Concrete Driveway 40 SY $ 12,,):; /BY $5(X), VU Unit Price in Words: CB.u .s 1 Walvf~' o ~ r- i 5.8 6 Inch Concrete Pavement 18 BY $ 17, SO /BY $ 3/ 00 Unit Price in Words: S 1 s SP-2 Saw Cut Existing Concrete 86 LF $~,GU /LF $ J~,? 00 Unit Price in Words: SP-41 Asphalt Saw Cut 7,323 LF $1,0( /LF e , $~33 Unit Price in Words: ON bc> a r SP-45 Misc. Sprinkler System Adjustments LS $ 330 00/LS $ DSO . Unit Price in Words: 9 SP-44 I Rock Work Around Meters I 2 F F7 LOC Fseo7CAO / $ /dye ' Unit Price in Words: F, v i-!U u red SP-37 Excavation Protection 500 LF $ a, o o /LF S /r 060 Unit Price in Words: ~LL T W iJ T~> ch co r SP-39 Project Signs 2 EA $4/50n"/EA $ 9p0 °U Unit Price in Words: 3.1 Preparation of Right-of-Way LS $A e6 ),601LS $1f57~ ~u Unit Price in Worday /r /r ~G u r Nu U d ~l £'7"`-(II~'ba Ia r S Stonevate Drive 8 Inch Waterline WORK DAYS 60 BID NO. PO NO. BID TABULATION SHEET J ITEN DESCRIPTION QUANTITY UNIT UNIT PRICB TOTAL SP-10 Rock Excavation 50 CY $Jam,,'v d /CY $ AGO. cf I Unit Price in Words: GC t ~tvf w 11 arS' 8.1 I Barricades, Warning Signs and Detours LS $ / 500 /LS S/ SO O Unit Price in Words: e I-4 UNd reA '%"N v 1 C- r 1.21 I Contractors Warranties and Understandings LS $ /1 Z, co /LS $ L00 Unit Price in Words: 2.12.8 Cast Iron Fittings 1,050 LB $ j,$ /LB $ ~9y2 SO Unit Price in Words: UN 'L i~all~tr S~i~' ',vB Ecti~ SP-42 Remove Valve Stacks 17 EA $ 51s /EA $ aG,G U Unit Price in Words: 14 +y Do ! a rS SP-43 Remove Fire Hydrants 5 EA $a5pa' /EA $ 4250 i Unit Price in Words: wo cf red 4 Materials incorporated into project plus labor $ / S Cj U U other $ (0 3j j O O Total $ I~g1 Sg/ 06 BID SUMMARY j 1 I l I , H!H PIUrnbi iu~ E 0+i LI le_S liv CONTRACTOR BY Hckrr-1 k)AVI g rJ S 1A) AVf D S Street Address Ga rl a nod t-?~ -71-014o City and State Seal & Authorization (If a Corporation) I J ,OVA i~t~ ~ive 14u.udWd aAJ Ofoe TOTAL BID PRICE IN WORDS OA)E NU AJdre a;UJ Z`101 21"I L f 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 in 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 this proposal, shall control over extensions. Z!q- A76- & 3S,9 Telephone B - 1 p. , CONTRACT AGREEMENT 4 STATE OF TEXAS $ COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 19 day of JULY A.D., 19 94 , by and between THE CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and JAGOE PUBLIC COMPANY P.O. BOX 250 TEXAS 76202 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 bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID $ 1650 -KINGS ROW WATER & SEWER UTILITY IMPROVEI4ENTS in the amount of $548.248.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special 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 CA - 1 A all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, ano the Specifications therefore, as prepared by CITY OF DENTON ENGINEERING 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 sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and dax,first above written. ATTEST: N. (SEAL) AT7,P,'ST: q~~" ze~~ JAGOE PUBLIC COMPAV~ CONT O B Is (SEAL) AAA0184D CA - 3 PERFORMANCE BOND 4 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC COMPANY , of the City of DERTON County of nPuTON , and State of TEXAS as PRINCIPAL, and SEABOARD SURETY 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 THE CITY OF DENTON as OWNER, in the penal sum of FIVE HUNDRED FORTY EIGHT THOUSAND TWO HUNDRED FORTY EIGHT and no/100--- Dollars 548,248.00 ) 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 19 day of JULY 19_9A, for the construction of BID $ 1650 - KINGS ROW WATER & SEWER ' uTILITY Imp yEMENTS in the amount of $548,248.00 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 Principal 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 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 - 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 19th day of Ju 19 94 Address: P. 0. Box 250 ,(SEAL) SEABOARD SURETY COMPANY Surety PDdPoa1W=L. Rosemary weaver Title Attorney-in-Fact Address: 5420 LBJ Freeway, Suite 1400 (SEAL) The name and address of the Resident Agent of Surety is: NOTE: Date of Bond must not be prior to date of Contract. AM0184D PB - 2 PAYMENT BOND STATE OF TEXAS § COUNTY OF nRnrmx § KNOW ALL MEN BY THESE PRESENTS: That JAMS PUBLIC COMPANY of the City of DENTON County of nENTON , and the State of TExAS , as principal, and SEABOARD SURETY COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto mRR crTY o nENTON , OWNER, in the penal sum of FORTY EIGHT and go/100-- Dollars ( 548.248:00 ) 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 19 day of JULY 19 94. BID # 1650 - KINGS ROW WATER & SEWER UTILITY IMPROVEMENTS to 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 pay all claimants supplying labor and material 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 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 said Principal and Surety have signed and sealed this instrument this 19th day of July 1994 . SEABOARD SURETY COMPANY Surety Address: P. E). 259- 9entan, Texas 76292 (SEAL) ~P Rrl ~d ~ 1~.P 1f !P_ Rosemary We ver _Ae~ Title Address: g;129 ;13d Fraeway, Suite 1400 (SEAL) The name and address of the Resident Agent of Surety is: AAA0184D PB - 4 JATWIF-PRRT,TC rnmPANY MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC COMPANY as Principal, and SFARnARD CRAFTY enmPANY 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 FIPTY FOUR THOUSAND EIGHT HUNDRED TWENTY FOUR and 80/100 Dollars 54.824.80 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. This obligation is conditioned, however, that: WHEREAS, said JAGOE PUBLIC COMPANY has this day entered into a written contract with the said City of Denton to build and construct BID # 1650 - RINGS ROW WATER & SEWER UTILITY IMPROVEMENTS 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 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 days failure on the part of said Contractor to comply with the terms and provisions of said contract and this 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 as Contractor executed by JAGOE-PUBLIC COMPANY and Principal, has caused these presents to be and the said QVAQnAPn gUEETY rOMPAMY as surety, has caused these presents to be executed by its Attorney-in-Fact RncamarX Waavar and the said Attorney-in-Fact has hereunto set his hand this nth day of SURETY: 19 94 SEABOARD SURETY COMPANY BY: Rosemary Weave Attorney-in-Fact PRINCIPAL: JAGOE-PUBLIC COMPANY AAA0184D MB - 2 For verification of the authenticityof this Power of Attorney you may call, collect, 9083858.3500 and ask for the Power of Attorney clerk. Please refer to the Powe ...,tl+..bed 1.. nie,., Vnrk nial 219-R97--5444. 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: YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: P. 0. Box 149104 AusTIN, TX 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. CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations uahich the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A . • Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its AAA00350 REVISED 08/02183 Cl - 1 Insurance Requirements Page 2 Wr4,11 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. • • That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage. • Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. AW0360 REVISED 08/02183 CI - 2 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1.000.000 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. AAA00360 REVISED 08102/93 CI-3 Insurance Requirements Page 4 [X) Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500.000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non-owned autos. [X) Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. [ ) Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. AAAM350 REVISED 08/02/93 Cl - 4 Insurance Requirements Page 5 [ [ Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ I Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ [ Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ 1 Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. AAA00350 REVISED 08102/83 Cl - 5 SENT BY:Denton, Texas 7-26-94 ; 8:36AM Rame & Kin Ins,- 1 817 363 7302;# 1 j; i ii 11 1 w RODUcm i.. !......01'"km..........,,,... , TINE CERTIFICATE 0 ISSUED AS A MATTER OF INFOIINATIOH ONLY AND CONFERS NO RNIITO UPON 796 OERTIPWATS HOLDER. THIS CERTFICATE `DOES NOT AMEND, EXTEND OR ALTER THE COVERAOR AFFORDED BY THI RmTxy A KIRI YIBISEEIDS POLICIES BELOW, ,Di & LDewt SVTN 7" COMPANIES AFFORDING COVERAGE DMItCn TX TBEO,- cwmy A RIWmirwo Conway Corp I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ B TAMP Wqk CaRp Bn. flaq : hpo~Publk CBRIpmy in RIII ChsNc ~ .,...C II PTL ES p m D TX 78202 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . LEITBI E THIS IB TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN 188UED 70 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NDTWTIHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE MFWIOEO BY THE POLICIES DESCRIBED HE349N IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF OUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. T 001 TYPE OF NEAIM87! POLICY NIGGER E ur j cL Y Omm E FMTM ! LIMITS DATEMOWY) ! ....b i.............................................. A ' BD+BAL LIABILITY ! CLPa1STM0 i......... ........1................................d...... 1S1Hp9 ,0bU0! ! GBA!aa ADBIEBATE is tDCaD00 e.............................. i X ' COMM MEAL Guam LASLTIr i i R1000CIFWMPAP ABC. I! { MAAB MADE !••IX ••1 C=fft! CREEP i I . . . 1 t i F i POBCWL L ADV. IWRY i! iBBECBO y....... )A ! X { IM L CCNMAMM PROT. 1 : ! 1144H 0CCURR@ICE 1oom I RAILROAD PROTECTIVE j CLPa "m A ! X . . , OBlOSISA I 1SbUB4 !PBS ONAAOE PY7' ue I* OOCCO . . . . .....................................I ! . . . i WED. EIPETMTAAy"pm"10 EWE : .....:................................................................p......................................................... A ADICMWX LAWJW ! OAPISIMIO 1NM/II Im/m SINGLE 1000008 z AHr Auro I i ! . . . . ~........I Au OMM ARCM I . . . . . BODILY NAVY ! ! ! ! ! TM,It'DIAEb AC$T! I ya pPTW , ! MIEO ALRCS DILY RA NOM-OW ED AUTCB I I i BO i 1........! GARAGE UiBLIIY i i I ....F i i L . d. . . i i PROPERTY DAMAN i! i........................... . i e............................ . . . . . . A'TDICLYLASLRY i OUPI7EEETS . . EACHo0wofe,CE 100iJ~10b 10A1fA18 16101/64 (...X UMBRELLA FORA ; ~........I CRER THAN IINBTETAA raw I j ABBIEGAIE S.....•••••.•...t000OG~ ~"v:°° : A iv^e~ ! i ` ~ I~G I i . .....i........, I. i WCRI®IM Od/D1BAT1IR1 f@IP.'a'r~''.`r". .........L.............................._!....... ,fi '!T «ikj!;«d . ' I BEAMOfY LMIIB , 'AE „,",t ! ! I j awnNu A MACdneTf ! 1000000 10tlVfB 7010,/E! ; , • DEEW - RXW LIMIT U 10om ! SAPtoYBIrLTAlI,IY i I 0180IUPIIDM OF DPBATDNGDCA710NlhH1ALATWPEC41 FrR4 RED IM • KINGS NOW WATER S SEWER UTRLTY IMPROVEMENTS ADDTIONAL INSURED: CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES S rMMAtL LD ANY OF THE ABOVE DESOMBED POLICIES BE CANCELLED BEFORE THE TION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TC CITY OF DEWMN SO OAYB WRITTEN NONOE TO THE CERTIFICATE HOLDER NAME) TO THE PURCIIASINO DEPT, EUT FAIWRE TO MAIL 8UCH NOTICE SHALL IMPOSE NO OBLIGATION OR E01LE TEXAS ST M OF ANY KIND UPON THE C OMPANY, ITS AGENTS OR REPRESENTATIVES. DENTON TX TOEDI ® RB ATM ' 8172431050 PAGE. 001 TUL 26 194 08:45 Kings Row Area Waterline Replacement BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 2.12-A 6 Inch Waterline 5,9;6 LF $ ,;?a °O /LF _ $ //91 7-20 Unit Price in Words: ,9Q/ Twek 7oLLdrZS A) t 2.12-B 8 Inch Waterline 20 LF $ 4_q QV /LF $ !~/p°_ Unit Price in Words: TGIJ -6019 l7D/LA 2S M uo C 6.4-A 10 Inch Bore and Pressure Grout 26 LF $ 175°O/LF $ 'R,V70°c' Unit. Price in Words: A)rn1c FW6 f~D~L/UZS F V,) CEyt~S 2.16 Water Service 126 EA $ 9-601WIEA $ /,c ,30VCV F Unit Price in Words: ld uuDQCL1 rFF (DcUAas400 Ct x>ES 2.14 Fire Hydrant 13 EA $ /Y!;OCO/EA $ Unit Price in Words: O,fiE ihDU5Aw0 XidEl~~+a'ip~D is I ,v SP-43 Remove Fire Hydrant 8 EA $ Zoo 1O/EA $ j L oU°D Unit Price in Words: Tu9v . 14awDkaV do ee--- FS 2.13.1-A 6 Inch Valve 7 EA $ AlzoN /EA $ ~flfO~=U Unit Price in Words: Fpttitz. UsUh uJc/lr D,-L4-i^ t Ito 2.13.1-B 8 Inch Valve 1 EA $ -52C -V /EA $ SZOCP Unit Price in Words: LIVe Uti0 u-tWf a 1 kl C6a(As SP-40-A Cut and Plug Waterline 14 EA $ i{pU OP /EA $ S1,WpO Unit Price in Words: t0 t,l2 9 U[JJ2~ O~PNJ ~ /-/D ~ t 3-A Remove Concrete Pavement 3 BY $ /By $ z7 °10 Unit Price in Words: A)mle aelZ4,es ¢ k~o 6" P - 3 Kings Row Area Waterline Replacement BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 5.8 6 Inch Concrete Pavement 3 Sy $ f{O r /SY $ izv"O Unit Price in Words: F O G O C SP-2 Concrete Saw Cut 10 LF $ <vLw /LF 5 [fpQO Unit Price in Words: Fr9uR Ao4C.A25 + A)0 Cep {s SP-42 Remove Valve Stack 21 EA $ /Sad'/EA $ 3,1SU4o Unit Price in Words: SP-37 Excavation Protection 600 LF $ ,2 °-"/LF co $ Z~ Unit Price in Words: jWo jS pLGAiLS d llv - SP-39 Project Signs 2 EA $ 35c c"~~ /EA $ 70 Unit Price in Words: 7LaE~ {~u~uq~ ,t/~ LGaRS4 iUo G~-ES 3.1 I Preparation of LS $ tifvo0 "/LS $ it gooev Right-of-Way Unit Price in Words: FOILZ /LBLLS/lH./) n ~LA,dS /LO C Y1 SP-10 Rock Excavation 1,655 CY $ ,2U ~O /CY 5 33 I~~`° Unit Price in Words: 7u9~aJ Dc~GAas ad.o E~~ 8.1 I Barricades, Warning LS /LS $ S;000T Signs, and Detours Unit Price in Words: FFxL2T~~nusnr-o vF~CL,f~~ r Gov crc.~s 1.21 1 Contractors Warranties LS $ /,/,4?(05-/LS $ 14V'gS-0O and Understandings Unit Price in Words: 2.12.8 Cast Iron Fittings 1,200 LB $ a7Z4e /LB Unit Price in Words: 7wu u[GA.et Ceu~s P - 4 Kincs Row Area Waterline Replacement BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL SP-41 Asphalt Saw Cut 15,910 LF $ /LF $ t glalF Unit. Prica in Words: SP-45 I Misc. Sprinkler System Adjustments LS $ 14004?/LS $ Unit Price in Words: /~~i4 Material and Labor Incorporated into Project $ 00p 1~0 ZS Other $ 8~ oa TOTAL $ co P - 5 Huisache Street Waterline BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 2.12-A 6 Inch Waterline 1,040 LF $ 20 /LF $ 20 Unit Price in words: ( U.l c pOL~AQ (Uc E.e.~.~S 2.16 Water Service 26 LF $ 590 '!E/LF $ /~/.3ooa? Unit Price in Words: Flat; /Lc) C6K~ 2.14 Fire Hydrant 3 EA $ /,55O!'/EA $ ~{(oSb°" Unit Price in Words: /Le wa a k` u= u idp 1 s + SP-43 Remove Fire Hydrant 2 EA $ 200ev /EA $ Unit Price in Words: [[JV uN-D,!!~ CG i Ao tEtsC.{z SP-40-A Cut and Plug Waterline 2 EA $ yOC°-" /EA $ 9cb"-' Unit Price in Words: =Etl2 (lUSWrd~ DC+/ yC+ 1 SP-42 I Remove Valve Stack 4 EA $ 190` /EA ~y $ GGu Unit Price in Words: oKE ,~(u.~d~n re ~ LLA.rs + ~✓o cEn~s SP-37 Excavation Protection 100 LF L°-" /LF $ z o~°" Unit Price in Words: TWO AcLLAasl A)c SP-39 Project Signs 2 EA $ 35ovP /EA $ 70042-° Unit Price in Words: 4cet E flwe-be w "Cr /.t '001aes VA i!en, s 3.1 Preparation of LS $ 4EcVv`'/LS $ Do0°- Unit Price in Words: iri -mil O~ OuSAAO ,~OLLA.~ ~/GV e 5 SP-10 Rock Excavation 290 Cy $ a'o°° /CY $ T;gooov Unit Price in Words: ,DoLGoes r.e.o t~s P - 6 Huisache Street Waterline BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 8.1 I Barricades, Warning Signs and Detours LS $ /,y OOO-'/LS $ jzO~vo Unit Price in Words: r- ~idu - -74v pdK-O.Qep O&C4wS iiLu GC 1.21 Contractors Warranties and Understandings LS $ j S/o ` /LS $ 3 SiG"O Unit Price in Words: (~QtE i rs - i{lua, - KoCe, 2. 12.8 Cast Iron Fittings 300 LB $ z-k-" /LB $ 7,X"' Unit Price in Words: YuiC ZX-11,01 < S~ 4.C SP-41 Asphalt Saw Cut 2,142 LF /LF $ Z ~S,Zio Unit Price in Words: 6746E a ~ ,r clcllax SP-45 I Misc. Sprinkler System Adjustment LS $ Spot/LS $ ,5-pQW Unit Price in Words: C.vt !/u o c. Materials and Labor Incorporated into Project $ / 0 0 - Other $ 5 Zj 00 TOTAL $ 73, fi5" f P - 7 Yellowstone Drive Sanitary Sewer BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 2.12-C 8 Inch Sanitary Sewer 1,113 LF $ 90~ /LF Unit Price in Words: w A1r~ iJoLLA/z5 t!~-o Cec( 2.12-D I 8 Inch SDR-26 Sanitary Sewer 744 LF $ /LF $ ,;?34VVe-A° Unit Price in Words: T',,, 21 ~ Ace /DpLGR,u d "eepa 6.4-8 I 12 Inch Bore and Pressure Grout 335 LF $ /LF $ 33,SOV"'' Unit Price in Words: CJI~-E e'/r1.vo¢eD i~oLLAt4s ~ Crx~s WS-11 Sanitary Sewer Service 5 EA $ .16C)C' /EA $ 'e/,eccf'p Unit Price in Words: 6-c PA&WO-6 ( d*t0 SP-46 Remove Manhole 1 EA $ ,zcvp~/EA $ -50CA' Unit Price in Words: - /UE f/y/I~gCL1J /_C~!/G ~ .LU eK. i -;.6-A 4' Manhole 14 EA $ i,S,Od"/EA $ d/, pO0°" Unit Price in Words: 0 eeotft, 7.6-B 4' Drop Manhole 3 EA $ ;q.ppe*4V1EA $ G,evOq) Unit Price in Words: SP-31 I Break into Existing Manhole 1 EA $ .SeO°-" /EA $ a0oco Unit Price in Words: L<~uc l~uvo ncL4fks ~ . SP-47 Remove Sanitary Sewer 123 LF /LF $ Unit Price in Words: J D u>t F /vim fJoLltrs 7.6-C Repair Junction Box 3 EA $ 2CoW /EA $ 00pO Unit Price in Words: TLtJO d s j so Ce 7.6-D Rebuild Junction Box 1 EA $ 70pP" /EA $ Z 00Q, Unit Price in Words: S cUOV uNO.2 Ejj 17 s ,eo G ttl p - 8 Yellowstone Drive Sanitary Sewer BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL SP-40-B Cut and Plug Sanitary 1 EA $ '5-woy /EA $ ,5 Uo Sewer Unit Price in Words: FlU6 L' t ct ~Y SP-37 Excavation Protection 1,612 LF $ /,:?.v Unit Price in Words: fJl1.E :7DL d ~ A.~ GetiYs 3.10.7 Hydromulch 420 Sy $ Z °6 /SY $ gyo - Unit Price in Words: c,( TWO AC-LC6 Art R c Cr y , . Y S V SP-39 Project Signs 2 EA $ ysCC"'/EA $ 700 Unit Price in Words: ~ E dadLoQ Fib 71 l/.cps ✓,2a ✓.t~ 3.1 I Preparation of LS $ 3.ooa`~/LS $ j DDOD° Right-of-Way Unit Price in Words: TNrz~ Lsks r 2v Csrsv~ SP-10 Rock Excavation 1,968 C /CY Y $ o70r=° $ y,3~,Ocu Unit Price in Words: • ~GC~[oF(J(-L DDCL.4RSd ~llY~ L~1/Lf5 8.1 I Barricades, Warning Signs LS $ -JzevvVv/LS $ y0ealty and Detours Unit Price in Words: _ l FUU R. Oo'4 p kl Ik+J C-eut e 1.21 I Contractors Warranties LS $ /LS $ c~ ~Opt1o and Understandings Unit Price in Words: rliE hBUfan.U r~ LC.4ki SP-41 Asphalt Saw Cut 2,726 LF $ / 9v /LF $ cc, 77 Z1> - Unit Price in Words: / AJc C t~ t d L~ . a ~ ,r 3.12 Temporary Erosion Control LS $ qoo" AS $ q p0°O Unit Price in Words: ~ I!L/ iA,Ps J /LO SP-45 I Misc. Sprinkler System LS $ .l00!2v/LS $ ycrJ°C Adjustments Unit Price in Words: P - 9 Yellowstone Drive Sanitary Sewer BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Material and Labor Incorporated into Project $ . / 7b Other $ 6p TOTAL $ p - 10 BID SUMMARY TOTAL BID PRICE IN WORDS I /U6 //I~nJLYL~7 S/ ~u2 %euS~cD Project Portion Work Days Bid Price Kings Row Area Waterline Replacement - $ O smgo Huisache Street Waterline _ $ 7-367Sco Yellowstone Drive Sanitary Sewer - $ 98 36-gaO ITOTAL 120 $ 5L4 S 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 1ayment for ali lawful claims for labor performed and materials furnished in 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 this proposal, shall control over extensions. CONT CTOR _22 ( - B Y: 6, 615 s zSD Street Address ✓7EA)11W) . a, 11, zt9,0-' City and State Seal & Authorization (If a Corporation) Telephone B - 1