1985-1281138L
NO ~,Zg
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 improve-
ments in accordance with the procedures of state law and City
ordinanes, 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 therefore, and
WHEREAS, Section 2 36 (f) of the Code of Ordinances requires
that the City Council approve all expenditures of more than
$3,000, and
WHEREAS, Section 2 09 of the City Charter requires that every
act of the Council providing for the expenditure of funds or for
the contracting of indebtedness shall be by ordinance,
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I
That the following competitive bids for the construction of
public works or improvements, as described in the "Bid Invita-
tions", "Bid Proposals" or plans and specifications attached
hereto are hereby accepted and approved as being the lowest
responsible bids
BID NUMBER CONTRACTOR
9463 D/FW Utility Co , Inc
9470 Dickerson Construction Co
AMOUNT
$ 84,904 64
$200,727 50
9475 Bighorn Excavation & Grading $ 13,778 00
SECTION II
That the acceptance and approval of the above competititve 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, after notification of the award
of the bid
SECTION III
That the City Manager is hereby authorzied to excecute 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, quantitites 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 day of , 1985
i, 7
CIT OF D TON, TEXAS
ATTEST
CHARLOTTD D ' EUKETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY a /Yd j, J
DATE July 2, 1985
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM G Chris Hartung, City Manager
SUBJECT BID #9463 PAYNE DRIVE WATERLINE
RECOMMENDATION We recommend this bid be awarded to the low bidder, D/FW
Utility Co , Inc for $84,904 64
SUM14ARY This bid is for the construction of a 12" water main The
bid was sent to some sixteen contractors and suppliers We
received five bids ranging from a high of $113,471 50 to
the low bid of $84,904 64 The bids seem to be of a very
competitive nature D/FW has completed work for us before
and has satisfactorily completed their contracts
BACKGROUND Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED
Utility Department - Water & Wastewater Division
FISCAL IMPACT There is no impact on the General Fund
Respectfully submitted
G Chris Hartung
City Manager
Prepared by
7
N e Johh J 'Marshall, C P M`'
ire urchasing Agent
Approved
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Nagel John 0 Marshall, C P M
T tie Purchasing Agent
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75-IZY
CONTRACT AGREEMENT lu Uf JA 3 1 1985
STATE OF TEXAS
COUNTY OF_ DENTDN ) (
THIS AGREEMENT, made and entered into this 8 day of _ July _
A.D., 1985, by and between he Eity of Dent nn
ra
of the County of Denton and State of Texas, acting through
G. Chris Hartung City Manayer thereunto duly authorized so to do,
Party of the First Part, hereinafter termed the OWNER, and
of the City of
County of Dallas
and state of i Texas , Party of the Second Part, hereinafter
termed CONTRACTOR.
i'
WITNESSETH: That for and in consideration of the payments and
agreements,
First mentioned, to be made and performed by the Party of the
First part (OWNER), and under the conditions expressed in the bonds bearing
even date herewith, the said Party of the Second Part (CONTRACTOR) hereby,
agrees with the said Party of the First Part (OWNER) to commence and complete
the construction of certain improvements described as follows:
BID #9463 PAYNE DRIVE WATERLINE
PURCHASE ORDER # 68924 for $84,904.64
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 said construction, 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 all maps, plats, blueprints, and other drawings and printed or
CA-1
0044b
N n-
wireeG explanatory matter thereof,
prepared b and the Specifications therefore, as
Y Jerrv Clark the Citv Fn.;..-
-CO e,theleat1=e~contrare act~dB a part hereof and Collectively '
y evidence and
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.
agreementINnWITNE eSa=u~ the parties of these presents have executed this
rho y day first above written.
ATTEST:
ATTEST:
APPROVED AS TO FORM:
7 Attorney
Party Seconf Part, CONTRACTOR
CA-2
0044b
;i
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF Dallas ) (
KNOW ALL MEN BY THESE PRESENTS: That
D/FW_ lltllity Co Inc
of the City of Irving
County of Dallas , and State of Texas
as PRINCIPAL, and The Travelers Indemnity 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 City of Denton
as OWNER, in the penal sum of Eiahty-Four Thousand Nine Hundred Four and 64/100----
Dollars (S 84,904.64 ) 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
with the OWNER, dated the day of
entered into a certain written contract
19_, for the construction of
which contract
is
hereby
referred
to and made
a dpart hereof as f
ll
same extent as
if
copied
at length
herein.
u
y and to the
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;
PB-1
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by
acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this
bond shall be determined in accordance with the provisions of said Article to the
same extent ae if it were copied at length herein.
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in County, State of Texas.
Surety, for value received, stipulates and agrees that no changthee,
extension of time, alteration or addition to the terms of the contract, or to
work performed thereunder, or the plane, specifications, or drawings accompanying
the same, shell in auywiae 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 thia
day of 19
/ The Travelers Indemnity Company
Pr]~lc}pal
g STitleOytj~
Addreasr /~Q / JDSI
The name and address of the Resident Agent
Suret
Title Arr p _T Fnrr
Address ~~20 O? rr,ve
-Suite 200
Dallas. Texas X5204
(SEAL)++
of Surety 1a:
%
Suite 200 Dallas Texas 75204
NOTE: Date of Bond must'not be prior to date of Contract.
PB-2
0091b
PAYHENT BOND
STATE OF,TEXAS
I( COUNTY OF Dallas
KNOW ALL MEN BY THESE PRESENTS: That D/FW Utility Companv inc
of the City of Irvin
County of Dallas , and State of Texas
, as principal, and
The Travelers Indemnity Company
authorized under the laws of the State of Texas to. act as surety on bonds for
principals, are held and firmly hound unto City of Denton
. OWNER, in the penal sum of -Ejahty-Four Thousandollars U gq 90_4,6_ )
Payment whereof, the said Principal and Surety bind themselves and their
heirs, administrators, executors, successors and assigns, jointly and severally, by
thes presents:
WHEREAS, the Principal has entered into a certain written contract
with the Owner, dated the
day of
19
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 prosection 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
provisions of Article 5160 of the revised Civil StatuIs executed uant
y the
tes of Texas as tame dedtb
acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this the
bond shall be determined in
same a tent as if iwere accordance
provisions of said Article to the
herein.
PB-3
Surety, for value received, contract
stipulates and agrees that no
extepalon Of time, alteration or addition to the term. of the
work performed thereunder, or the change,
the same, shall he an plans, specifications or drawings accom a the
waive notice of any such change affect its obligation on this bond, and it does pa hereby
terms of the contract change' extension of time, alteration or addition to the
, or to the work to be performed thereunder.
IN W1THNESS WHMEOP, the Bald Principal and Surety have signed and
Bealed this instrument this day of _ _L
19 -8 9 ,
Travelers Indemnit Company
Surety
Tithe Attorne -In-Fact
Address 3320 Oak Grove
Suite 200
Dallas, Texas
(SEAL)
(SEAL} _
The name and address of
the Resident Agent of Surety
is:
xas 75204
PB-4
0092b
Irving, Texas 75015
3602 Conflans
Irving
STATE OF TEXAS
COUNTY OF Da11aG
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS: THAT D/FW Utility Co
as Principal, and The Travelers Indemnit Com an Inc
Corporation a
Texas, as Surety, do a ebyacknowledgethemselves 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 Ei ht Thousand Four
r Dollars
totalamount of the contrac
the t for the a R-490 4fi 107. of
surety do hereby bind themselves, their p s ccess successors which
asum sssiai principal and
severally. 8nsjointly and
This obligation is conditioned, however, that:
has this day entered into arwritt n said __p
and construct
on to
City of *peciilcatious therein mentioned, adopted by the
Denton, 'are filed with the City Secretary of said City and are hereby
expressly incorporatd herein by reference and made a part hereof as though the same
were written and set out in full herein, and:
will said plans
contract, it is provided that the Contractor the
the work therein contracted to be done and performed for a per k
iod e p iofn oneod repair r
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 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.
0093b
MB-1
agreement to maintain saidu' THEREFORE, if the said
period of one (1) ear, construction and keep same
shall be nail and y as herein and said contract
force and effect. and have no further effect;
Contractor shall perform its
in repair for the maintenance
provided, then these presents,
otherwise, to remain in full
continul It Sa further agreed that
ng one against the Principal this obligation shall be a
had hereon for and Surety and that successive recoveries cay
auccesaive 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
maintenance period, and the a said work shall continue
affected from any same shall not be changed, diminished throughout said
use
Y ca during said time. . or in any manner
IN Va7MESS WHEREOF the said DIFW Ut11it Com an
these presents to ss Contractor and Inc.
and the said executed y Principal, s caused
AS Surety, The Tr Slew' Indemnit Com an
hu caused these presents to 171 Mike w nti eZecuted by Its Attorne
10 day of and the Said Attorne Y-ia-Fact
Julv 19~, y-ln-Fact has hereunto set his hand
SURETY:
•~Y1P Tr l p - T
BY:
Mi kP -'a 1~h
attorney-in Face
D/FW U44 y Co. ,
P.O. Box 153741
Irving, Texas 75015
MB-2
0093b
RELIANCE INSURANCE COMPANY
HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of
Pennsylvania, does hereby make, constitute and appoint Mike Webb, Van Weir and La Rue Jenkins, individually,
of Dallas, Texas
its true and lawful Attorney-in-Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and
undertakings of Suretyship,
and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings
obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other
of such officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VII of the By-Laws of RELIANCE INSURANCE COMPANY which became
effective September 7, 1978, which provisions are now in full force and effect, reading as follows:
ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board. of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President
or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys-in-Fact and to authorize them to execute
on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b)
to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him.
2. Attorneys-in-Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute
and deliveron behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory
in the nature thereof.
3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indem-
nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and
to copies of the By-Laws of the Company or any article or section thereof.
This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolution has not been
amended or repealed:
"Resolved,that the signatures of such directors and officers and the seal of the Company may be affixed w any such Power of
attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile
signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by
facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached."
IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has ca k sed these presents to be signed by its Vice President, and itscorporate seal to
be hereto affixed, this 18th day of April 19 03 -
RELI E IN RA CE MP NV
a =p p/ ice Pr iif _
STATE OF Pennsylvania
COUNTY OF ss. °p`~"""~a'\o
Philadelphia }
On this 18th day of April , 19 83 personally appeared Raymond MacNeil
to me known to be the Vice-President of the RELIANCE INSURANCE COMPANY,.and acknowledged that he executed and attested the foregoing
instrument and affixed the seal of said corporation thereto, and that Article VII, Section 1, 2, and 3 of the By-Laws of said Company and the Resolu-
tion, set forth therein, are still in full force.
My Commission Expires:
May 7 lg 84 r # Notary Public in and for State of
Pennsylvania
a V Residing at Philadelphia
1, J. A. Daily , Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby certify that the above
and foregoing is a true and correct copy of a Power of A(1mn xecuted by said RELIANCE INSURANCE COMPANY, which
eff ect. is still in full farce and
/
IN WITNESS WHEREOF, I have hereunto set my he d ed t~E~ eel of said Company this
1 8th- day of JULY lg
BDR-1431 Ed. 6/79 \'ro,°RnrusW~ Assistant Secretary -
CITY OF DENTON
INSURANCE [MINIMUM REQUIRL•'MENTS
Without limiting any of the other obligations or liabilities of the
Contractor, the Contractor shall provide and maintain until the
work is completed and accepted by the City of Denton, Owner,
minimum insurance coverage as follows:
TYPE OF COVERAGE LIMITS OF LIABILITY
I. WURKMEN'S COMPENSATION STATUTORY
II. COMPREHENSIVE GENERAL LIABILITY
Bodily Injury $30U,000 $1,000,UUO
Each occurance Aggregate
Property Damage $l0U,000
Each accident
lfI_ COMPREHENSIVE AUTOMOBILE LIABILITY
Bodily injury $300,000 $11000,000
Each person - Each accident
Property Damage $100,000
Each accident
A. In addition to the insurance described above, the
Contractor shall obtain at his expense an OWNER'S
PROTECTIVE LIABILITY INSURANCE POLICY with the
following limits:
BODILY INJURY PROPERTY DAMAGE
$3UU,000 each person $IUU,000 each accident
$30U,000 each accident $1;000,UUO aggregate
Covering the work to be performed by the Contractor for
the City of Denton.
B. The contractor will furnish the Owner's Protective
Policy described above and execute the Certificate
described on the following page to the City of Denton
for its approval. Insurance must be accepted before
commencing any work under the contract to which this
insurance applies.
The City of "Denton will be listed on all policies as an
additional named insured.
#U399C
BID U 9463
PROPOSAL
TO
THE CITY OF DENTON, TEXAS
For the Construction of
PAYNE DRIVE WATERLI14E
IN
DENTON, TEXAS
The undersigned, as bidder, declares that the only person or
namedeher in r that this proposalpisamade wpthoutpcollus on those
any other person, firm or corporation; that he has carefully
examined -the form of contract, Notice to Bidders,
specifications and the plans therein referred to, and has
carefully examined the locations, conditions, and classes of
materials of the proposed work and agrees that he will provide
all the necessary labor, machinery, tools, apparatus, and other
items incidental to construction, and will 'do all the work and
furnish all the materials called for in the contract and
specifications in the manner prescribed therein and according
to the requirements of the City as therein set forth.
It is understood that the following quantities of work to be
done at unit prices are approximate only, and are intended
principally to serve as a guide in evaluating bids.
It is agreed that the quantities of work to be done at unit
prices and material to be furnished may be increased or
d
iminished as may be considered necessary, in the opinion of
the
conte plated,-and complete eall quantities of fully whether planned increased
or decreased are to be performed at. the unit prices set forth
below except as provided for in the specifications.
It is further agreed that lump sum prices may be increased to
cover additional work ordered by the City, but not shown on the
plans or required by the specifications, in accordance with the
provisions to the General Conditions. Similarly, they may be
decreased to cover deletion of work so ordered.
P - 1
It is understood and agreed that the work is to be completed in
full within thirty-five (35) working days.
Accompanying this proposal is a certified or cashier's check or
Bid Bond, payable to the Owner, in the amount of five percent
of the total bid. -
It is understood that the bid security accompanying this
proposal shall be returned to the bidder, unless in case of the
acceptance of the proposal, the bidder shall fail to execute a
contract and file a performance bond and a payment bond within
fifteen days after its acceptance, in which case the bid
security shall become the property of the Owner, and shall be
considered as payment for damages due to delay and other
inconveniences suffered by the Owner on account of such failure
of the bidder. It is understood that the owner reserves the
right to reject any and all bids.
The undersigned hereby proposes and agrees to perform all work
of whatever nature required, in strict accordance with the
plans and specifications, for the following sum or prices, to
wi,t:
P - 2
a17
BID SUMMARY
TOTAL BID PRICE IN WORDS LG/,
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.
Each proposal page or project included may constitute a separate bid and
will be considered for that portion of the entire project. Awards will be
made separately or in combination, whichever is considered the lowest
and best evaluated offer to the City of Denton, Texas.
Unit and lump-sum prices as shown for each item listed in this proposal,
shall control over extensions.
Seal & Authorization
(If a Corporation)
Telephone 7/~ _ 7To 3~!'?
- P-3
City and~8tate
BID # 9463
PON
BID TABULATION SHEET
PAYNE DRIVE WATERLINE
Item Description
W-1 12" PVC Watermain
W-2 12" Gate Valve
W-3 8" Gate Valve
W-4 6" Gate Valve
W-5 Fire Hydrant
W-6 24" Steel Bore $ Casing
W-7 8" Plug
W-8 Cast Iron Fittings
addendum Received
Unit Bid Quantity Unit Price Ext Tot
LF 1847 24'-" /LF 4, s !9 ~
EA 3 i~ra!' /EA 2 7ou
EA 1 d.'Pa o/ EA UO o,
EA 3 3,4.:5r EA / / 5 5 0
EA 1 EA a
LF 350 0O0
EA 1 14`cv1EA /DO oO
LB 0 /LB ap
: f'O4 G4
TOTAL
r-
~Cl
P - 4
DATE July 2, 1985
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM G Chris Hartung, City Manager
SUBJECT BID #4+70 C I P UTILITIES, SECTION A
RECOMMENDATION We recommend this bid be awarded to the low bidder,
Dickerson Construction Co , for the amount of
$200,727 50
SUMMARY This bid was advertised and sent to the usual list of
some nineteen suppliers and contractors We received only
three bids with a large spread from a high of $294,798 00
to the low $200,727 50 We have, however, checked
Dickerson's item prices and do not find them to be off that
far from some former accepted prices I do not find any item
where there is an obvious error
BACKGROUND Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED
Capital Improvements Programs
FISCAL IMPACT There is no impact on the General Fund
Respectfully submitted
G Chris Hartung
City Manager
Prepared by
u1~ . ll✓' L' l P'
Na% ~}bfir( J Marshall , C F M
/Pi le Purchasing Agent
Approved
Name / Jot(n 'J "Marshal I , C P M
T,Ttie Purchasing Agent
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STATE OF TEXAS
CONTRACT AGREEMENT
COUNTY OF DENTON
Y5- /V
THIS AGREEMENT, made and entered into this -8 'day of July
A.D., 19 85, by and between the City of Denton, Texas
of the County of Denton and State of Texas, acting through
G. Chris Hartung City Manager thereunto duly authorized so to do,
Party of the First Part, hereinafter termed the OWNER, and
Lewis Dickerson dba Dickerson Construction Co., Inc., Box 181
of the City of Celina
and state of Texas
termed CONTRACTOR.
County of
Party of the Second Part, hereinafter
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the Party of the
First part (OWNER), and under the conditions expressed in the bonds bearing
even date herewith, the said Party of the Second Part (CONTRACTOR) hereby
agrees with the said Party of the First Part (OWNER) to commence and complete
the construction of certain improvements described as follows:
Bid #9470 C.I.P UTILITIES SECTION A
Eur ha Ord r # 68929
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 said construction, 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 all maps, plats, blueprints, and other drawings and printed or
CA-1
0044b
written explanatory matter thereof, and the Specifications therefore, as
prepared by
.parr Si fla~lr !'i ±;i Fn9inaor
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
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.
IN WITNESS WHEREOF, the parties of these presents have executed this
agreement in the year and day first above written.
ATTEST:
i
ATTEST:
rt,
By
APPROVED AS TO FORM:
City Attorne
CA-2
0044b
(SEAL)
5 a
STATE OF TEXAS
COUNTY OF HARRIS
-BOND NO. 612-4552
COMPLAINT NOTICE
Shou.U. ary -_dispute arise_about_
your-premium'o'r about a claim
PERFORMANCE BOND f oratwrte ftlodthencompanyatthat
issued the policy. If the problem
is not resolved, you may also write
the State Board of Insurance,
Department C, 1110 San Jacinto,
Austin, TX 78786. This notice of
complaint procedure is for infor-
mationp only and does not become I
a part for condition of this policy.
P1ID LLbIIS D. DIC~, , MEN BY THESE PRESENTS: That DICKERSON'CONSTRUCTION CO. INC.
INDIVIDUAL , of the City of CELINA
Countv of COLLIN , and State of TEXAS
i
as PRINCIPAL, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND
r
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 CITY OF DENTON, TEXAS
as OWNER, in the penal sum of Two Hundred Thousand Seven Hundred Twenty-Seven
and 50/100------ Dollars 200,727.50 ) 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``f:
WHEREAS, the Principal has entered into a certain written contract
with the OWNER, dated the TH day of iULy , 1985 , for the, construction of
which contract is hereby referred to and made a dpart hereof
same extent as if copied at length herein. .
fully and to
i
NOW, THEREFORE, the condition of this obligation i's 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 heretolannexed, then this
obligation shall be void: otherwise to remain in full force and effect;
PB-1
C
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by
acts of t11e 56th Legislature, Regular Session, 1959, and all !liabilities on this
bond shall be determined in accordance with the provisions of said aid Article to the
same extent as if it were copied at length herein. i
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in COLLIN 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 anywise affect its obligation on this bond,~and it does hereby
waive notice of any such change, extension of time, alteration 'r 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 17TH day of JULY 19 85 .
DICKERSON CONSTRUCTION CO., INC. FIDELITY AND DEPOSIT
AND LEWIS D. DICKERSON, INDIVIDUAL COMPANY OF MARYLAND
Pri cipal
By
.
Title e,
Surety
IC2
IREGf~qIA PIZZO
Title ATTORNEY-IN-FACT
Address P.O. BOX 181
CELINA, TX 75009
Address
. wti
(SEAT) 2
_ (SEAL)
The=name ,.and address of the Resident Agent of Surety is:
"«hi:?•r.CrtPS
WILLIAM H. RATZ & ASSOCIATES, INC.
2925 BRIARPARK #150, HOUSTON, TX 77042
NOTE: Date of Bond must not be prior to date of Contract.
i
PB-2
0091b
r
PAYMENT BOND
STATE OF TEXAS
I
ND NO:
612-4552
COUNTY OF HARRIS
i
AND LESJIS D. G L MEN BY THESE PRESENTS: That DICKERSON CONSTRUCTION CO. INC.
INDIVIDUAL of the City of CELINA
County of COLLIN and State of TEXAS as princiIpal, and '
FIDELITY AND DEPOSIT COMPANY OF MARYLAND l}
authorized under the laws of the State of Texas to act as surety on bonds for
principals, are held and firmly hound unto THE CITY OF DENTON,ITEXAS
, OWNER, in the penal sum of Two Hundred Thousand
Seven Hundred Twenty-Seven and 50/100- Dollars! ($-2Q0,727. 50
for the payment whereof, the said Principal and Surety bind themselves and their
heirs, administrators, executors, successors and assigns, jointly and severally, by
thes presents:
WHEREAS, the Principal has entered into a certain written contract
with the Owner, dated the 8TH day of JULY 19 85
BID $9470 C.I.P. UTILITIES SECPION A
PURCHASE ORDER #68922,
to which contract is hereby referred to and made a part hereof as fully and to thr•
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 prosection 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 Article 5160 of the revised Civil Statutes of Texas as amended by the
acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this
bond shall be determined in accordance with the provisions of said Article to the
same extent as if it were copied at length herein. E
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, shah In anywise affect its obligation on this bond', and it does hereby
waive notice of any such change, extension of time, alteration or addition to the
terms of the contract, or to the work to be performed thereunder.
IN WITHNESS WHEREOF, the said Principal and Suety have signed and
sealed this instrument this 17TH day of JULY 19 85
DICF~ CONSTRUCTION CO., INC. FIDELITY AND DEPOSIT
AND LEWIS D. D7C'KERSON, INDIVIDUAL COMPANY OF MARYLAND
.Principal Surety
BY vZ' q
dz~w
RegEiia Pizzo -
Title 9e" Title Attorney-in-Fact
Address P.O. BOX 181
Address 2925 BRLARPARK #150
CELINA, TX 75009 HOUSTON, TX 77042
3 .(SEAL) (SEAL)-.'#
The>,,namevand``address of the Resident Agent of Surety is:
WILLIAM H. RATZ & ASSOCIATES, INC.
2925 BRI)PLRPARK #150, HOUSTON, TX 77042
PB-4
0092b
d
i
i
j BOND NO: 612-4552
MAINTENANCE BOND
STATE OF TEXAS
COUNTY OF HARRIS
CONSTRUCTION
LEP7IS D. DICKERSON KNOW ALL MEN BY THESE PRESENTS: THAT mUl}K)1tSO1I Anm
ra0
INDIVIDUAL as Principal, and FIDELITY AND DEPOSIT COMPANY OF
MARYLAND 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 `
Twent Thousand Seventy-
Two and 75/100----------------------------- Dollars 20,072.75 10%, of
the total amount of the contract for the payment of which sum Isaid principal and
surety do hereby bind themselves, their successors and asssigns, jointly and
severally.
This obligation is conditioned, however ,'that:
DICKERSON CONSTRUCTION CO., INC. AND
WHEREAS, said LLWIS D. DICIaRSON,IINDIVIDUAL
has this day entered into a written contract with the said City of Denton to b
and construct BID ;9470 C.I.P. UTILITIES, SECTION Al
wnicn 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 incorporatd 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 I 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 ithe part of said
Contractor to comply with the terms and provisions of said contract and this bond.
0093b MB-1 I i
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 (i) 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. I
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. I
IN WITNESS WHEREOF the said DICKERSON C
AND LEWIS D. DICKERSON, INDIVIDUAL as Contractor and P
these presents to be executed by FIDELITY AND DEPOSIT COMPANY
and the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND
as surety, has caused these presents to be executed by its Atto
REGENIA PIZZO and the said Attorney-in-Fact has t
this 17TH day of JULY 19 85
SURETY:
FIDELITY AND DEPOSIT
COMPANY OF MARYLAND
BY:
'ttorne}
act
PRINCIPAL:
DICKERSON
AND LEWIai
MB-2
RUCTION CO., INC.
ipal, has caused
MARYLAND
-in-Fact
into set his hand
CO., INC.
INDIVIDUAL
t
0093b
t
POWER OF ATTORNEY
Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, a New Jersey Corpora-
tion, has constituted and appointed, and does hereby constitute and appoint William H. Ratz, Carole Kamman, Maryanne Wilson
and Regenia Pizzo of Houston T
, exas------------------------- 1
each its true and lawful Atlorney-in-Fact to execute under such designation in its name and to affix its corporalet;
surety thereon or otherwise, bonds of any of the following classes, to-wit: !ff
1. Bonds and Undertakings filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magi;
specified in such Bond or Undertaking.
2. Surety bonds to the United States of America or any agency thereof, including those required or permitted undo
or
Board or Internal Revenue; License and Permit Bonds or other indemnity bonds under theyp laws, ordinances or ref
lion bonds,hMiscelllaneor oranization, ous Surety bonds and bonds on behalf Transortation siPublic, heriffs, Deputy riffs
3. Bonds on behalf of contractors in connection with bids, proposals or contracts.
to and deliver for and on its behalf as
for the doing or not doing of anything
laws or regulations relating to Customs
=n y State, City, Town, Village,
bonds, Workers' Compensa-
similar public officials.
In Wltn s Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By-Laws, caused these Presents to be signed by its Assistant Vice-President and Assistant Secretary and its
corporate seal to be hereto affixed this 2nd dayol September 19 83
Corporate Seat
FEDER
By
STATE OF NEW JERSEY
County of Somerset ss.
Gains 2nd dayof Se tember 19
SURANCE COMPgNY, me cot p 83 .before me personally came Richard D. O'Connor to me known and by me known to be Assistant Secretary of the FEDERAL IN-
pumtion described in and which executed the foregoing Power of Attorney, and Ine said Richard D. O'Connor being by me duly sworn, did depose and say that he is Assistant Secretary
of IN FEDERAL INSURANCE COMPANY and knows the corporate seal thereof, that the seal anterior to the foregoing Power of Attorney is such corporate seal and was thereto affixed by aulnonly of the By-Laws
of said Company, and that he synod said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with George McClellan and knows him to be the Assistant Vice President
of said Company. and Our the signature of said George McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subscribed by authority of said
BY Laws and in deponents waxence 1{
y....., t
Notarial Seal .'.yoiICIA
Lo Rj
V
Acknowledged Ng TII tt y ged and Sworn to before me
I~ op-the9aie above whiten.
/r
PUBLIC l--
N .max No ry Public
PAI RIGA RYAN
w•~~-w J(.fiSF'~. CERTIFICATION
4•^• NOTARY PUBLIC OF' NEW/1/qi~EX
STATE OF NEW JERSEY 1
County of Somerset ss. My Commission Expires December, 11. 1983
J
I, the undersigned. Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby comfy Ina, the following Ia a true excerpt born the Bylaws of the said Company ae adopted by its Board of Directors
on March 11, 1953 and meet recently amended March 11, 1983 and that this By Law is In full force and effect t
"ARTICLE xVlll.
Section 2. All bonds. undertakings, contracts and other instruments other than as above for and on behalf of the Company which ,t is autnonzed by law or its charter to execute, may
and shall be executed in IN name and on behalf of the Company either by the Chairman or the Vice-Chairman or the President or a Vice-President, Jointly with the Secretaryor an Assistant
secretary, under their respective designations, except that any one or more officers or ettorneys-ip-fact designated in any resolution of the Board of Directors or the Executive Committee,
or in any power of allorney executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney.
Section 3. All powers of allpmey for and on behalf of IN Company may and shall be executed in the name and on behalf of the Company. either by IN Chairman or the Vice Chairman .,the President
or a Vice President or an Assistant Vice President, faintly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed
or lithographed."
I fuller canily that Said FEDERAL INSURANCE COMPANY is duly licensed 10 transact fidelity and surety business in each of the Slates of the United Slates C
Provinces of Canada with the exception of Prince Edward Island, and is also duly licensed to become sole suretyon bonds, undertakings, etc., permuted or ho
1. the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is in full force and effect.
Given under my hand and the seal of said company a1 warren, N.J.,
Corporate Seal
17th
4e
JULY
Form 21 1003331Ed. 783) GENERAL
1
area, District of Columbia, PO-no Rico, and each of the
bylaw.
1
85
PRIFTED
U. A
Assailant Secretary
I
BID # 9470
PROPOSAL
TO
THE CITY OF'DENTON, TEXAS
For the Construction of
1985 Utility CIP Section A o
l
IN
I
DENTON, TEXAS
The undersigned, as bidder, declares that the only person or
parties interested,in this proposal as principals arelthose
named herein, that this proposal is made without collusion with
any other person, firm or corporation; that he has carefully
examined the form of contract, Notice to Bidders, j
specifications and the plans therein referred to, and has
carefully examined the locations, conditions, and classes of
materials of the proposed work and agrees that he wi113provide
all the necessary labor, machinery, tools,- apparatus, and other
items incidental to construction, and will do all the work and
furnish all the materials called for in the contract and
specifications in the manner prescribed therein and according
to the requirements of the City as therein set forth. j
i
It is understood that the following quantities of work to be
done at unit prices are approximate only, and are intended
principally to serve as a guide in evaluating bids. I
It is agreed that the quantities of work to be done atlunit
prices and material to be furnished may be increased or
diminished as may be considered necessary, in the opinion of
the City, to complete the work fully as planned and
contemplated, and that all quantities of work whether increased
or decreased are to'be performed at the unit prices set, forth .
below except as provided for in the specifications. t.
It is further agreed that lump sum prices may be increased to
cover additional work ordered by the City, but hot shown on the
plans or required by the specifications, in accordance1with the
provisions to the General Conditions. Similarly, they may be
decreased to cover deletion of work so ordered.
P - 1
It is understood and agreed that th.e
full within one hundred (100) working
Accompanying this
Bid Bond, payable
of the total bid.
work is to be c
days.
eted in
proposal is a certified or cashier's check or
to the Owner, in the amount of five percent
It is understood that the bid security accompanying this
proposal shall be returned to the bidder, unless in case of the
acceptance of the proposal, the bidder shall fail tolexecute a
contract and file a performance bond and a payment bond within
fifteen days after its acceptance, in which case the bid
security shall become the property of the Owner, andIshall be
considered as payment for damages due to delay and other
inconveniences suffered by the Owner on account of such failure
of the bidder. It is understood that the Owner reserves the
right to reject any and all bids.
The undersigned hereby proposes and agrees to perform all work
of whatever nature required, in strict accordance with the
plans and specifications, for the following sum or prices, to
wit: `
}
P - 2
BID #9470
BID SUMMARY
TOTAL BID PRICE IN FIORDS
S
)A ,-y a Y z
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 belaccepted, 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 andifinal.
Each proposal page or project included may constitute a sepagate bid and
will be considered for that portion of the entire project. Awards will be
made separately or in combination, whichever is considered the lowest
and best evaluated offer to the City of Denton, Texas.
Unit and lump-sum prices as shown for each item listed in thiI proposal,
shall control over extensions.
/h
CONTRACTOR
BY Il f
q
Street Address 0 l
City and State
Seal & Authorization
(If a.Corporation)
Telephone
P 3
BID TABULATION SHEET
1985 UTILITY CIP - SECTION A
BID I« 9470
PO $
I
I
I
I UNIT
I I
I ITEM
I DESCRIPTION
I QUANTITY
I UNIT
I PRICE
TOTAL I
I
I
I W-1
I
1 6' PVC Water Line
I
I
1 50,00
I
I
I LF
I
I
I Z0,
~
~
I I
I lGoo, I
I W-2
1 8' PVC Water Line 1
3,120.00
I LF
I
I
v_
I I
I
1 (
8
I
I
I
I
20
I (
o f
03
I'
I W-3
1 10' PVC Water Line 1
631.00
1 LF
I
~sO
I
I
I
I
I I
I
Zz
I 1
~y ~9~ 3~
I I
I W-4
I 12' PVC Water Line 1
561.00
I LF
1
'
I I
I
I I
I I
Zs'.
~
1 I4,ozs, I
I W-5
I
I 12' Ductile Iron Water Line 1
I I
160.00
I LF i
I I
z5.f=
I 4,0«,• I
I W-6
I
1 6'.Valve 1
F
5.00
I EA
I
I
I W-7
I
I 8' Valve I
I
6.00
1 EA 1
So. i=
~
3,Soo . 1
I W-8
I
I
I 12' Valve I
I
1.00
I I
1 EA 1
950,
~
I _
I W-9
I
I
1 6' Fire Hydrant 1
i
3.00
I I
I EA 1
850.,= I
~
I I
y5s°.
I W-10
I
I
1 8' Fire Hydrant I
I
1.00
I I
I EA 1
I
1000.r°= I
I
l,oo°. 1
I W-11
I
13/4' Water Service I
72.00
I I
1 EA 1
I I
10°.-- 1
I
/4, v°°•'' I
I I
I W-12 1
I I
I
1' Water Service 1
5.00
I I
1 EA 1
~ I
qO°'~{ l
i
Z"O°~ 1
I W-13 1
I
1 1/2' Water Service i
15.00
I I
1 EA I
a
Soo. 4 I
_
T 5°~'° I
I I
I W-14 1
I
Connect Service to Exist Meterl
92.00
I I
1 EA I
I
15o-'T 1
_ 1
13, goo.' 1
I W-15 1
24' Bore and Casing 1
150.00
I LF 1
1-0O'
_ I
'57'
°
1104-AI
Remove Conc. Pavement 1
50.00 1
Sy 1
zs'
~ I
I
°
1104-BI
I I
Remove Conc. Curb and Gutter I
20.00 1
LF I
/O•°, I
I
1 104-CI
I I
Remove Walks and Drives I
45.00 1
Sy 1
i0,°~ 1
I
4so.
1340-BI
I
I
Asphalt Patch (Type D) I
I
400.00 1
I
ton I
) I
1
I
~z.0ao.°'
1
I
I 360 i
I
Conc. Pavement 8' 1
I
30.00 I
I
sY 1
1
3 s. I
1
/,°so.
I i
I 421 I
Conc. Encasement I
15.00 1
CY
I
1Z S^ I
I I
1522 1
I
Conc. Curb and Gutter I
I
20.00 1
I
LF 1.
15.'=
I
I
300. -
I I
1524-AI
I
Conc. Drive 1
I
63.00 1
I
SY I
27.':
I
. I
I
I
I I
I SP-2 I
Saw Cut Existing Concrete 1
350.00 1
LF I
S.•
I
7so
I I
I SP-3 1
I I
I
Conc. Headwall I
I
1.00 1
I
CY I
175.°
I
I
y75•'=
I
I I
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0. BOX 18i - CcuNA, TEXAS 75009 - (214) 382-2123 OR 382-2761
;3, June 1985
City of Denton
c/o Purchasing
D::nton, Texas
Dear Sirs:i
Tnis is to'qualify
our.bid as follows.
1. If rock is encountered it will be excavated at the
price of $25.00 (twenty-five dollars) per cu. yd.
t.
2. Asphalt patch (type D) will be paid for- by the tonnage
shown on ticket where purchased. Thisi,item 340-B will
cover all asphalt patching that the contractor,
Dickerson Const. Co., Inc. will be required to patch.
i
3. All staking ;will be done in advance of1progress of
work and any delays from staking or City of Denton
needing to make a decision about any changes from
the plans or specifications the contractor will be
paid by the hour for all men and equipment that is
shut down for any delays. If Dickerson Const. Co.,
Inc. has to move from work site because of such
delays they will be compensated for time lost plus
any moving cost incurred. It
4. Since the waterline shown on plans is
2' from curb all curbs damaged during
will not be the responsibility of the
5. -If any line is,to be deeper than call
plans or specifications there will be
any extra depth of trench.
tb be located
construction
contractor.
edk for `on the'
.e' tra pay for
Tnese qualifications will become a part of our proposal and if.
accapta~ will become a part of the contract #9470 with the
it De
i
cker on Const. Co., Inc.
Lewis Dickerson - President
-D/ch
CITY OF DENTON
INSURANCE MINIMUM REQUIREMENTS
Without limiting any of the other obligations or liabilities of the
Contractor, the Contractor shall provide and maintain until the
work is completed and accepted by the City of Benton, Owner,
minimum insurance coverage as follows:
L1
I
II
III.
WORKMEN'S COMPENSATION
STATUTOR
COMPREHENSIVE GENERAL LIABILITY
Bodily Injury
Property Damage
$300,000
Each occurance
$1,000,000
Aggregate
$100,000
Each accident
COMPREHENSIVE AUTOMOBILE LIABILITY
Bodily Injury
Property Damage
$300,000
Each person
$1,000,000
Each accident
$100,000
Each accident
A. In addition to the insurance describe
Contractor shall obtain at his expens
PROTECTIVE LIABILITY INSURANCE POLIC
following limits:
BODILY INJURY
PROPERTY DAMAGE
above, the
an OWNER'S
with the
$300,000 each person $100,000 each accident
$300,000 each accident $1,000,OUO aggregate
Covering the work to be performed by the Contractor for
the City of Denton. I
#0399c
B. The contractor will furnish the Owner '4s Protective
Policy described above and execute the Certificate
described on the following page to the City of Denton
for its approval. Insurance must be accepted before
commencing any work under the contract to which this
insurance applies. !t(
The City of Denton will be listed on all policies as an
additional named insured. }
CERTIFICATE OF INSURANCE
THIS IS TO CERTIFY that the following policies, subject to their terms, conditions and exclusions, have been issued by
the company or companies shown below:
THIS CERTIFICATE OF INSURANCE neither affirmatively or negatively amends, extends or alters the coverage afforded by
the policy or policies shown below, nor is it an endorsement making the person, firm or corporatibn at whose request it is issued an
additional insured on the policy or policies refereed to herein.
In the event of any material change in or cancellation of the policy or policies, the company or companies MIT mail ten (10)
days' written notice to the party to whom this certificate is addressed, j
NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED
DATE:
r
REMARKS:
City of Denton
901-B Texas St. Bid ll
Denton, TX 76201
L Attn: John J. Marshall, C.F.M.
Purchasing Agent
iJAfviE AND ADDRESS OF INSURED:
Insurance Company
Type of Insurance
Policy
Effective
Expiration
Number
Date
Date
LIMITS OF LIABILITY'
Workmen's Compensation
and
Statutory
.
Employers Liability
Employers Liability Limits-$100,000
Comprehensive
Bodily Injury
General Liability
3 Each Occurrence
Aggregare Prc,l¢
Property Damage
$ Each Occurrence
S Aggregate Operations
3 Aggregate Protective
$ Aggregate Contractual
I aggregate r•rooucts
$ & Completed Operati..
Comprehensive
Bodily Injury
t
Automobile Liability
"
$ Each Person
3 Each Occurrence
Property Damage
4
S Each Occurrence
'Absence of any appropriate entry means no such insurance is in force. NAME AND ADDRESS OF AGENCY
"Covers all owned, non-owned or hired vehicles. f
PHONE NUMBER. OF AGENCY Authorized Representatives of the Insurance Companies referred to obuv
C1_2
_ t
INSURANCE
L
m
t
u
m
c
E
s
"
t
LL
CERTIFICATI
kl__.
ce-as of the date of this certificate. This'
] to the certificate holder, whichever date
listed. Notwithstanding any requirement,
ay pertain, the insurance afforded by the
This is to certify that the "policy or policies listed below have been issued to the named insured and a4, in'
Certificate shall remain in effect until the listed expiration date, if any, or until 10 days after written
shall first occur. notice is m;
This certificate is not an insurance policy and does not amend, alter or extend coverage afforded by the polir
term or condition of any contract or other document with respect to which this certificate may be issued or
policies listed is subject to all the terms of such policies.
r%immc A AUUHtaa vt (LRnFlCATE HOLDER
City of Denton
Purchasing Department
901-B Texas Street
..Denton, Texas 76201
Attn: Mr. John Marshall
Texas EMF3LOYeRS
snSuRance ASSOCIaTIOn
1
Texas EmPLOYeRS
InoemnfTY company
EfT1PLOYeRS' casua LTY -
.,.a9Sti+.5Y:.+w.S+SY
company='~~•""'~--
EmPLOyeRS nLarlonaL
fnsURance company
ETPLOYeRS Ca SUa LTY
I CORPORaTIOn
EmPLOYeRS NaTLonaL
InsuRance CORPORarlon
L
EMPLOYeRS OF Texas
F LLOYD'S
AUUXtJS
Dickerson Construction Co.. Inc.
P. 0. Box 181
Celina, Texas 75009
a
S
0
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E
0
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W
FOR INSURANCE IN FORCE
Ex
iration
LIMTS OF LIABILITY NOT LESS THAN
Kind Policy N"mbar
p
Dats
Each Perro cud
P
ar PrII"
°"°"`.I
STATE AND
Or
A'a-ti.l.
Per P.liry Pr.riaiem Per Peliry Preririem
LOCATION OF
OPERATIONS
9
7 Pat 1 e
Fully Complies With Requirements of
° 73073
0
Texas Workeri Compensation Law
w
Co"era a
Disease Only Disease Only
STATE OF TE%AS
Part II
And Renewal
11 Blank -
Thereof
Sea Heading
$100,000 $100 000 $500 D00
Cerero a
Part
Fully Complies With Re ement.
quir
0
N/A
f State law
Diseme Only
Disease
C.vemga Part II
-And Renawal "
` If BI 4 ' ct+>.-
,
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Tbere.l
Se. Heading
$)00,000
$)00,000
5500,000'
Bodily
'
S
$
$
"j""
827336*
XXXX
500 000
P,.d.cr, only
U
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ITS TERRITORIES OR
"
Property
Dama
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And Renewal
Th
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If Blank -
x
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le Li
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.
.
POSSESSIONS AND CANADA
g
ereo
See Heading
x x
p
Bodily
$
$
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Injury
Not
A
livabl
e
PP
U.S.A. ITS TERRITORIES OR
Properly
And Renewal
If Blank -
Nat
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POSSESSIONS ANDCANADA
Damage
Thereof
-
See Heading
xxx
$
Appli
cable
$
$
-
rcial
652166
XXXR
1.000,00
x1,000,00
lla
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eof al
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If Blank -
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See Heading
$
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em
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x
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And Renewal
If Blank -
Thereof
See Heading
$
$
$
HtMAXRJ *Policy Includes Blanket Contractual, Products b Completed Operations
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TE O 17993~(4 1-84)
i_ u
k
EFFECTIVE DATE OF. THIS
`July r29.'r 198
1. Sherian,` Texas
DATE July 2, 1985
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM G Chris Hartung, City Manager
SUBJECT BID #9475 DEMOLITION & CLEARING OF LOTS #3
RECOMMENDATION We recommend this bid be awarded to the only bidder on this
project, Bighorn Excavation & Grading Co , for the total
amount for all projects of $13,778 00
SU1414ARY This bid was sent to sixteen prospective vendors/contractors
This is the same list we have sent before receiving some four
to six bids However, for the last two bids for this type work,
Bighorn has been low and in some cases way low We have awarded
two other bids to Bighorn, and they satisfactorily completed
the work We have examined this bid carefully and find that item
5 may be some high but in line Therefore, we are recommending
the total bid award
BACKGROUND Tanulation Sheet
Memo from the Department
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED
This is on a Grant program
FISCAL IMPACT There is no impact on the General Fund Payment will be made
only with the completion and acceptance of each project or item,
or the completion of the total combined projects as bid
Respectfully submitted
G Chris Hartung
City Manager
Prepared by
Nlme,4 John J Marshall, C P M
Title 'Purchasing Agent
Approved
Names J Marshall, C P M
Tytle purchasing Agnet
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1052L
THE STATE OF TEXAS §
COUNTY OF DENTON §
7; I
JUL 2 41985
d ii
DEMOLITION & CLEARANCE CONTRACT
This Agreement is made on the _ 8 day of July , 1985,
between V.t•i. Dicksi n db
of
the City of Denton, County of
Denton ,
State of Texas, hereinafter referred to as "Contractor"
and the
City of Denton, Texas, a Municipal Home Rule Corporation, herein-
after ::zferreu to as "City".
In consideration of the mutual covenants contained herein and
other good and valuable consideration, the Contractor and City
agree as follows:
1. Contractor will dismantle and carry away all of the
materials as agreed to and specified in Attachment "A" entitled
"Scope of Services" and made a part of this agreement herein, for
the structure and/or improvements situated on the prope:•ty located
at the addresses indicated on the attached proposal for Bid #9475
and
described more particularly as follows: Purchase Order #68920
The premises
shall be left clean and free from all rubbish and debris.
2. Contractor will provide all labor and materials and furnish
and erect, at its own expense, whatever equipment or work may be
necessary for the expeditious and proper execution of its duties
hereunder.
3. Contractor will secure, at its own expense, all permits,
licenses, franchises, and consents required by law or necessary to
perform its work and will give all notices and pay all fees and
otherwise comply with all applicable city, county, and state laws,
ordinances, rules and regulations.
4. Contractor will begin work within ten (10) days of the
execution of this contract and complete the same by the 9 day
of August 19 85 Should contractor at any time refuse
or neg ect to supply a sufficient number or amount of properly
PAGE 1
r
skilled workmen, materials, or equipment or fail in any respect to
prosecute the work with promptness and diligence, or fail to
perform any of the agreements of this contract, City may, at its
election, terminate the employment of Contractor, giving notice to
Contractor in writing of such election, and enter on the premises
and take possession, for the purpose of completing the work
.included under this agreement, all of the materials, tools, and
appliances belonging to Contractor, and to employ any other person
or persons to finish the work and to provide the materials
therefore at the expense of the Contractor.
5. Contractor shall not commence performance of the services
enumerated in Section 1 hereof until he has confirmed that all
utility services have been disconnected.
6. Contractor will be in full charge and assume all liability
of the dismantling and clearing away of.the material, brick, wood,
and other substances off said property. Contractor, his agents,
and servants,will:be liable and responsible for all damage done to
other property adjoining the property so described.above and shall
be responsible and liable for any damage done to any person that
might be injured while said material is being removed or for any
damages resulting from failure to disconnect utility services.
Furthermore, the Contractor will indemnify the City against all
suits or claims arising out of. Contractor's performance of 'its
duties under this contract, regardless of who makes the claim or
whether the claim is based on the alleged negligence of Contractor.
Contractor will defend all such actions at its own expense,
including attorney fees, and will satisfy any judgment rendered
against the City in any such action.
7. City will pay to Contractor, as consideration for the ser-
vices rendered hereunder, the total sum of Thirteen Thousand
Seven Hundred Seventy-Eight and no/100====== Dollars within ! ten (10)
days from the date of completion of this contract in a manner
satisfactory to the City.
PAGE 2
8. The contractor shall secure and maintain the following
insurance coverage during the term of this contract:
a) Workers' Compensation and Employer's Liability
Insurance for all persons engaged in the work at
the site as required by State Law;
b) Public Liability Insurance in an amount not less
than One Hundred Thousand Dollars ($100,000) for
personal injuries, including accidental death, to
any one person; and in an amount not less than
Three Hundred Thousand Dollars ($300,000) for
personal injuries or death in any one accident;
c) For injury or destruction of property not less than
One Hundred Thousand Dollars ($100,000) in any one
event;
d),Certificates of Insurance evidencing such coverage
shall be provided to the City of Denton Community
Development Block Grant office prior to the
beginning of work;
e) All insurance policies shall be issued by insurance
companies duly authorized to do business in the
State of Texas.
4~:k
CONTRACTOR
CITY OF DENTON, TEXAS
or
BY: BY:
G. HA
CITY MANAGER
RIC S EHLA
ASSISTANT CITY MANAGER
PAGE 3
.r
PURCHASING DEPARTMENT
City of Denton
901-B Texas St.
Denton, Texas 76201
BID INVITATION
CITY OF DENTON, TEXAS
Date May 28, 1985
BID NUMBER 9475
BID TITLE DEMOLITION & CLEARING OF LOTS
Bighorn Excavating & Grading
Dick Dicksion
Rte 3, Box 3302
Denton, TX 76201
Sealed bid proposals will be received until 2:00 p.m.
lttnp 18, 1985 , at the office of the
Purchasing Agent, 901-B Texas St., Denton, Texas 76201
For additional information contact
JOHN J. MARSHALL, C.P.M. TOM D. SHAW, C.P.M.
PURCHASING AGENT ASSIST. PURCHASING AGENT
Office
817-566-8311
DIFW Metro
817.267-0042
INSTRUCTIONS TO BIDDERS
1. Sealed bid proposals must be received in duplicate, on this form, prior to opening date and time to.be considered. Late
_ proposals will be returned unopened. -
2. Bids shall be plainly marked as to the bid number, name of the bid, and bid opening date on the outside of completely
sealed envelope, and mailed or delivered to the Purchasing Department, City of Denton, 901-8 Texas St., Denton, TX
76201.
3. Any submitted article deviating from the specifications must be Identified and have full descriptive data accompanying
same, or It will not be considered.
4. All materials are to be quoted FOB Denton, Texas, delivered to the floor of the warehouse, or as otherwise indicated.
5. The City of Denton, Texas reserves the right to accept separate items in a bid unless this right is denied by the bidder.
6. In case of default after bid acceptance, the City of Denton, Texas may at its option hold the accepted bidder or contractor
liable for any and all resultant increased costs as a penalty for such default. - '
7. The City of Denton reserves the right to reject any and all bids, to waive all informalitles and require that submitted bids
remain in force for a sixty (60) day period after opening or until award is made; whichever comes first. .
8. The quantities shown maybe approximate and could vary according to the requirements -of ,the City 'of Denton
throughout the contract period.
9. The Items are to be priced each net. (Packaging or shipping quantities will be considered.)
10. The Purchasing Department assumes responsibility for the correctness and clarity of this bid, and all information and/or
questions pertaining to this bid shall be directed to the City of Denton Purchasing Agent.
it. Any attempt to negotiate or give information on the contents of this bid with the City of Denton or its representatives
prior to award shall be gounds for disqualifications.
12. The conditions and terms of this bid will be considered when evaluating for award.
13. The City of Denton Is exempt from all sales and excise taxes. (Article 20.04-B)
WD NUMBER 9475 BID PROPOSALS
r
Page 2 of 19
ITEM
STOCK NUMBER DESCRIPTION
QUAN.
PRICE
AMOUNT
1.
Demolition and clearing work at 904 Industrial.
1
a S
1. Remove partially burned house.
2. Remove all trash, debris, dead trees and bushes.
3. Do not disturb wooden fence on back of lot.
4. Grade lot smooth for mowing.
5. Work to be completed in t1 days after
issuance of Purchase Order.
2.
Demolition and clearing work at 720 Cook.
1
` v
1. Remove partially burned house.
2. Remove all debris, junk, trash and dead trees
and bushes.
3. Do not disturb any vehicles on lot.
4. Grade lot smooth for mowing.
5. Work-to be completed in / days after
issuance of Purchase Order.
3.
Demolition and clearing work at 706 5 708 Paisley.
1
SG
1. Old Barn or.garage on rear of lot.
2. Trash and old car parts around garage and fence.
3. Trash and rubbish inside chicken yard.
4. Leave yard level for mowing.
5. Remove fence in order to haul off the trash,
then reinstall fence.
6. Do not disturb :residential houses on the lots.
7. Work to be completed in /s,1 days after
issuance of Purchase Order.
TOTALS
3
We quote the above f.o.b. Denton, Texas. Shipment can be made in days from receipt of order. Terms
net if not otherwise indicated.
In submitting the above bid, the vendor agrees that acceptance of any or all bid items by the City of Denton, Texas within a
reasonable period of time constitues a contract.
Date Bidder
s_
bt.
'F}I DNUMBER 9475 BID PROPOSALS
a
Page. 3 of 19
ITEM
STOCK NUMBER DESCRIPTION
QUAN.
PRICE
AMOUNT
4.
Demolition and clearing work at 710 Frame.
1
SG
1. Removal of leaning wooden garage on (northeast)
section) reat of lot.
2. Removal of all trash, rubbish and junk around
the exterior and inside of the structure.
3. Leave lot smooth for mowing.
4. Do not disturb main residential structure.
5. Work to be completed in s y days after
issuance of Purchase Order.
5.
Demolition and clearing work at 501 N. Wood.
1
J 7
1. Remove structure including foundation and concrete
steps.
2. Remove all debris, junk and bushes.
3. Work to be completed in 'Z, b days after
issuance of Purchase Order.
6.
Demolition and clearing work at 75' x 200' size lot
1
>
in northeast corner of Normal and W. Oak St. known
as 208, 210, & 212 Normal St.; 1510, 1512, 1514 W. Oak
also partially burned apartment attached to 214
Normal.
1. Demolish and remove partially burned garage
apartment attached to 214 Normal.
2. Remove all debris, trash and junk from around
garage apartment and from previous demolition
sites at 208, 210 and 212 Normal; 1510, 1512,
1514 W., Oak.
3. Do not disburb the two white two story houses
located at 204 & 214 Normal. Do not remove
anything in the immediate vicinity of the two
above mentioned houses.
4. Remove all dead trees and brush.
' - TOTALS
3
We quote the above f.o.b. Denton, Texas. Shipment can be made in days from receipt of order. Terms
net if not otherwise indicated.
In submitting the above bid, the vendor agrees that acceptance of any or all bid items by the City of Denton, Texas within a
reasonable period of time constitues a contract.
Date
Bidder
Title Signature
',131D'NUMBER 9475 BID PROPOSALS
D
Page-. 4-. of 19
ITEM
STOCK NUMBER DESCRIPTION
QUAN.
PRICE
AMOUNT
6.
Normal and W. Oak St. continued.
5. Grade lot smooth for mowing.
6. Refer to attached map for specific details.
7. Work to be completed in I- days after
issuance of Purchase Order.
7.
Demolition and clearing work at 516 A 518 E. Prairie.
1
/ L 9 z
1. Finishing of incomplete demolition.
2. Removal of all trash, rubbish, junk, small trees
or bushes and dead trees.
3. Leveling and grading of the lot smooth for mowing.
4. Work to be completed in IL)- days after
issuance of Purchase Order.
NOTE:
The Contractor will furnish proof of insurance prior
to bid award. .
All debris, brush, lumber, trees, etc. must be
disposed of according to Ctiy ordinances/policy
and state statutes.
This bid will be awarded in the best interest of the
City of Denton to the lowest, qualified, approved
bidder; and may be awarded by item or location rather
than the total for all locations.
l`~C fS: ./1J dorfs er
TOTALS
/71
17,
We quote the above f.o.b. Denton, Texas. Shipment can be made in days from receipt of order. Terms
net if not otherwise indicated.
In submitting the above bid, the vendor agrees that acceptance of any or all bid items by the City of Denton, Texas within a
reasonable period of time coonstitues a contract.
Date Z'' 0 J~ Bidder ACV ~X 0✓pe ~ Yd~rH9
Title PW/v FR Signature