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2011-034
ORDINANCE NO. 2011-034 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR EAGLE DRIVE DRAINAGE IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4623-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, HUMPHREY AND MORTON CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $1,478,128.30). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 4623 Humphrey and Morton Construction Company, Inc. $1,478,128.30 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. 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 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the P daYof 2011. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-ORD- 4623 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 1 day of March A.D., 2011, by and between City of Denton of the County of Denton and State of Texas, acting through George C. Cam-pbell thereunto duly authorized so to do, hereinafter termed "OWNER," and Humphrey & Morton Construction Company PO Box 8057 Fort Worth TX 76124 of the City of Fort Worth, County of Tarrant and State of Texas , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid 4623 - Phase I Eagle Drive Drainage Improvements in the amount of $1,478,128.30 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: Teague Nall and Perkins Inc. all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee. benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or ornissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 Right to Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, docu vents and other evidence pertaining to this - agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. CA-3 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: LOU AQ .4 of Denton OWNER BY: (SEAL) ATTEST: J APPROVED AS TO FORM: p ANX- BURGESS, CIT ATTORNEY CONTRACTOR rf. (,4j o rdi -7~Z - 7(~ ~z MAILING ADDRESS q q g- go g PHONE NUMBER B TITLE PRINTED NAME (SEAL) CA-4 Bond No. 46BCSFRI749 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Humphrey & Morton Construction Company, Inc. whose address is P.O. Box 8057, Fort Worth, Texas 76124 hereinafter called Principal, and Hartford Fire-Insurance Company , a corporation organized and existing under the laws of the State of Connecticut, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of One Million Four Hundred Seventy Eight Thousand One Hundred Twenty-Eight and 30/100 DOLLARS ($1,478,128.30 ) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2011-034 , with the City of Denton, the Owner, dated the 1st day of March A.D. 2011, for Bid #4623-Phase I - Eagle Drive Drainage Improvements. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PB - 1 Bond No. 46BCSFR1749 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., 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 or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed i four copies, each one of which shall be deemed an original, this the 15th day of March, 2011 ATTEST: BY: SECRE RY PRINCIPAL David S. Humphrey ATTEST: 1 BY: Gala Harris SURETY Hartford Fire Insurance B ATT RNEY-11 ACT J Jenni r R. Marsh Inc. The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: HC&H Insurance Group, LLC - Attn: Barry Hutcherson STREET ADDRESS: 1212 N. Locust Street, Denton, Texas 76201 _ (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name) PB-2 Bond No. 46BCSFR1749 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW A, L MEN BY THESE PRESENTS: That Humphrey & Morton Construction Company, Inc. whose address is P.O. Box 8057, Fart Worth, Texas 76124 hereinafter called Principal, and Hartford Fire Insurance Compan~✓a corporation organized and existing under the laws of the State of Connecticut, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of e Million Four Hundred Seventy- Eight Thousand, One Hundred Twenty-Eight and 30/100 OLLARS ($1,478,128.30 m lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereat, the Principal entered into a certain Contract, identified by Ordinance Number 2011-034,~vvith the City of Denton, the Owner, dated e 1st day of March A.D. 2011,vfor Bid 44623-Phase I, Eagle Drive Drainage Improvements NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., 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 or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. PB-3 Bond No. 46BCSFR1749 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed i our copies, each one of which shall be deemed an original, this the 15th day of March, 2011. ATTEST: BY: SECRET RY ATTEST: BY: 1. Gal arris PRINCIPAL SURETY BY: ATTOI EY-IM Jennifer Marsh The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: HC&H Insurance Group, LLC - Attn: Barry Hutcherson STREET ADDRESS: 1212 N. Locust Street, Denton, Texas 76201 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-4 IMPORTANT NOTICE To obtain information or make a complaint: You may contact your agent. You may call Hartford Insurance Group at the toll free telephone number for information or to make a complaint at: 1-800-392-7805 You may also write to The Hartford: The Hartford Hartford Financial Products 2 Park Avenue, 5th Floor New York, New York 10016 1-212-277-0400 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 Fax Number (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for your information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja. Puede comunicarse con su agente. Usted puede Ilamar al numero de telefono gratis de The Hartford Insurance Group para indormacion o para someter una queja al 1-800-392-7805 Usted tambien puede escribir a The Hartford. The Hartford Hartford Financial Products 2 Park Avenue, 5th Floor New York, New York 10016 1-212-277-0400 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 Fax Number (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con su agente primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. F-4275-1, ./TX4275-1 HR 42 H006 00 0807 Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 POWER OF ATTORNEY P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 46-501533 0 Hartford Fire Insurance Company, corporation duly organized under the laws of the State of Connecticut X Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana X Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana 0 Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited. / Charles D. Sweeney, Kyle W. Sweeney, Michael A. Sweeney, Bobby E. Mayo, Jennifer R. Marsh ✓ of Ft Worth, TX their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. HYry„ ra uy~r t,, yytw yp'o+uwrr t, x4atr~ ~ r ~ ~AMr~ ~ I~wn+eil~flslp~ i 1~4~'~ _~7 4• ~ ~+~~r'~ ~ ~,ugWll ~µy►}~ x ~ •A:~ ~ *lr~..~r«,~vfa • ~st~ ~ ,~•a:`lg79~e , 3 rg~ i'L p~al~! 2 7914 t 'arr~, ~r~ ~'b+wTa° ~ ~yYR 'i 3`~~+ • •3`'nr~hil~o,s `4 4~iu+'+ s ~ .t wit- ~r~-Ltt3ixan` f`~ r Scott Sadowsky, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD M. Ross Fisher, Assistant Vice President On this 3`d day of March, 2008, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. {E. A~ Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 2012 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of March 15, 2011. Signed and sealed at the City of Hartford. 7Y tY~i ~q °H'i ToG 4x41. t ry.~+~r r w; ~.r" a :~+ca~.,~.frelpf iWa a` 1r i 1$67 P`°Snrrt,lv``~ 7949 ♦R 'e xq~~ • •~'+t.i~o,5' - 4nu+'v \~tt,~~ 1/'4- Gary W. Stumper, Assistant Vice President L/ S~ ,a~ V CERTIFICATE OF LIABILITY INSURANCE DATE ) 3/15/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: THE SWEENEY COMPANY AX, PAIic No Ell): (817) 457-6700 F No: (817)457 1121 E. Loop 820 South E' AL DDRIESS: A P 0 BOX 5720 CUSTUMERID Fort Worth TX 761240720 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:Bituminous Casualty Corp INSURERB:Navi ators Insurance Co(Cas Humphrey & Morton Construction Company, Inc. INSURERC: P.O. BOX 8057 ) INSURER D: `ry` 5~l INSURER E: w J Fort Worth TX 76124 INSURER F: COVERAGES CERTIFICATE NUMBER:Hump & Morton-General REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSU NCE ADDL IN SR SUBR WVD POLICY NUMBE POLICY EFF MM/DD/YYYY POLICY EXP MMIDDIYYYY LIMITS GENERAL LIABILITY LP 3 274 211 612012010 6/20/2011 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence 100 000 $ A CLAIMS-MADE Fx_]OCCUR MED EXP (Any one person) $ 10 , 000 X CONTRACTUAL, XCU PERSONAL & ADV INJURY $ 1,000,000 X INDEP CONTRACTORS GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X FRO LOC $ AUT OMOBILE LIABILITY 3 539 023 06/20/2010 06/20/2011 OMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 / X ANY AUTO ✓ BODILY INJURY (Per person) $ A X ALL OWNED AUTOS BODILY INJURY (Per accident) $ X SCHEDULED AUTOS DAMAGE PROPERTY k HIRED AUTOS (Per accident) $ X NON OWNED AUTOS $ $ UMBRELLA LIAB X OCCUR 010EXC711435IV 6/20/2010 6/20/2011 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DEDUCTIBLE $ B RETENTION $ $ A WORKERS COMPENSATION C 3 539 022 6/20/2010 06/20/2011 Y WC STA ~U- E AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE a E.L. EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? (Mandatory In NH) N / A E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Rgmarks Schedule, If more space Is required) SI~RE BID 44623 - PHASE I EAGLE DRIVE DRAINAGE IMPROVEMENTS.. BERT HOLDER, ITS OFFICIALS, AGENTS, EMPLOYEES & VOLUNTEER NAMED ADLN INSD EXCEPT ON T~ORKER_ S COM~WITH N ALL POLICIES AS REQUIRED BY WRITTEN CONTRACT. ✓30 DAY CANC NOTICE AMENDED TO 10 DAYS FOR NON-PAYMENT OF PREMIUMi-~ CITY OF DENTON 215 E MCKINNEY DENTON, TX 76201 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ~a P b~ I - L/ irl ACORD 25 (2009109) U 1983-2UU9 AGUKU GUKI'UKA I IUN. An rlgn><s reserves. INS025 (200909) The ACORD name and logo are registered marks of ACORD CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of tlae contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. • Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: • Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. CI-9 • That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Cancellation: The City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. • Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. CI - 10 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall he maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted. [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or all owned, hired and non-owned autos. CI - 11 [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. Cl - 12 [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. CI - 13 ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: Cl - 14 1) a certificate of coverage, prior to that person begimning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor kriew or should have lalown, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and mamler prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person begimzing work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) certificate of coverage, prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; CI - 15 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J.. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Cl - 16 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a usiness relationship with local governmental entity. 2 F1 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7'h business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) T Name of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? 0 Yes 0 No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 0 Yes 0 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? 0 Yes No D. Describe each affiliation or business relationship. 4 Signature of person doing busine s w' qhhe governmental entity Date v Adopted 06/2912007 CIQ - 1 Purchasing Department 901-B Texas St. Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.com ADDENDUM # 1 January 18, 2011 Bid# 4623 Phase I Eagle Drive Drainage Improvements BIDS DUE: JANUARY 20, 2011 2:00 P.M. Proposal subT fitted by: ionj~i~l~ny, Company Name RFP # 4623 - ADDENDUM # 1 Addendum # 1 to be returned with Bid Proposal Please see the attached two pages for clarification of Item 1-1: NO OTHER CHANGES AT THIS TIME. This form shall be signed and returned with your bid. Name: I A(-~, Company: L "l~ G ri2~ y, (14 . Title: Date: ~z 0 l ADDENDUM NO. 1 TO PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CITY OF DENTON, TEXAS PHASE I EAGLE DRIVE DRAINAGE IMPROVEMENTS Bid No. 4623 Issued January 18, 2011 TO: PROSPECTIVE BIDDERS AND PLAN HOLDERS The Plans and Specifications for the Phase I Eagle Drive Drainage Improvements shall be modified as follows: ITEM 1-1 CLARIFICATION ITEMS The Phase I Environmental Assessment, included in the bid documents as Appendix B, conveys all the information we have about the underground storage tanks on the Fuller parcels. That report indicates there are three or four tanks. A previous owner indicated that he believed the tanks to be small, possibly 600 gallons in size, and filled with sand. However, we have no visual confirmation of that information. ■ There is no water or power to the building at 702 S. Locust and 107 Maple. ■ As indicated in the General Notes, the contractor is responsible for protecting adjacent utilities and structures from damage during construction. The plans show limits for cutting the existing channel to allow room for construction. The intent of this limit is to allow a portion of the existing channel to remain to serve as armored benching for trench safety and to protect adjacent buildings. However, the contractor is to submit trench safety plans for the project, and may propose a modification of that saw cut line. The contractor is responsible for both trench safety and for protection of adjacent structures. ■ We understand that the State of Texas will provide notification to adjacent property owners related to the asbestos removal and the demolition, and that they will invoice the City of Denton for that notification, not the contractor. The City will pay that fee to the State. A question was raised at the Pre-Bid meeting regarding form removal on the cast-in-place reinforced concrete box culvert. All construction of the cast-in- place reinforced concrete box culvert shall be in accordance with TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, Spec Item 462 and related specifications. Addendum No. 1- Page 1 of 2 ■ Bids must be submitted on the forms provided in the bid documents. All other items and provisions of the contract documents not modified herein shall remain the same. THIS ADDENDUM IS MADE PART OF THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS AND SHALL BE ACKNOWLEDGED ON THE PROPOSAL. City of Denton By: Gary L. Vickery, P.E. (TX No. 72626) TEAGUE NALL & PERKINS, INC. END ADDENDUM NO. 1 V Addendum No. 1- Page 2 of 2 HUCN---~Pyweo Mbrtu~ Project Name: Phase I - Eagle Drive Drainage Improvements BID TABULATION SHEET Work Days Bid No. P.O. No. 160 4623 item Spec. Description Quantity Unit Unit Price Total BASE BID General/Contracts 1 TxDOT 500 Mobilization 1 LS $ q e--00 / LS ~YJYiV~ ' / J Unit Price In Words: TJ/lat/SC~C'~p T~nt%~ti}'lG~jM O~~GI Gw~' ~f'~?G C 2 103 Contractors Wan-anties and Understandings ] LS LS ~~770 / Unit Price In Words: e-f h4 ~1~►'ed~v ✓dX / ~~lo✓S I'fC C-iYrA 3 1 201 Erosion Control and SWPPP 1 LS $ 07! LS /07~ / Unit Price In Words: er► W~GI'r' rjlXdl't ~v~e 4AM QRIAYti/]p C 4 203 General Site Preparation 9 STA $ 90- % STA O Qu/ / Unit Price In Words: t^~ ~1~ct?C, t $GV,C~Inr.Y~fj ` ~dt p~C~IGyS fz /V eCC 5 107.2 Project Signs 2 EA is 9 Q w/ EA 0 ~ 1/ J Unit Price In Words: 6 801.1 Traffic Control Plan and Barricades, Wamings & Signs 1 LS $ Z7 0/ LS ! Z7P Op , Unit Price In Words: All l-e tzw7lNcL1t ~'t~` r SG1~~j eo 11-11K J-1,-e C~yl~s 7 SC-5 Demolish Building at 702 S. Locust & 107 Maple 1 LS $tF&CO~ S 69000 6 / / / / Unit Price In Words: 1 8/ !741,1 C~ o6~GyS ~10"IQ e4ti 8 SC-6 Remove Contaminated Material 50 ICY $ CY Unit Price In Words: >✓!Ah W1,4o"!r -0-1,0V eGc4s 9 SC-7 Demolisb Building at 811 S. Elm 1 LS $ ,5/ GTLS / Unit Price In Words: tr8►OV$~j'!dVY~ty->~v~y~jA~c~~e CLrtT~ Storm Drain Improvements 10 TxDOT 462 9'x Y CIP RC Box Culvert 45 LF $ P / LF Z~S/ 3 ' 0 / l Unit Price In Words: ~/x GwyVlreW~ 04,041 GYG//11C14 l-]1t Ct 47~ 11 TxDOT 462 16'x7' CIP RC Box Culvert 30 LF 2 Z~~9~ C° / Unit Price In Wards: j`L»'{,e: L 1e,114yr S I ee 12 TxDOT 462 18'x7' CIP RC Box Culvert 872 LF $ 00~ / LF 1 z 9777 G 1 / Unit Price In Words: JhJ- 7~yrDt/SG~1~` d $,~,~p~ol~ay~ ff Ge►? 13 TxDOT 462 Temporary End Closure for 16'x7' RC Box Cul ert 1 EA % 30 0 -7 EA -j0V0 L v Unit Price In Words: AhrtC ati/'~QlnD! d11,010 111~ /70, ele ?l 14 TxDOT 465 5' Curb Inlet (Complete) (TxDOT IL-C) 5 EA $ ~t? Q EA ~a z G a0 CO Unit Price In Words: rte- yljCw%Goe( f 71ree Ae neIrrd / q~e~~grf /?o ee ~ I S TxDOT 465 5' Curb Inlet Extension (Complete) 14 EA $ EA 76 Z~ Unit Price In Words: rile /1 ✓pv//reel d 41c1W1c 1- Grvl~$ P-11 Project Name: Phase I - Eagle Drive Drainage Improvements Work Days Bid No. BID TABULATION SHEET P.O. No. 160 4623 Item Spec. Description Quantity Unit Unit Price Total I CO 16 e ~J EA 00 o TxDOT 465 5' Curb Inlet (TxDOT) (Open Back) 1 JEA $ / l Unit Price In Words: /`"o ~1CYS0~'d -VA ele-lleWs ~F /1o C-MJ4 17 TxDOT 465 10' Underslung Curb Inlet (TxDOT CI(2)-02) 2 EA / $ C~ EA Q li~ZQ DP / S/qo CCyIi Unit Price In Words: `f~vY/L~1 18 TxDOT 465 20' Underslung Curb Inlet (TxDOT CI(2)- 02) 2 / EA Is ( b r7 EA p 3zl/Q / /1 1 Unit Price In Words: 5,, ~74 5;vt ` slXeAl/i'wlrw/i 24! 7T clwllar5 f 10 ~A 19 107.19.3 Trench Safety (SD Box) 947 LF $ / LF / / * ! Unit Price In Words: Jr e cl°llar .d 417 Ceim/ S 20 107.19.3 Trench Safety (SD Pipe) 593 LF $ - / LF QcJ 91 ?7 Unit Price In Words: Gti ellor►- W 7773 / Oert 5 21 202.5 Solid Block Sod 150 SY $ 3 I SY Oe Unit Price In Words: 1-h ree GL~Gl4f~ $ /1o eMW7 22 202.6 Hydromulch 6520 Y S $ SY 4c J _ Unit Price In Words: ZPiM 04/4!'5 ¢ .Sfv;r C~Cn/ 23 508 18" Class III RCP 33 LF / $ 7 LF ~ / (-e:~-7~ / r' 1 Unit Price In Words: J;e Vlj'T e11W10rl ~F ~ZJCY}~t G+CHTf 24 508 24" Class III RCP 355 LF / $ 0-/ LF 16~e7 -6-V Unit Price In Words: %/x el'Wlorr W 21 CGr 25 508 36" Class III RCP 108 LF $ / LF ~ 77l( -1 / Unit Price In Words: 5t!ve t ah-t d dle•K id !;4 enwA 26 508 60" Class III RCP 97 LF I $ / y(1 o- I LF /Q / f~(! b /lb - C~?T/5 Unit Price In Words: gr1G Livlog/-rv/ CV-041 1GVY -1-11W d 27 508 60" Class III RCP 30" Bend 1 EA I Q S IvSO EA ~5B Unit Price In Words: dl ¢ Al LIwdr~ d 41A alo& s d /1o G'dtw~ 28 1 702 4 x 4 'Drop Inlet 11 EA $ 94170 -0 C / EA 1 0 40 V170 ~ ~ f Unit Price In Words: fet i4mws'W'Ca' -i';wAVr~Yta d sL►lC ~F Aa C,wk 29 702 4'x4' Junction Box 1 EA $ Z 11~ I EA CD / Unit Price In Words: 6w- In ev.- Cwr/ l slJ~ ~1 V~ / A.P, a~llowr d " Cpl > 30 702 6'x6' Junction Box l EA ZAI Q ~ EA q / / Unit Price In Words: Ave 7'Y1Dv Pw/ GtWVIYVvl dh, Gto1(e'1'~ /..W un/5 31 702 in A Connect 60" RCP to Storm Dr 1 EA $ EA C O 30 a Unit Price In Words: f/Ib rP(J1' N/ doll.'K d 010' Apra 5 A_d Project Name: Phase I - Eagle Drive Drainage Improvements Work Days 160 Bid No. 4623 BID TABULATION SHEET P.O. No. Item Spec. Description Quantity Unit Unit Price Total 32 ~6 LS IS O 7 LS 1 702 Connect to Existing 20'x10' RC Box Culvert / J Unit Price In Words: c~9-18! ~~l ~~/ark N~ CGH✓ y 33 702 ] Connect SD Line'G' to Existing L S $ 9/Q ~ / LS q 2 /lG O ` Unit Price In Words: ~/1rG Lt wwy--1A'/,w-/,w /~YS 4 Gtr1T~ 34 702 Concrete Swale 3 0 LF IS / LF / ~i7 0 ~C ) J 3 Unit Price In Words: Gl Ylo CIVIC, V5 S /70 GGi 17s 35 702 Concrete Retaining Wall 30 LF $2~ LF Qq'l (7 / Unit Price In Words: 'J~G~+G)'I~t. I'IIHe o4// raN ¢1 2 &,PlA 36 702 Concrete Flume 10 LF $ ZQ / LF ST Z Unit Price In Words: 37 801.4 Temporary 6' Chain Link Security Fence 122 LF $ LF 36 Unit Price In Words: 7' tir d o%lIAK ®J no GV~t15 37A 504.2.2.1 Additional Crushed Stone Embedment 50 CY 22 f~Q Is Cy / O f b ?Q wo dmlle-K'd ex~Aje CeVA Unit Price In Words: A Jr* Paving Improvements 38 SC-1 Surface Restoration 1 LS $ 7LS ~ ^0 ~t J / Gt~~arf /'10 6qR14-, Unit Price In Words: dulpj 4!/5G'Jwzwe- U►rtGV ~7' 39 TxDOT 340 6" Asphalt Pavement Repair 197 SY $ b~ / SY I ° /317? Unit Price In Words: -5; SAX d~la►rs a~ n~rr/~ lei? -Ar 40 TxDOT 340 14" Asphalt Pavement Repair 761 SY $ / SY 1 bZ~ -7-0 1 Unit Price In Words: wie O/e//GZ1'S ~F n GCyrk 41 TxDOT 529 Concrete Curb & Gutter 625 LF I zp S l~ / LF Q Oc / SAP Unit Price In Words: jqk" GiOllMr5 -"7/ j 42 TxDOT 644 Remove & Replace Street Signs 1 2 EA $ ~&O / EA Q G 410 l / Unit Price In Words: 1%jvi✓ed i 41tt4 a/o ars w hn ewl 43 s TxDOT 666 4" Type I White Reflectorized Pavement Markin 92 LF $ -r / LF 7 r' g Unit Price In Words: l~ G►01rGt r5 d 7 n1 idV GLr A 44 TxDOT 666 4" Type I Yellow Reflectorized Pavement Markings 52 LF $ -5 30 / LF Q 17/ Unit Price In Wards: f YI Y~G t 45 305.2 4" Concrete Sidewalk 981 SF $ 7 / SF ~7 Z7 / / Unit Price In Words: 741"kv e G'l oll4Ur5 d Ct Lt CiGYfI~ A - S Project Name: Phase I - Eagle Drive Drainage Improvements Work Days 160 Bid No. 4623 BID TABULATION SHEET P.O. No. Item Spec. Description Quantity Unit F- J Unit Price Total / 46 305.2 6" Concrete Driveways/Parking Lot SY $ 5Q / SY /047 269 Unit Price In Words: ir-bl rf/y1g dellow; ewe ii C 47 801.4 6' Chain Link Security Fence 175 LF $ / LF ~Q7 ~ Unit Price In Words: 4y✓Ey5 Two O~arlGr(' G'Lr 48 SC-2 6" Gravel Driveways/Pa ing Lot 190 SY Is 9 / SY 1767 Ce rk Unit Price In Words: / v!M dolle'n fi'l/ G Water Improvements 49 501.7.4 8" Restrained Plug 2 EA $ 600 aC / EA ~ZoO O, L Unit Price In Words: 51, Gl wlarr C/ dells A, "le, "d s 50 502.1 8"x2" Saddle 2 EA 2 $1530 -X / Eq OC /060 1 L Unit Price In Words: t e t v) rk-,wf d 7"I A d.-Ilows Who et 7A 51 502.4 Class B Concrete Thrust Blocking 1 CY Is /30 / Cy / 50 Unit Price In Words: ~e hWdrry h1fL4Y 0-10l401'S d /'b 4e.45 52 502.6 2" Corporation Stop 2 EA I S ~9O EA / Unit Price In Words: YG 14welMr ~ @/ h Gl'Gl1ArS ~1p i1e,0* Sewer Improvements 53 502.6 8" Gate Valve, Box and Pad 2 EA $ ~TG 5 EA ellgg / / Unit Price In Words: '~/G pv,r-v G1' ;wr fiU w1ra 4l-4,; id ho CgI5 54 F 502.1 Reconnect Water Services 1 EA $ 3 /Q a~ EA / 4 / Unit Pri ce In Words: Zjv+eAnov S,►'!!7i /41r" 11t~'~►'KO~ I91riA & XCLrS Gdvl1 55 504.5 Class B Concrete Encasement 13 I CY r? 1 $ / CY 00 G~ ~i0 Unit Price In Words: A vrv rim~ ~WOV 01CIIArs i PV etA 56 506 2" Schedule 80 PVC Water Line 8 LF $ - / LF 1 Unit Price In Words: j $!1~ do~~W►'j $Gl/Crrn GG/17 57 506 8" DR-18 PVC Water Line 68 LF $ 33 / LF eZO JJ Unit Price In Words: 61 1t 1,Ww4i-ed f YY ~l te, P,1IGK ~yj! y~i ~y1 58 506 10" DR-18 PVC Water Line 60 LF $ 5 C / LF 933 ~D / l Unit Price In Words: j waled rZ ~~l /AYS S-L; C 59 506 Cut & Plug 2" Water Line (with 2"x2" Tee) 2 EA $ 6 O -°-7 EA q 3 Q " Unit Price In Words: One, L levrAela/ $(x GI WdY{e✓ d W" OIdd(64f W /7o !.~Gyl P-6 Project Name: Phase I - Eagle Drive Drainage Improvements BID TABULATION SHEET Work Days 160 Bid No. 4623 P.O. No. Item Spec. Description Quantity Unit Unit Price Total AV- 60 SC-3 Cut in 10" Gate Valve l EA $ ~~t;G O/ EA s~C / Unit Price In Words: -7V'e- ~OCVSGY>,'i7 -'t e fnwrlyYd AllAtr J oa CGYItv 61 SC-4 Temporary 2" Water Connection 1 LS $1=0 -'V/ LS 577:w Unit Price In Words: 4yw UfA~ -hvd /~{~rVYIOlrr d ALe4 ~~~RY{ ~ /'t0 Ge / 1/r, 62 107.19.3 Trench Safety 194 LF $ / LF r JJ Unit Price In Words: ",w a1011Ar;i f6 hj►A Gt A 63 507 6" Ductile Iron Sewer Line 133 LF 1 $1'3'3 - LF ,7729 Unit Price In Words: n le d7PJdi 7i1ree de,11Afr d bi; cerrk 64 507 8" Ductile Iron Sewer L ine 61 LF 1 $/-59 / LF ~~7 Al// z / e L Unit Price In Words: e9ne /I vpw r~A' TLII ;4, G/ ~ 1,7L V5 id Subtotal Base Bid $ L178~ I7- . 50 D_I BID SUMMARY TOTAL PRICE IN WORDS BASE BID: Qnz rvijjjjM -roUr iv-p d recd SevM I tr9k14-111 wdrf(I 'd- wer'1411 eight- walla -s 4;r-4i e.tv4s In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump sum prices as shown for each item listed in this proposal shall control over extensions. The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms that they are duly authorized to execute this contract. P-8 Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et sea., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et sea. Received Addendum No. 4 dated Received Addendum No. 5 dated Received Receipt is hereby acknowledged of the following addenda to the plans and s ecifica ' s: AddenAddendumdum No. No. 1 3 dated dated /-/9-11 Received Addendum No. 2 dated Received 4~g-goff8 Telephone 6, 9L'CKDk 06A, - qr' 1 '~"4 o ~o 8067 Street Address r~ . O C` k 1~ - 17-y Seal & Authorizai City and State (1f a Corporation) P-9 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A below must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the blank in Section B. A. Non-resident bidders in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident bidders in (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas: X_ BIDDER: 0 LAI M P~ r ~ /IJ 0 r4V rt O Ovv Oft~Do_nq. 1 6'. ~J umD h're-~4 T res. Street Address City and State P-10 THIS FORM MUST BE RETURNED WITH YOUR BID. CONTRACTOR COMPLIANCE TO TEXAS SALES TAX CODE Comply with all requirements of the Texas Sales Tax Code. The Contractor hereby certifies that the Contract Amount is divided as follows: Materials incorporated into the Project (resold to the Owner as defined in Tax Code) $ ZZ/ .3 e"I All other charges and costs $ ~ 0 W~ Total $ 7V The total must equal the total amount of the Contract, based on the Base Bid. CONTRACTOR: ~v,rnphrN tMOr4-OVL al- F-+, LJ©r -7& 124 City and State THIS FORM SHALL BE EXECUTED AT THE TIME OF EXECUTION OF THE CONTRACT AND SHALL BE MADE A PART OF THE CONTRACT. P-11 Street Address BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Humphrey & Morton Construction Company, Inc. as Principal hereinafter called the Principal, and Hartford Fire Insurance Company as Surety, hereinafter called the Surety, are held and firmly bound unto City of Denton, Texas as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Bid (5%) Dollars for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Phase 1 - Eagle Drive Drainage Improvements NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 20th day of January 2011 HUMPHREY & MORTON CONSTRUCTION COMPANY, WC. n I t Principal n (Sea?) e5lbeA~ Name/Title HARTFORD FIRE INSURANCZ COMPANY Surety (Seal) Direct Inquiries/Claims to: FORDENUE POWER OF ATTORNEY P.O. Bo THE BOND, T-4 HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 46-501533 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana O Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Charles D. Sweeney, Kyle W. Sweeney, Michael A. Sweeney, Bobby E. Mayo, Jennifer R. Marsh of Ft Worth, TX their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. a •w 16 B 7ri'~ f ti0 p 7' S a -'la~ufrt' ntA• A~,r► N• ~nrehty ~•ir~,tll► `''t 9 of y~ 1+a ~ ~ i~ 7~f ;ti 97$ , •'2 i9t9 t 'Rfq.:~ ^^wrsao YF a • ht4m5 ranu~• F . r.~ t Scott Sadowsky, Assistant Secretary STATE OF CONNECTICUT SS. Hartford COUNTY OF HARTFORD M. Ross Fisher, Assistant Vice President On this 3'a day of March, 2008, before me personally carne M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 20] 2 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of January 20, 2011. Signed and sealed at the City of Hartford. rr tttyt, ~~rr 1+ *4'ti t'o s ,y i w~, ~,~/lM~"`~ P d8 ~ yam""'. to r ' ~ ~rcaartE.rri f a t7d~'~► xz- i2 A, r + i..r Jnrrhr~JO ~•iI/A~ "'A 197 4 Je ° ;mot j7 7 s ~ 1944 • * ~:i,.~~ ~'Mxri9 tYF',,:1~~~ ~ }`a.~ ,ttt/ot5 rHttrt. ~.rt~-xd,. l Gary W. Stumper, Assistant Vice President