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2007-135
FILE REFERENCE FORM 2007-135 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILES Date Initials Change Order One - Ordinance No. 2008-008 01/08/08 J R 3 ORDINANCE NO. p~O~7_ /35 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR IMPROVEMENTS TO CEDAR STREET INCLUDING SIDEWALK , REPLACEMENT, ACCESSIBILITY RAMPS, LANDSCAPING, STORM DRAINAGE, WATER LINE AND SANITARY SEWER IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3770-CEDAR STREET IMPROVEMENTS AWARDED TO THE FAIN GROUP, INC. IN THE AMOUNT OF $1,170,263). 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 3770 The Fain Group, Inc. $1,170,263 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 day of ,2007. PERR . McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY W BY APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY 7 j BY: a-n .a 3770 . CONTRACT AGREEMENT STATE OF TEXAS a § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 19 day of June A.D., 2007, by and between City of Denton of the County of Denton and State of Texas, acting through George C. Campbell thereunto duly authorized so to do, hereinafter termed "OWNER," and The Fain Group, Inc. 825 W. Vickery Ft. Worth, TX 76104 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 3770 Cedar Street Improvements in the amount of $1,170,263 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: Schrickel, Rollins and Associates 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 omissions 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 IN WITNESS WHEREOF, the parties of these presents have executed this agreement i the year and day first above written. \ ATTEST: City of Denton OWNER AI BY:Z~ U l (SEAL) ATTEST: TRACTOR F, C. klhg~w~ Ty ?ploy MAILING ADDRESS PHONE NUMBER o°I? 927-43acl FAX NUMBER BY: lkSq~,a TITLE l Fm?tu APPROVED AS TO FORM: PRINTED NAME 46.C a . (SEAL) )gffY ATTORNEY CA-3 Travelers" j IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3057 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. PERFORMANCE BOND STATE OF TEXAS § Bond Number 104903896 COUNTY OFDENTON § KNOW ALL MEN BY THESE PRESENTS: That The Fain Group, Inc4hose address is 25 W. Vickery Fort Worth, TX 76104 hereinafter called Principal, and ravelers Casualty an Surety Company of America , a corporation organized and existing under the laws of the State of ro~nectici~t 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 One undyed Seventy Thousand Two Hundred Sixty Three and 0/100 DOLLARS ($1,170,263 lus 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 umber 2007-135, with the City of Denton, the Owner, dated the 19 day of June A.D. 2007,L-a co,pY of which is hereto attached and made a part hereof, for Bid 3770 Cedar Street Improvement1 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 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 in 4 copies, each one of which shall be deemed an original, this the 19th day of June 2007 ✓ ATTEST: PRINCIPAL The Fain Group, Inc. BY: SECRETARY BY: P AID T ATTEST: SURETY Travelers Casualty and S ety - Company of e ca B ~ w Qr4iynjanch/ BY• A RNEY- - T ony Fierro The Resident Agent of the Surety in Denton County, T xas for delivery of notice and service of the processis: NAME: R S S Insurance Agency (972)771-4071 STREET ADDRESS: 510 N I-35 East, Denton, T% 76205 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-2 %X0 5 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § Bond Number 104903896 KNOW ALL MEN BY THESE PRESENTS: That The Fain Group, Inc. ,✓whose address is 825 W. Vicker Fort W rth TX 76104, hereinafter called Principal, and gave ers asua y an urety Comps of America 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 9f- One Million One Hundred Seventy Thousand Two Hundred Sixty Three Dollars and 0/100`DOLLARS ($I,170,2630 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 2007-135, with the City of Denton, the Owner, dated the 19 day of June A.D. 2007'-~r`ccpy of which is hereto attached and made a part hereof, for Bid 3770 Cedar Street 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 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 in 4 copies, each one of which shall be deemed an original, this the 1 Qtfi day of Tnne , 90M ATTEST: PRINCIPAL The Fain Group, Inc_ BY: SECRETARY BY: / P IDE ATTEST: SURETY Travelers Casua and curet Com an of Aiffe-ricz~ Y r Mar lyn r ch BY: AT Y-IN-FA ny Fierro The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: K 6 S Insurance Agency (972)771-4071 STREET ADDRESS: 510 N. I-35 East. Denton. T% 76205 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-4 t,\ WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. 'T'ravelers Casualty and Surety Company Seaboard Surety Company Travelers Casually and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 218031 Certificate No. 0 0 1 5 4 7 9 6 3 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and SL Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, 'travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Richard W. Daiker, Jerry A. Kiker, Tony Fierro,'3nd Johnny M. Moss of the City of Rockwall , State of Texas , their true and lawful Attorney(s)-in-Pact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory 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 permitted,in any-actions rX-pceedings allowed by law. 3 IN WITNESS WHEREOF, the Companies have caused is instrument "i,0 - 29th to be signedand their corporate seals to be hereto affixed, this day of March 2007 q Farmington Casualty Comp n}'SL Paul Guardian Insurance Company P f l Fidelity and GuaranlylInsurance Company SL Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casually and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company 12 Ty SEAL+ ; coxu O wm. 80, elf, '"4J N~ State of Connecticut By City of Hartford .ss. Geo."' Thompson, enior Ace President On this the 29th day of March '2007 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc.. Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, SL Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p.TlT ~J~Gd~G In Witness Whereof, I hereunto set my hand and official seal. &A~k C . My Commission expires he 30th day of June, 201 L P AtJBII~ ; Mane C Tcoc uIL Notary Public 58440-8-06 Printed in U.S.A. (~~-tLp^n WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER U~'"-71 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casually and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any pan of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President. any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys'-in-Pact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1. Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, SL Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety &mpany~off.Anterii ca;` it United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a m e and correct copy of the Power ofyAttorneypiecuted by said Companies, which is in full force and effect and has not been revoked /q~4~~{° T IN TESTIMONY WHEREOF. I have hereunto set my hand a>ndlafli-eed Ih' e seal`I~'sa> nipani s this !k7 day of y ~h ~ , 30 ~0 00 Vly A4N Kori M. lohans Assistant Secretary s c` Rte`O ,yW~ wiry 6~~ ,v sw-xf~\ `p ~xsu4a e" ~w+uar y 19;2 r IR1°'E s P~o~POR 9`s n; ~0. 4 1 1PoPAttL ~I~ f.r P:'~ppY0R9lR.,i Oy i 9 8 2 7 Z: xurtrono. IuRtrmm, 5 n 1977 1951 sent. ;t ~yeRIn~ina d'r t "A! Y s'FeN To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at wwwstpaultravelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ACORD CERTIFICATE OF LIABILITY INSURANCE 7/5%2007 PRODUCER (972)772_7228 FAX: (972)771-4695 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION K & S Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2255 Ridge Road, Ste 333 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P O Box 277 Rockwall TX 75087 INSURERS AFFORDING COVERAGE NAIC # INSURED / INSURERA:Mt. Hawley Ins. Co. The Fain Group, Inc.✓~ INSURER B: American States Insurance 19704 P.O. Box 750 rT~ n INSURER C Princeton Excess & INSURER D. Texas Mutual Insurance Ft Worth TX 76101 INSURERS Federal Insurance Company 20281 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. AGGREGATE LIMIT SHOWN MAY HAVE BEEN RED D Y PAID CLAIMS. INSR ADD'L DAI EXPIRATION POLICY P OF INSURA CE POLICYNUMBER D TEMEFFECTIVE WDDIY`) POLICY TE MMIDDINY LIMITS ✓ GENERAL LIABILITY EACH OCC RREN E $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50,000 REMI E aoccurrendi _ FI! A CLAIMS MADE ❑X OCCU MGL0145803 2/1/2007 211/200 MED EXP An one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,008 GENERAL AGGREGATE $ 2, 000, 000✓ GEN' L AGGREGATE LIMIT APPLIES PER. PRODUCTS CMPI PA $ 1,000,000 1 17 POLICY X PRO F -1 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 r~ X ANY AUTO / (Ea accitlent) B ALL OIAMED AUTOS 01CH35181910~ 2/1/2007 2/1/2008 BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIREDAUTOS BODILY INJURY (Per accident) IS X NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GAR AGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EAA $ AUTO ONLY AGO $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000 X OCCUR FICLAIMS MADE AGGREGATE $ C DEDUCTIBLE 66A3UB000055400 2/1/2007 2/1/2008 $ X RETENTION 10,000 Is D WORKERS COMPENSATION AND X WC STATU- OTI-1 EMPLOVERS' LIABILITY CRY LIM T ER ANY PROPRIETORIPARTNERIEXECUTIVE / L. EACH ACCIDENT Is 1,000,000s/ OFFICERIMEMBER EXCLUDED? TSFOOOI153267 ✓ 2/1/2007 2/1/2008 , under E.L. DISEASE - EA EMPLOYEE 8 1,000,000 If yes describe SPECIAL PROVISIONS below EL DISEASE -POLIIVLIMIT $ 1,000,000 r~ E OTHER Leased/Rented 45462975 2/1/2007 2/1/2008 $150,000 w/$1000 Ded Equipment DESCRIPTON OF OPERATIONSILOCAnONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS City of Denton, its Officials, Agents, Employees and Volunteers should be known as Additional Insured with A Waiver of Subro ation per written contract✓JExcept 10 days notice for non-payment of premiumi CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Denton EXPIRATION, DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Purchasing Department 30-DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT 901-B Texas St. Denton, TX 76209 FAILURE TO DO $O SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE R Daiker-1/CHERYL ACORD 25 (2001108) © ACORD CORPORATION 1988 INS025p1o8).osa Page 1 of2 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. • Any deductibles or self-.insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED'. • 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. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage 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 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non-owned autos. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. 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. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] 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. [ ] 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. ATTACHMENTI [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: (1) a certificate of coverage, prior to that person beginning 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 knew or should have known, 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 manner.. 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 beginning 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) 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; (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. Bid No. 3770 ' PROPOSAL TO I THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF CEDAR STREET IMPROVEMENTS 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 I 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 fumish all the materials called for in the contract and specifications in the manner prescribed herein and according to the requirements of the City as therein I set forth. It is understood that the following quantities of work to be done at unit pries are approximate only, and are intended principally to serve as a guide in evaluating bids. I It is agreed that the quantities of work to be done 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 I planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prigs set forth below except as provided for in the specifications. The contractor shall provide the numeric unit price and the unit price In words for each quantity. Unit price in words governs over the numeric price given. ' 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. I It is understood and agreed that the work is to be completed In full within the number of workdays shown on the bid tabulation sheet. I 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. I It is understood that the bid security accompanying this proposal shall be returned tothe 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 bit security shall become the I property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such feilure of the bidder. Owner reserves the right to reject any and all bids. Owner may Investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification of the I bid, Owner may automatically disqualify bidder. 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 e~ P-t BID PROPOSAL City of Denton Proposal of The Fain Group, Inc, Address P.O.Box Ft. Worth, TX 76101 City state Zip May 8, 2007 Date of Bid Opening TO THE Crry OF DENTON, TEXAS: The undersigned hereby proposes to furnish the equipment, fuel, labor, materials, power, tools, superintendence, transportation, and to perform thework required forthe constructlon of the CEDAR STREET IMPROVEMENTS, Denton, Texas, for the following prices, which prices It is clearly and definitely understood shall include all construction materials and equipment as set out in the basis of payment in these contractual documents and maintaining same as required by the detailed specifications. Bidders are to bid all base bid items. Each base bid item must "stand on its own merit" Do not make bids for any single item contingent on the award of any of the other contracts, It is the intention of the City of Denton to award this project to a single contractor. The bids will be selected on the basis of lowest responsible bidder. Bidders may bid on Section A and Section B Independently or together (Section C). SECTION A BASE BID 1A' Base Bid I shall Include all work as shown on the plans and specifications required to complete the portion of work from Mcl(Inney Street to the centerline of Oak Street (reference L-0 Site Plan). The work includes but is not limited to: demolition, concrete paving, irrigation, striping, signage, asphalt paving, plantings, erosion control and coordination with Denton Municii I Electric, and the removal of existing storm drain pipe and Inlets, for the LUMP SUM price of root b &'l~; /Gicrg+ 7xw4-...1 ~=ycAe JittJ ry Fo~c dollars and NO cents. $ 33SN8q, 'Does not include utilities or storm sewer, refer to Section B.. BASE BID 2A' Base Bid 11 shalt include all work as shown on the plans and specifications required to complete the portion of work from the centerline of Oak Street to the centerline of Hickory Street (reference L-0 Site Plan). The work includes but is not limited to: demolition, concrete paving, irrigation, striping, signage, asphalt paving, plantings, erosion control and coordination with Denton Municipal Electric, and the removal of existing storm drain pipe and Inlets, for the LUMP SUM price of ~Wc A'.JtOd S,$a<„7X saLS dollars and NO cents. $ 9 6 07~, ' 'Does not include utilities or storm sewer, refer to Section B. ~z P-2 BASE BID 3A" Base Bid III shall include all work as shown on the plans and specifications required to complete the portion of work from the centerline of Hickory Street to Mulberry Street (reference L-0 Site Plan). The work includes but is not limited to: demolition, concrete paving, irrigation, striping, signage, asphalt paving, plantin erosion control and coordination with Denton Munigipal Electric, 'for the LUMP SUM price of _ ~wd t --6aaD Y.~ o v> .v1ve -4 4% dollars and NO cents. $ 100429 `Does not include utilities, refer to Section B. BASE BID 4A i Design and implementation of a Storm Water Pollution Prevention Plan (SWPPP), work fully performed, for the LUMP SUM price of "74aBa 7ti°a-,4. IA~cE AvV e)e.ad Twa.77 AL,& _ dollars and NO cents. $ 2 3, TOTAL SECTION A 8 3S FJ S. °O SECTION B Item Qty. Unit Description and Price in Words Unit Price Total BASE BID 1 B - STORM DRAIN IMPROVEMENTS 1 4 EA Furnish and install 5'x5' junction box (0-5' depth), I complete and in place, for the sum of i..+o The p Sry ,C ,>>atd dollars and ^>O cents I per each. $ $ 2 15 LF Furnish and install extra depth for 5'x5' junction box, complete and in place, for the sum of I 7J•~k''~ SaueN dollars and No cents I per linear foot. $ ,37. °-e $ e1!SS 3 1 EA Furnish and install 6' curb inlet (0-8' depth), complete and in place, for the sum of i -7wo ~TAOV:.~.v) i-A A d ',1 - FowaT-f dollars and No cents per each. $ eO $ .2,40--o 4 4 E4 Furnish and install standard 10' curb inlet (0-5' depth), complete and in yglace, for the sum of - T/.4dR T vaow/ a wlLr /L ,2t 1 01 x r.; dollars and A;6 cents per each. $ 3 960, tt' $ aszz P-3 Item Qty. Unit . Description and Price In Words Unit Price Total 5 12 LF Furnish and install extra depth for standard 10' curb inlet, complete and in place, for the sum of dollars and ^'o cents per linear foot. $ X1/7 'o_• 6 1 EA Furnish and install 12' curb inlet (0-6' depth), complete and in place, for the sum of dollars and cents per each. $ ~6So• $ y6Sv.°° 7 276 LF Furnish and install 30" storm drain (RCP or CMP), complete and in place, for the sum of _ -V,2 ~ Silw dollars and ,do cents per linear foot $ 4~ $ Z L 2t>!o „ 8 459 LF Fumish and. install 18" storm drain (RCP or CMP), complete and in place, for the sum of . 6424 Aea2 dollars and N~ cents per linear foot $ S'3,. $ y327 „ 9 1 EA Core into existing curb inlet, all work fully performed, for the sum of QWZ /4-tl..c ON~ tl,u t dq dollars and ao cents per each. $ o0 er $ W AD 10 3 EA Extend existing 4" roof drain to proposed storm drain system, including connection, all work fully performed, for the sum of :ZWO ~tltifJ~ dd N/N dollars and cents per each. $ L9 ee o. 11 2 EA Extend existing 6" roof drain to proposed storm drain system, including connection, all work fully performed, for the sum of Taersa A&,.,derd ?~iT dollars and tl cents per each. $ 4622 P-4 Item Qty. Unit Description and Price In Words Unit Price Total p 12 10 SY Replace existing sod, complete and in place, for ■ the sum of ■ S if %/Rw' dollars and No cents per square yard. $ 7, cc $ 7 0. AR 13 42 SY Remove and replace existing concrete sidewalk, curb and gutter and pavement, all work fully performed, for the sum of S~°~"~~ •~%x dollars and .vc cents per square yard. $ 7t. $ gl9L.'= 14 735 LF Design and implementation of trench safety plan for all work related to the complete installation of the storm drain system, complete and in place, _ for the sum of dollars 717 and q cents per linear foot $ 'J, ap 'no TOTAL AMOUNT BASE BID 1 B $ 93J'y o. r° BASE BID 2B- WATER IMPROVEMENTS 1 1,385 LF Furnish and install 6" PVC (C-900) water line, complete and in place, for the sum of r-uors .ti x - dollars and Nv cents per linear foot $ y(6,w $ 63710 se 2 110 LF Furnish and install 8" PVC (C-900) water line, complete and in place, for the sum of J; K-, dollars and w o cents I per linear foot. $ d o. $ 600.'4 3 12 FA Furnish and install 6" gate valve and box, complete and in place, for the sum of dollars and cents I per each. $ A7S. $ !®a o0. °O 4 5 FA Cut, plug and block existing (6" and 8") water lines, all materials and work fully performed, for I the sum of 'TtiRae dollars I and - cents per each. $ $ oo." $ f Soo. ° I 4622 P-5 Item Qty. Unit Description and Price in Words Unit Pric Total 5 5 EA Furnish and install fire hydrant, complete and in / place, for the sum of j cur . ~ ~ da a dollars t and cents per each. $ 6 14 EA Furnish and Install l"water service, complete and in place, for the sum of _AOZ A,,,~l.d .4FF*,(S4 7.a° dollars and cents pereach. $ r82, $ A1Y8 7 7 EA Furnish and install 2" water service, complete and a in place, for the sum of 1 E,sA r_~ ..9aa- rr, ~Ldollars and cents per each. $ Al 3 . $ 8 9 EA Furnish and install l"water service, with standard City of Denton water meter can, complete and in place, for the sum of "7w47!j .C(94.7" dollars and - cents per each. $ 7 z 8. $ 6 s~ z . 9 2 EA Furnish and install 2" water service, with standard City of Denton water meter can, complete and in place, for the sum of Cwir [.(ww., > ti,, JeaJ dollars and N° cents per each. $ 10 1.0 TNS Furnish and install ductile iron fittings, complete and in place, for the sum of 7..Jo 7h-0 T4.°°) Ai.-vt k... AtJ dollars and - N° cents perton. $ 2900. $ 290 11 4 EA Tying into existing 8" water line (other than "tapping sleeve and valve°), work fully performed, for the sum of raitA A°-dare) /`e v a r., dollars and - cents per each. $ Srytl. $ J) 6 0. 1 a22 P_6 Item Qty: Unit Description and Price In Words Unit Price Total 12 21 EA Adjust existing meter cans to match proposed grades, all work fully performed, for the sum of _ Ladd ~"'s"T7 dollars and cents per each. $ Az0. $ 5167a.°• 13 3 EA Remove existing fire hydrant and valve stack, work fully performed, for the sum of ?uro i. . Jaa) ?.us.f!T dollars and cents per each. $ 2.2.0.'= $ ~j:o.t~ 14 9 EA Remove existing water valve stack, work fully m performed, for the sum of Sx"~d:.zy 'TA, eB¢ dollars and Nd cents per each. $ 7 3. °O $ G r7. °s 15 1469 LF Design.and Implementation of a trench safety plan for all work related to the complete installation of the water utility system, work fully performed, for the sum of a,~ f dollars and cents per linear foot. $ $ 2 Zo3, 16 1 LS Erosion control for all work related to the complete installation of the water utility system, work fully performed, Ifor the sum of AJwdird slxTy V"c dollars e and au cents. $ /7L/, $ 1741. 17 1 LS Design and implementation of a traffic control plan to be submitted to the City for review and approval including temporary paving, where necessary for all work related to the complete installation of the water utility system, work fully performed, for the sum of 'T~.n7Re.+ r7'/.eJS•NJ Twe . AJ.duJ se[Jtr dollars and N° cents. TOTAL AMOUNT BASE BID 2B $ /e~2 p39, f° 46M P-7 Item Qty. Unit Description and Price in Words Unit Price Total BASE BID 3B - SANITARY SEWER IMPROVEMENTS 1 924 LF Furnish and install 8" PVC sanitary sewer (SDR- 35), complete and in place, for the sum of - i,s-T.I dollars and cents 1 per linear foot $ T(, $ 2 200 LF Furnish and install 8" PVC sanitary sewer (SDR- 26), in lieu of SDR-35 as necessary, complete 1 and in place, for the sum of -1,%T dollars i and N° cents per linear foot. $ 1/7, q• $ 9 Y6<2.-- 3 16 EA Furnish and install 4" PVC sanitary sewer service i to property line, complete and in place, for the sum of f00A-1., (>Nr dollars and Nc cents per each. $ $ 6 sG 4 1 EA Furnish and install 6" PVC sanitary sewer service to property line, complete and in place, for the sum of i ro•✓rtT -Z s ca a,a dollars and r,u cents per each. $7. $ d7 a i 5 2 Fes, Furnish and install standard 4' diameter sanitary sewer manhole (0-6'), complete and in place, for the sum of ?we '7 A.°Vss.,J r^ _ A c)a°d' dollars and . ~o cents per each. $ •2 GOO. t $ S.00 •P 6 1 Fes, Furnish and install standard 4' diameter sanitary sewer drop manhole, complete and in place, for the sum of 7do 7Aaw34.,d riN A.. c)arj dollars and N° cents per each. $ Z Loo . (.0e), 7 144 LF Furnish and install concrete encasement for F' -sanitary sewer, complete and in place, for the sum of . S/Y J/rN I L ~/.R.f/t dollars and a o cents per linear foot $ /oSi2•°~ a22 P-8 Item Qty. Unit Description and Price in Words Unit Price Total 8 2 EA Core into existing sanitary sewer manhole (rework invert), all work fully performed, for the sum of 740F[ A .dnad dollars and cents per each. $ a 00, iO $ boa. 9 16 EA Adjustexisting sanitary sewer cleanouts to match proposed grades, all work fully performed, for the sum of fcr~a 1. ~.vdlu~ .=a~a7~ dollars and Nn cents per each. $ yyp, $ -)05(6.S' 10 924 LF Design and implementation of a trench safety plan for all work related to the complete installation of the sanitary sewer utility system, complete and in place, for the sum of 0.46 dollars and ze, ;-7y cents per linear foot. $ i.Sa $ /386•° 11 1. LS Erosion control for all work related to the complete installation of the sanitary sewer utility system, work fully performed, for the sum of _ ..n°rr7 -fkest dollars I and ~+d cents. $ 243.° $ X93, 12 1 LS Design and implementation of a traffic control plan to be submitted to the City for review and I approval including temporary paving, where necessary for all work related to the complete installation of the sanitary sewer utility system, I work fully performed, for the lump sum price of _ 6844724"+ fAw*A-c5 dollars and .Ja cents. $ jy/Oao. $ 1$tow °s TOTAL AMOUNT BASE BID 3B $ '3995,9. TOTAL SECTION B $ 33Y yy8. 4622 P-9 ADDITIONAL UNIT PRICES 1. Install 5" thick concrete for a unit price of GONA Jo//A¢S 4 TWU L6N7s per square foot $ 2. Install concrete pavers on concrete for a unit price of roua do//Alts I /oo cn-rs per square foot. 2e $ 41, 3. Install concrete curb and gutter for a unit price of 7wd+L C)aIJAAS T rFd4P+'rya-vCcr:NTs per linear foot $ I 4. Install concrete retaining wall for a unit price of !.,rte de /la as n~~a •o tsv7s per face f ot. $ 47, 5. Install guardrail for a unit price of F' arh Fou! do//Aes aNb ao e--,urs perhnear#oot $ rd/, a2 6. Install handrail fora unit price of `v J•C?y %~,ao doll PeS A•.•a n1e c tvrc per linear foot. $ 'L- 7. Install one 4'x30" planter fora unit price of e1jA 7A-4js/ v0- -rwo ,Jp -J li dal/A!s o,a No e-irld" per each. $ /236 , 00 8. Install one 5'x22" plant~er/ for a unit price9q of Q•yl~7{,.0 . Jab - /I.Q•I2 Jlrel ~id~T~~)/4!s /7 D do 4•f q'3 - . per each. $ / 3 2,O. 9. Install one shade tree for a unit price of e5d✓.i7 ~ A mc)RAJ Tws.ry elol/aas r.+c+ o t.Jrt per each. $ 2zo 10. Provide one tree planter for a unit price of S CAUCN AV-Jt?'J i~z<Ty of //ins AWb ..•0 a .✓r3 . per each. $ 7~ ;o 11. Provide 2" thick HM9MAC overlay for a unit price of o•+e .k! r~JM OOlf.o dGJ ?ud N C tl~l per square yard. $ iaS 12. Provide asphalt level up (coarse) for a unit price of aJ.~.a•~ ~{/e1 ,aNC7 vy GtScs per square foot $ 9 c so 13. Remove asphalt paving for a unit price of ~~w de<(sas s,,d per square foot. $ o0 14. Remove concrete curb and gutter for a unit price of 7-.aaa /AllA&j Ati o . to cs~; a per linear foot $ 300 15. Remove concrete paving for a unit price of -Twe cue/lots ~~o N G?.tis per square foot. $ 4M P-1o I 16. Remove and reinstall termite traps fora unit price of I 'j'.a0%„3 r. J! o~eilaaI A O Nv cJF Ss per e- ach. $ a~ 00 17. Remove and reinstall monument pavers for a unit price of ~ rT ~ O^J R J6114.aS A O NO GPM%S pereach. $ o^ 18. Adjust water meter/valves to finish grade for a1 unit price of z. r A V-t J E.iD ` -0,7 7L, yti dr/~I .a O nn C T '7 per each. $ zap 19. Adjust manhole to finish grade for a unit price of I ~KlO 14Vw,jag1~ 1011.74 'doi/J/S .oA NO G4rw ,'I per each. $ so 20. Install roof drain connections to curb for a unit price of I _ 77WJL?Vir AIJAa-~ AMA Ne dM73 per linear foot o. I BID SUMMARY SECTION A $ B i m SECTION B $ .3 Wt yy8 SECTION C (TOTAL OF A&B) $ '70 2 6 3 e_ 4622 P-11 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 acceptence, 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 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 at seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section15.01, at sea. Receipt is hereby acknowledged of the following addenda to the plans and specifications: Addendum No. 1 dated ,d/e Received S o7 Addendum No. 2 dated Received Addendum No. 3 dated Received Addendum No. 4 dated Received Addendum No. 5 dated Received The Fain Group, Inc. CON 7 BY O President 825 W. Vickery Street Address Ft. Worth, TX 76104 City and State Seat & Authorization (If a Corporation) 4W P-12 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 obtaina comparable contract in the state in which the non-residents 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: The Fain Group, Inc. CONTRALTO BY President 825 W. Vickery Street Address Ft. Worth, TX 76104 City and State 4W P-13 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 $ '7 oc) Oo+ - (resold to the Owner as defined in Tax Code) All other charges and costs $ '1T Z63. Total $ tt~~zc4 °J The total must equal the total amount of the Contract. I CONTRACTOR: The Fain Grouo Inc. I COMPANY BY Lar razier President _ 825 W. Vickery Street Address I Ft. Worth, TX 76104 t City and State 1 ` THIS FORM SHALL BE EXECUTED AT THE TIME OF EXECUTION OF THE CONTRACT AND SHALL BE MADE A PART OF THE CONTRACT f I 4W P-T4 Bid Bond SURETY DEPARTMENT Conforms with the American Institute of Architects, A.I.A Documents No. A-310 KNOW ALL MEN BY THESE PRESENTS, That we, The Fain Group, Inc. as Principal hereinafter called the Principal, and Travelers Casualty and Surety Company of America a corporation created and existing under the laws of the State of Connecticut whose principal office is in Hartford, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Denton as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID Dollars 5% GAB ) 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 Improvements to Cedar Street 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 famished 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 8th day of Mav. 2007 The Fain Group, Inc. (Princi al) By (SEAL) Travelers Casualty and Surety Company of America (Surety) By (SEAL) Jer I er Attorney-in-fact WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casually and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America SL Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 218031 Certificate No. 0 015 4 7 815 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Richard W. Daiker, Jerry A. Kiker, Tony Fierro, and Johnny M. Moss of the City of Rockwall , State of Texas , their we and lawful Atomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their usyness of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings requitr~edaor p t~+~t linaaty^~`a1$on`s orr prgceedings allowed by law. ) Vi 29th a WITNESS WHEREOF, the Comp~gjes_have caused this ins rq~ih~t V ne La t ,c orate seals to be hereto affixed, this Farmington Casualty Cptjt}r p <~Qv AIO~ St. Paul Guardian Insurance Company Fidelity and Guazanty IlaLrance ]n'paQQ~~ y St. Paul Mercury Insurance Company Fidelity and Guaranty Ins -ore Underwrrifers, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company G,.6111a $lnE/Y r6~ PO IM IXS`~ ,la ,xbugM1 +lx, 40 If Y1rn. r-V Myth 6a4r' T Ei + 60 $qoo® 18192 ~t+u..o ' w~' r~ xratrao. nimtact u"mmp yb s _ 19 I9$7 maO coat 6' ~ ~ `~rfhEVh '°t' 1s . cM+! +i"'-'~+~ y i xF~ A4 A111 Some of Connecticut By: City of Hartford ss. Georg Thompson, Nor co President On this the 29th day of March 2007 More me y personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. TAq Q C . ~-RN t^^-mot My Commission expires the 30th day of June, 2011. A(IBRG t Mane C. Teavault, Notary Public 58440-8-06 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER T. Y. fit. Purchasing Department 901-B.Tezas St. Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.com ADDENDUM # 1 Bid # 3770 Cedar Street Improvements BIQ,S,DUNE: May 8,, 2007 2:00 P.M. Bid, submitted. by: The Fain Group; Inc. Company Name BID # 3770 ADDENDUM # 1 Addendum # 1. to be returned with Bid Proposal The following statement shall supercede any other wording contained in the bid document: ''Although the City desires to award the bid to one contractor, the-City reserves the right to award Section A and Section B to the respective low bidders. for these. sections separately onto not award either section." NO OTHER CHANGES AT THIS TIME. This form shall he signed and returned with your hid. Name: Larry Frazier Signature: Company: Th ain Grou Inc. Title: President Date: 5/8/07