1985-065
0923L
NO
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 AMOUNT
9410 Jagoe-Public Company $86,412 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,
quantitates and specified sums contained therein
PAGE ONE
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 A
PASSED AND APPROVED this the ~ day of April, 1985
Al"AW-U TSTEWAR7, MAYOR -V
CI 1Y OFD TON, TEXAS
ATTEST
C R E AL CITY SE
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY ZIA?a %YIILA'►~l
PAGE TWO
W,
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON )
THIS AGREEMENT, made and entered into this 5 day
of Ai)ril 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 co, Party of the First Part,
hereinafter termed the OWNER, and Sagoe-Public Co.,
P.O. Box 250
of the City of Denton , County of Denton
and state of Texas Party of the Second Part,
hereinafter termed CGNTRACI'uR.
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 (CUNTRACPUR) hereby agrees
with the said Party of the First Part (OWNER) to commence and
complete the construction of. certain improvements described as
follows:
Bid #9410 - Woodrow-Spencer Steet Tie-in
Purchase Order #67588
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, ana other accessories ana
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
mats, plats, blueprints, and other drawings and printed or
CA-1
written explanatory matter tnereof, and the Specifications
therefore, as prepared by Jerry Clark, City Engineer
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 CONTRACTUR in current funds the
price or prices shown in the Proposal, wnich 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:
City of Denton ~J 6-A.
Party of the First Part, Party of the Jecond Part,
(Owngr) ~ Jcontrac~orj
By
-G: Chris H stung, City Manager
~ a
i
_ ^SEAL ~
ATTEST'
APPROVED AS TO PORA-
Ci y orney
CA-2
r THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A311
Performance Bond
KNOW ALL MEN BY THESE PRESENTS: that Jagoe-Public Company
(Here insert full name and address or legal title of Contractor)
P.O. Box 250, Denton, Texas 76201
as Principal, hereinafter called Contractor, and, Seaboard Surety Company
(Here insert full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto City of Denton
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, in the amount of Eighty Six Thousand Four Hundred
Twelve and 20/100-------------------------- Dollars 86,412.20
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated April 5 , 19 85 entered into a contract with Owner for
Bid #94-10, Woodrow-Spencer steet and paving improvements
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND •AIA
FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C..20006
i
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform
said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or defaults under the contract or contracts of completion
extension of time made by the Owner. arranged under this paragraph) sufficient funds to pay the
Whenever Contractor shall be, and declared by Owner cost of completion less the balance of the contract price;
to be in default under the Contract, the Owner having but not exceeding, including other costs and damages
performed Owner's obligations thereunder, the Surety for which the Surety may be liable hereunder, the amount
may promptly remedy the default, or shall promptly set forth in the first paragraph hereof. The term "balance
of the contract price," as used in this paragraph, shall
1) Complete the Contract in accordance with its terms mean the total amount payable by Owner to Contractor
and conditions, or under the Contract and any amendments thereto, less
21 Obtain a bid or bids for completing the Contract in the amount properly paid by Owner to Contractor.
accordance with its terms and conditions, and upon de- Any suit under this bond must be instituted before
termination by Surety of the lowest responsible bidder, the expiration of two (2) years from the date on which
or, if the Owner elects, upon determination by the final payment under the Contract falls due.
Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for
bidder, arrange for a contract between such bidder and the use of any person or corporation other than the
Owner, and make available as Work progresses (even Owner named herein or the heirs, executors, adminis-
though there should be a default or a succession of trators or successors of the Owner.
Signed and sealed this 5th day of April 1985
Jagoe-Public Company
`l (.n,'.~Ctit.Y>°'~ • IPrinCi .tl) ISeaq
(Wilness)
YriTillc)
CORROON & BLACK/ELLIS GROTTY PONlER ✓ e s - t•-. ✓t w ~
8300 DOUGLAS AVE. SUITE 700
DALLAS, TEXAS 75225 Seaboard Surety Company
Tel. (214) 987-2100
1AIrNyq (Seal)
(Wiln<s<)
G. E. Easley, - ITiue) Attorney-in-fact
V
AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND. • AIA O ~fl
FEBRUARY 19711 ED. • THE AMERICAN INSTITUTE or ARCHITECIS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 r
n 2'
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A311
Labor and Material Payment Bond
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that Jagoe-Public Company
(Here insert full name and address or legal title of Contractor)
P. 0. Box 250, Denton, Texas 76201
as Principal, hereinafter called Principal, and, Seaboard Surety Company
(Here insert full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto City of Denton
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the
amount of Eighty Six Thousand Four Hundred Twelve and 20/100-------
(Here insert a sum equal to at least one-haif of the contract price) Dollars 86 , 412 . 20
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated April 5, 19 85, entered into a contract with Owner for
Bid #94-10, Woodrow-Spencer street and paving improvements
in accordance with Drawings and Specifications prepared by
f (Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AIA DOCUMENT A311 • PERFORMANCE. BOND AND LABOR AND MATERIAL PAYMENT BOND AIA
FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 3
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all
claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the
Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol-
lowing conditions:
1. A claimant is defined as one having a direct con- accuracy the amount claimed and the name of the party
tract with the Principal or with a Subcontractor of the to whom the materials were furnished, or for whom
Principal for labor, material, or both, used or reasonably the work or labor was done or performed. Such notice
required for use in the performance of the Contract, shall be served by mailing the same by registered mail
labor and material being construed to include that part of or certified mail; postage prepaid, in an envelope ad-
water, gas, power, light, heat, oil, gasoline, telephone dressed to the Principal, Owner or Surety, at any place
service or rental of equipment directly applicable to the where an office is regularly maintained for the trans-
Contract. _ action of business, or served in any manner in which
legal process may be served in the state in which the
2. The above named Principal and Surety hereby aforesaid project is located, save that such service need
jointly and severally agree with the Owner that every not be made by a public officer. -
claimant as herein defined, who has not been paid in b) After the expiration of one (1) year following the
full before the expiration of a period of ninety (90) date on which Principal ceased Work on said Contract,
days after the date on which the last of such claimant's it being understood, however, that if any limitation em-
work or labor was done or performed, or materials were bodied in this bond is prohibited by any law controlling
furnished by such claimant, may sue on this bond for the construction hereof such limitation shall be deemed
the use of such claimant, prosecute the suit to final to be amended so as to be equal to the minimum period
judgment for such sum or sums as may be justly due of limitation permitted by such law.
claimant, and have execution thereon. The Owner shall
not be liable for the payment of any costs or expenses c) Other than in a state court of competent jurisdiction
of any such suit. in and for the county or other political subdivision of
the state in which the Project, or any part thereof, is
3. No suit or action shall be commenced hereunder situated, or in the United States District Court for the
by any claimant: district in which the Project, or any part thereof, is sit-
uated, and not elsewhere.
a) Unless claimant, other than one having a direct
contract with the Principal, shall have given written 4. The amount of this bond shall be reduced by and
notice to any two of the following: the Principal, the to the extent of any payment or payments made in good
Owner, or the Surety above named, within ninety (90) faith hereunder, inclusive of the payment by Surety of
days after such claimant did or performed the last of mechanics' liens which may be filed of record against
the work or labor, or furnished the last of the materials said improvement, whether or not claim for the amount
for which said claim is made, stating with substantial of such lien be presented under and against this bond.
Signed and sealed this 5th day of April 19 85
Ja oe-Public Company
Principal) (seau
v
- (Witness)
CORROON & BLACK/ELLIS CROM POWERS ride)
8300 DOUGLAS AVE. SUITE 700 F ✓1~
DALLAS, TEXAS 75225
Tel. (214) 987-2100 Seaboard Surety Company
(Surety) 6ca0
(Witness;
E. Easley, (Tide) Attorne_7:7in- act
AIA DOCUMENT A711 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA 03 ±t r
FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 N.Y. AVE., N.W., WASHINGTON, D. C. 2(ii '1 4
v~bc~~
MAINTENANCE BOND
K1101,7 ALL MEN BY THESE PRESENTS, that we, Jagoe-Public Company
as Principal, and
Seaboard Surety Company as Surety, are held
and firmly bound unto City of Denton
(hereinafter called the Obligee) in the penal sum of Eight Hundred
Sixty Four and 00/100----------------------- Dollars 864.00 )
to which payment well and truly to he made in lawful money of the United
States we hereby bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas, the Principal
entered into a contract with the Obligee dated April 5, 1985
for Bid #94-10 Woodrow-Spencer street and paving improvements
AND, WHEREAS, the Obligee requires a guarantee from the Principal
against defective materials and workmanship in connection with said
contract;
NOT!, THEREFORE, if the Principal shall make any repairs or replacements
which may become necessary during the period of one year (1)
from date of acceptance because of defective materials or
workmanship in connection with said contract, of which defectiveness
the Obligee shall give the Principal and Surety written notice within
fifteen (15) days after discovery thereof, then this obligation shall
be void.; otherwise it shall be in full force and effect.
All suits at law or proceedings in equity to recover on this bond
must be instituted within twelve (12) months after the expiration
of the maintenance period provided for herein.
Signed, sealed and dated this 5th day of April , 19 85
Ja oe-Public C mpany
Principal
L
CORROON & BLACK/ELLIS CROTTY POWERS By
8300 DOUGLAS AVE. SUITE 700
DALLAS, TEXAS 75225 Seab and Surety Company _
Tel. (214) 987-2100 Surety
By
G. E. Easley A orney=inFact
0 1>226 wew~Y^orlE New York
P_OWE FATTORNEY
_~n- -
~KNOWAll MEN Bl'THESE PRESENTS That SEABOARD`SURTY C M
OP Y
AN a:orporatlo of the State of New YoFk has-
aed constituted na ap`pomted snd by these presents does make; constitute and appoint~Willard Croty o
games N =Powers or Tom P-Ellis =III or;Pefer A Rush=or Wa11- am G Klingman=or DE uMi=Bn
C orn, Jr o~G E ley Rose a y eav r
its Deanda fulAtt ne in=F ca tca t tom ka e~ e> cut anddeliveco fain ehaifins rau nce_ licfe sus ret1 r n9 bond and rtakf aria
~hermstrum ot=simile aturezas follow ;Wig hot --taton`- s~_~
Such f` ranc`hcle~surety b ds un`dertakmgs'an_ ~rn> aments:tor-s_purposes whew duy executedsby aforesai
`ttor=fact shall b= mdtngupon t~ `saw ompy=ully_a` to;th extent ass if siged by the=duly a ~tho(ii
~o_ffi e`s` ff^= any--and sealt_ with f~ _~corporat-~ i; and aifth` ` `ac_o_f`fd`Attorne t_.pursuant=to_the`a`uthori\ty
by g=v =arm by raU~ci and confirmed
`This appolntm~m~t i~_ade pursuant to th= Ilowmg Byslw_whlcti were:duly adopted by the Board of,Directors:of_the said
Go~p`y on=Dece r 8th 1927; with:Amendments:fo and:incluiiing J_an ry'5 1982 and:arest~ll fulhforc- and`effe ,
`RTICLE VII :SECTION 1
Pollaesr -:oonds recogntzances:slip ufetlons,consentaofwrery_urMerwriting undertakings _ and:instrumedts:relating:theret~
Insprence pobeies bontls-.recognizances at~putahons consentsosuretyand'undenvntmg,untlertakmgsof the Company-andtelease_s3agreemen_Y_S flrM Otfie`
iritings relating-ii an on-
y wayttie~eto or to -any claim orlossthereuntler, shalfbesignatl m [he-name antl behalf of theCompany
w -
l(a) bythe Chapman of the Board SAe President=a_Vice Presttlent ore ResiCent VicrFresttlent a^tl'by theu4ecre!MJn Assiatant;SecretaryaResident
MiSecretary fiestdentASSist~antSecretary (b) y an- U- y liFact for-he_Company_appomt&an4authoraedb>_thechair mamof-t`he:Bord [he
dent ore Vice-Presitl `makesuoh>signature; or(c) bys=ch(o%e`ific orrepresentet`ves as thelBuard~mayi~rom t1itE4 time de eIne
Th^ alof the.C mpa~hail`ropri~e~fftxed7theretto': n ioffir.Atlomey it eCFOr`~esentativ
N ITN WHEREOF SERBORRD S~=> Y COMPANY has used, t=se presents to besgned by off= its°Vic
Presidents and Its.porat` a be-hereunto affixed and cJuly'atte, e~yone _its°AsslstantSecretane5?this
ZSYh
dayof-Jt11y--:: X19.84__.
e - c -Attest%-- ~SEABO D` URETY COMPANY_
~'rorncw?(Seal)
_ ASSis eni
ESTATE OF`NEW YORK
,COUNTY OF=NEW Y v-
Onahi~ s 25th day-o~ JulY.._........ ...x_19-84 l fore-me personauy=app_eareda
Mama P~Gorke ~
„ Vice-P~den` SEAB.QARD~ ETY COMPAN=
wit whom I am personally acquainted who, being by me duly sworn said~4haY h„esside the State o=New Jers y`=
that he is a Vice President of SEABOARD SURETY COMPANY the corporation described in and which executed the feregofng
instrument that he knows the corpo ~sealof theme said Company- hat the seaCaffixedfo said insteume i issuch corporaw at
xthaiii sow ffixedby derof:theBoardofDirectors:ot aidlci pang sgnedhisn me'.thereto .Vice_P_resid-tnf'
`sai any by I~I~e aautvY_
=G Sy N1 t C SILtMCNS~
otary Vubl` State o-=yourk_
e8(j'FyY \ w_ Cuah ietl, n Oue ns_6ounty`
ivricateG\i n In NCw Y-irk CuuMy~ n~ _ `l NotaryP--u6li
* _ U LIC - a. mmtsaiorv< Aires i,arc,3 t986C E R T I F i=C A TE
,F ,L eph _ r`rgned Assistant5ecretaryof SEABOARD SURETY_COMPANy do hereby certrtfythat the /original,Powerof Attorney.o4which the foregoipg is
a_. tiue~c~o?rect copy i5 in1u11aorceentleflecibnlhetlete ofthis Cenihcateandldofurthercertifythatthe:Vice-PreSrtlentwhoexecutetltfiesaitlEowerOf
Ano~neywas:on of theOflicer horiz=bythesB`rd of^Dpectors io:app_-oint;an attorney in=f_act asiprovided mArticle VII Sectwn 1 otth`_-Byjaws:o`=
SEABOARD SURETY COMPANY--~--'
Tins Certificate mayb_esigned _s~ ea d byasimile,undecanA b~y the foilowmgre lu ion of.the Eaecutive.Committ eeof;the Board o
`Dpectors o1 SEBOARD:SURETY COMPANY aYa em etin duly=ce~tea ~ndhel0 on ttG
RESOLVE[ 25th day of_ -March 1970-~
SOLVED (2~That`he use o`printed f`stmite otthe corporat se eel of the Company-and o(the-sig t era un of a setant Sacretaryon~ `ny=
--certdicallon ofthe correctbes~s okaycoDY_oRan:mstrum0ntexecuted!bythe:President ore Vicew resideetpu> rsuanttoArticle Vli.Sectwnt-.of the By-Lawr
pp=inning antl ua thonzing=an attorney_In fact fo sign in the-name and on-behalf of the Company surety bonds; underwirting,unCertakieg3'Oi`oihe
aments=SCnC_ed in said Anc~le Vl`_Section=~th Ilke=ect-as ifsuch seal a`tl suctSSi`gn~tu~eha` been-_ma` wally afli"~herel
au..6zed:and approved"
WITNESSWHEREQ ve hereunto set my ha n ff xed-the corporateseal=of th ompany to the-presents this
esuacry_ day_O ^f. - 19
ASSistant' if
G[x4~1- form-957 RevaL84
Forverifi attionof the authentic of this Power of Attorney you may call, collect, 212-943-7440 and ask for the Power of Attorney clerk. Please referto the Power
O~ ISSUE DATE (MM/DD/YY')
® 4/12/85
PRODUCER CORROON & BLACK/ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
ECUs Cf =.L rmm- .S & CCPlwazY, Er. NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
8300 D0U(ZM AVENUE, SUITE 700
DALLAS, TKMS 75225 COMPANIES AFFORDING COVERAGE
COMPANY A D7Q~-'H RIVE+"t xNSURAagm~ CCY`naIA
LETTER
NCOMPANY B L^TPL'EWITIONF:L xNSURAt!
INSURED LETTER CE CC ak,,IY
JAGDE-PUBLIC COMPANY COMPANY
P. O. EiGX 250 LETTER C MISSION NATIONAL INSURANt E COMPANY
DENYON,. TE>V S 76201 COMPANY D
LETTER
COMPANY E
LETTER
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 CONDI-
TIONS OF SUCH POLICIES.
LT TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS
LTR DATE (MWDDMO DATE NIWDD/WI EACH AGGREGATE
OCCURRENCE
GENERAL LIABILITY BODILY
INJURY $
COMPREHENSIVE FORM
l F_
PROPERTY
UNDERGROUND 540 782 641 8 0-1-84 0-1-85 DAMAGE $ $
J_ D(PLOSION & COLLAPSE HAZARD
E PRODUCTS/COMPLETED OPERATIONS
R CONTRACTUAL CBI & PC
OMBINED $500, ,400,
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE -
PERSONAL INJURY PERSONAL INJURY 400,
ROAD F MM 07,
AUTOMOBILE LIABILITY BONLY
INURY $
$ ANY AUTO IRA KRSW/
ALL OWNED AUTOS (PRIV. PASS.) 1 OWLY IKM
ALL OWNED AUTOS (OTHER PAASSS. 140 765 541 0 10-1-34 110-1-85 1 DFND $
X. HIRED AUTOS PROPERTY
X NON-GWNED AUTOS DAMAGE $
F COMBINED GARAGE LIABILITY 81 & PD $
500,
EXCESS LIABILITY
UMBRELLA FORM MN 03 58 17 0-1-94 0-1-85 S MBNED 0,30
OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION 408 367 514 10-1-84 10-1-85 STATUTORY
~00 (EACH ACCIDENT)
AND
EMPLOYERS' LIABILITY Pr O^0 (DISEASE-POLICY LIMIT)
"2SLOa (DISEASE-EACH EMPLOYEE)
OTHER
JOB: BID #94-10, Vbodro Spencer eet and wing improvements
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS
SHOULD ANY OF THEE -AB4YE, DESCRIBED. POLICIES BE NCELLED BEFORE4HE EX-
PIRATIO{~ DATE THEREOF, THE ISSUING CO ! `WILL ENDER R TO
CITY OF DENTON MAIL 10 DAYS WRITTEN NOTICE TO THE CW A . XJL9ER NAMED TO THE
LEFT, BUT FAILURE TO L- CHNOTICE SHALL IMP 081 K' ' N OR UABILTTY
DENTON, TEXAS OF ANY KIND UPON fl R 1.
[AUTHORIZED REPR TAT E CORROON &
inis C101'i ~L & OQDFP4Y LV
BID # Q41f1
PROPOSAL
TO
THE CITY OF DENTON, TEXAS
For the Construction of
Bell-Eagle Intersection Improvements
Spencer-Woodrow Tie-In
IN
DENTON, TEXAS
The undersigned, as bidder, declares that the only person or
parties interested in this proposal as principals are those
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, 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
diminished as may be considered necessary, in the opinion of
the City, to complete the work fully as planned and contem-
plated, 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.
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 (3O) working days - Bell Eagle-Intersection
thirty (30) working days - Spencer-Woodrow Tie-In
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 pro-
posal 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
wit:
j
P - 2
BID s 9410
PO# /
GGG SPENCER-WOODROW TIE-IN
BID TABULATION SHEET
Item Description Bid Ouantity Unit Price Ext Total
100 Preparation of Right-of-Way lump sum $ Oooo /L.S. $ /D non. 00
110 Unclassified Excavation 1217 C.Y. $ 75 /C,Y, $ 7 q 75
132 Compacted Fill 730 C.Y. $ 210-0 /C.Y. $ ao_c
260 6" Line Subgrade. 4495 S.Y. $ /,a:5' /S,y, $ G/ ,7~
264. Type A--Hydrated Line 40 T.N. $_2L°_° /T.N. i20.00
340-A1 4 1/2" Asphalt Base Type "G" " ype G 4075 S.Y. $ ,P'f
/S.Y. $33o.ca
340-A2 1 1/2" Asphalt Base Type "D"' 4075 S.Y. /S.Y. $/2.02/•25
432 Concrete Ripcap 33 L.F. $ /L. F. $ X91,.
465-A 4811 RCP 45 L.F. $1.410.~/L.F.. $ 3oc.oo
465-B 48" Safety Ends (G:1) 1 E.A. $/8Gb /E.A.. $ POO,O=
470 Junction Box 1 E.A. $4=o /E.A. $ 3eoo.oo
522 Concrete Curb and Gutter 836 L.F. $ 75 /L. F.
$g o~
524 Concrete-Flatwork 23 S.Y.
BID TOTAL S-~G ~2 2 J
BID # 9410
PO#
BELL-EAGLE INTERSECTION IMPROVEMENTS
BID TABULATION SHEET
Item Description Bid Quantity Unit Price Ext To
100 Preparation of Right-of-Way L.S. $ /L.S. $
104-A Remove Concrete Pavement 200 S.Y. $ /S,y, $
104-B Remove Curb & Gutter 23 L.F. $ /L.F. $
.04-B1 Remove Integral Curb 915 L.F. $ /L.F. $
260-S Trevira Paving Mat 1024 S.Y.. $ /S.Y. $
360 8" Concrete Pavement 1024 S.Y. $ /S.Y. $
432 Class B Concrete Riprap 470 S. Y., $ /S,Y, $
520 Integral Curb 2000 L.F. $ /L.F. $
S P-2 Sawcut.(Existing Concrete) 150 L.F. $ /L.F. $
TOTAL BID $
1
dendum Received
U
ternate #1
432-S "Pavestone" Unistone 470 S.Y. $ /S,Y, $
P-3
BID SUMMARY
TOTAL BID PRICE IN WORDS ®o c( a W a
ki 0. V. eo P1
/O o u,r ~l r w /
O//acre
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.
Onit and lump-sum prices. as shown-for each item. listed in this
proposal, shall coatr.ol over extensions.
CONTRACT R.
BY /
V / ✓CS. - ✓la n Cp
Street Address
City and State
teal 6 Authorization
if a corporation) ?112 2~~0 I
Telephone
P - 5
DATE April 2, 1985
CITY COUNCIL REPURT F0101AT
TO: Mayor and Members of the City Council
DRUM: G. Chris Ilartung, City Manager
SUBJ 6CT: BID #9410 BELL-EAGLE/WOODROW-SPENCER INTERSECTIONS -
IMPROVEMENTS
ILfiCUMDIENUATION: We recommend this bid as submitted for both Bell-Eagle and
Spencer-Woodrow be rejected. We then recommend that the alternate
low bid be accepted for the Spencer-Woodrow Intersection, as
submitted by Jagoe Public Co., for $86,412.20.
SUt•1M AR Y: .We submitted this bid to several vendors of which Calvert Paving
and Jagoe Public are local contractors. 'We received only one
bid complete from Calvert Paving for the total of $182,640.45.
After careful evaluation and consideration, we found that the
Bell-EAgle project was bid some $32,000.00 more than our budgeted
amount. We, therefore, cannot award this portion of the bid.
BACKGROUND: Jagoe Public bid an alternate on Spencer-Woodrow only, with a
total of $86,412.00 as shown on the attached bid proposal sheet.
Tabulation Sheet and Bid Proposal
FRUGIUV-1S llE1'ARTNL::11TS Olt G11UUFS AFFECTED.
Capitol. Improvements to connect the intersection of
new-old Woodrow and Spencer Road.
FISCAL 114FACT:
ltespectfuiiy submitted:
T"-CLrr-H-11a L'uug
City Manager
Pre ared b
e o J. Marshall, P.M.
tle Purchasing Agent
App ved
I+ e n Marshall, C.P.M.
tie purchasing Agent
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LEGAL DEPARTMENT
MEMORANDUM
Debra Adami Drayovitch, City Attorney
Joe D. Morris, Assistant City Attorney
Robert B. Bunter, Assistant City Attorney
TO: Rick Svehla, Assistant City Manager
FROM: Debra A. Drayov itch, City Attorney
SUBJECT: Bell-Eagle & Woodrow-Spencer Bids APR 11995
DATE: March 27, 1985 CITE' Uf DEVTON
PURCHASING DEPT.
You have requested an opinion as to whether the City may legally
reject all bids on the above-referenced projects and then award a
bid to a bidder who bid on only one of the street projects. The
relevant bid specifications do not provide that a bid can be made
on one, project or .both; however, the specifications contain two
separate bid tabulation sheets: one for Bell-Eagle and one for
Woodrow-Spencer. Calvert Paving Corporation filled out both
tabulation sheets and Jagoe-Public Company only filled out the
tabulation sheet for the Spencer-Woodrow project.
The first issue presented is whether the City Council has the
legal right to reject all bids. on the Bell-Eagle project and then
accept the low bid on the Spencer-Woodrow project. The law is
quite clear that the statutory bidding process contemplates that
all bidders be placed upon the same plane of equality and that
they each bid upon the same terms and conditions involved in all
the items and parts of the contract and that the proposal specify
as to all bids the same or substantially similar specifications..
Sterrett v. Bell, 240 S.W.2d 516, 520 (Tex.Civ.App.-Dallas 1951,
no writ).
In addition, the law is well settled that a governing body may not
accept a bid. with conditions different from those set out in the
bid specifications- See Attorney General Opinion MW-449 (1982).
Texas Hihwa Commission v.. Texas Association of Steel Importers,
nc., ex. terrett v. e , supra.
Furthermore, a governing body may not accept a i w is is not
based upon advertised specifications. This requirement cannot be
satisfied when a bid is qualified in a manner not contemplated by
the specifications, i.e., when it is not based upon the criteria
by which all bidders are given to understand their bids will be
judged. See Attorney General Opinion MW-299 (1981).
Rick Svehla
March 27, 1985
Page Two
In the present. fact situation, the bid specifications provide for
two tabulation sheets, indicating to the bidder that he may bid
on one or both projects. As the bid specifications provide for
two tabulation sheets, I assume that Staff intended to have the
discretion to accept the bids for one, or both projects.
Certainly, Jagoe thought it could bid on one project and not the
other. Moreover, Calvert submitted its costs on both projects
and would be hard pressed to claim that the costs indicated for
the Spencer-Woodrow tie-in did not in fact constitute its bid for
that project.
Should Calvert claim that it did not understand that it could
submit a bid on one project and not both,. another legal issue is
presented, to-wit: are the specifications clear and
unambiguous? Obviously, Calvert would have a good argument that
they are not.. In that event, case law dictates that the
governing body not accept the bids and rebid so that all bidders
have an opportunity to bid on the same basis.
CONCLUSION
From the format of the bid specifications, it appears reasonable
that a bidder may submit a bid on one or both projects. Indeed,
Jagoe obviously thought this was the case. Accordingly, the City
Council may reject the bids on the Bell-Eagle project and accept
the low bid on the Spencer-Woodrow project. However, Calvert
might have a good argument that the bid specifications are
ambiguous and unclear, in which event the bids should be
rejected. As Calvert has split out the two bids and the bid on
Woodrow-Spencer is $14,000 higher than Jagoe's, he would be hard
pressed to complain.
Should you have any questions relative to this matter, please
advise.
DEBRA A. DRAYO H
DAD: js
xc: Chris Hartung
John Marshall