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2003-366ORDINANCE NO.,gn(3 3(o& AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE EASTERN PECAN BASIN SANITARY SEWER REPLACEMENTS AND LINERS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3088-EASTERN PECAN BASIN SANITARY SEWER REPLACEMENTS AND LINERS AWARDED TO PATCO UTILITIES, INC., IN AMOUNT NOT TO EXCEED $1,342,953.25). 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. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 3088 PATCO Utilities, Inc. $1,342,953.25 SECTION 2. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 4AI day of 2003. Aecz- EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROJJTY, CITX ATTORNEY BY: 3-0RD-Bid 3088 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 4th day of November A.D., 2003, by and between City of Denton of the County of Denton and State of Texas, acting through Michael A. Conduff thereunto duly authorized so to do, hereinafter termed "OWNER," and PATCO Utilities. Inc. _ 1617 W. Pioneer Parkway Grand Prairie, TX 75051 of the City of Grand Prairie . County of Dallas and State of Texas , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid 3088-Eastern Pecan Basin Sanitary Sewer Replacements and Liners in the amount of $ 1,342,953.25 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 fiunish 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 h erein a nd o n file i n t he o ffice o f t he P urchasing A gent, and i n a ccordance w ith t he plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: RJN Group and City of Denton Engineering staff 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 HIND 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 in the year and day first above written. ATTEST: I W City of Denton (SEAL) ATTEST: PCONTRACTOR 1U i1 \,&j . P i ors-ce._y- (~)YCIVJ PyZ~lV'ikF'-jl-Ta 5j MAILING ADDRESS C `la-UkA%-1c!Oi PHONE NUMBER APPROVED AS TO FORM: CITY ATTO Y A1~--l.QUI-$~33 FAX NUMBER , 01 BY: TITLE Q~XNQ (G S VCA+ Z QK:~16enj- PRINTED NAME (SEAL) CA-3 r Bond No: ID-561599P PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § / KNOW ALL MEN BY THESE PRESENTS: That PATCO Utiities. Inc✓ whose address is 1617 W. Pioneer Parkway Grand Prairie TX 75051 hereinafter called Principal, and Developers Surety and Indemnity Company , a corporation organized and existing under the laws of the State of Iowa , 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 sti of One Million Three H red Forty Two Thousand Nine Hundred Fifty Three and 25/l00 OLLARS ($1,342,953.25 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 2003-366 with the City of Denton, the Owner, dated the 4th day of November A.D. 2003of which is hereto attached and ade a part hereof, for Bid 3088- Eastern Pecan Basin Sanitary Sewer Replacements and Liners 'T . . 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 a ny 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 one (1) year 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: ID-561599P 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 four 4 co s, each one of which shall be deemed an original, this the 14th day of November 2003 r ATTEST: BY: SECRETARY ATTEST: PRINCIPAL PATCO Utilities, Inc. BY: P DENT , SURETY Developers Surety and Indemnity Company BY: _ BY: ATTO Y-IN-F CT Tom Young or Fred A. The ord, Jr. The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: Texas Contractors Surety & Casualty Agency STREET ADDRESS: 3817 Alamo Avenue, Fort Worth, Texas 76107 (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: ID-561599P PAYMENTBOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That PATCO Utilities.Inc.✓ , whose address is 1617 W. Pioneer Pk,,vv Grand Prairie TX 75051 , hereinafter called Principal, and Developers Surety and Indemnity Company, a corporation organized and existing under the laws of the State of Iowa , 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 One Million T ee Hundred Fo Two thousand Nine Hundred Fifty Three Dollars and 25/100 DOLLARS l.342,953.25 )4h lawful money of the United States, to be paid in Denton, County, Texas, for the payment o f 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 2003-366 , with the City of Denton, the Owner, dated the 4th day of November A.D. 2003 , a copy of which is hereto attached and de a part hereof, for Bid 3088 Eastern Pecan Basin Sanitary Sewer Replacements and Liners. 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 perfonned thereunder, or to the Plans, Specifications, Drawings, etc. PB-3- Bond No: ID-561599P 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 W ITNESS W HEREOF, t his i nstrument i s e xecuted i n four res, e ach o ne o f w hich shall be deemed an original, this the 14th day of November , 2003 ATTEST: PRINCIPAL Ety'.'~C' PATCO Utilities, Inc. BY: SECRETARY BY: / P IDENT l/ ATTEST: SURETY Developers Surety and Indemnity Company BY: BY: ATTO EY-IN ACT Tom Young or Fred A. hetford, Jr. / The Resident Agent of the Surety in Denton County, Texas for delivery of notice and sen-ice of the process is: NAME: Texas Contractors Surety & Casualty Agency STREET ADDRESS: 3817 Alamo Avenue. Fort Worth, Texas 76107 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB - 4 Bond No: ID-561599P POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO BOX 19725. IRVINE, CA 92623 • (949) 263-3300 www.InscedDico.com KNOW ALL MEN BY T ESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANW does hereby make, constitute and appoint: ***Tom Young, F d A. Thetford Jr., jointly or severally*** as its true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation as surety- bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary. requisite or proper to be done in connection therewith as the corporation could do, but reserving to the corporation full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November 1.2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the Attornev(s)-in- Fact named in the Powers of Attorney to execute, on behalf of the corporation, bonds. undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is. authorized to attest the execution of any such Power of Attorney: RESOLVED, FURTHER. that the signatures of such officers may he affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate hearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of sureivship to which it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive Vice President rntd attested by its Secretary this 71h day of November.'-VIII. I ~ZV AND By: ryJ~: QpP OR. David H. Rhodes. Executive Vice President gy : G a oo : OCT. 6 : 10 :o t. 1936 Walter A. Crowell. Secretary - e,.•` STATE OF CALIFORNIA ) V )SS. COUNTY OF ORANGE ) On November 7.'_001. before me. Antonio Alvarado, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names arc subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted. executed the instrument. WITNESS my hand and official seal Signature ANTONIO ALVARADO p COMM. R 1300303 r2 w Notary Public - California 2 0 , 3 i ORANGE COUNTY J My Comm. Expires APRIL 10, 2005 CERTIFICATE The undersigned, is Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore. (hit the provisions of the resolution of the respective Boards of Directors of said corporation sel forth in the Power of Attorney, is in force its of the dale of this Certificate. V/ This Certificue is executed in the City of Irvine. Calilornia, the 14th day of November 2003 By David G. Late. Chief Operating Officer ID-1438 lost) (11/01) ~L 5~ CTMW inscghir 9RF2)9p DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of 5100 billion for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17760 Fitch, suite 200 Irvine, CA 92614 (949) 263 3300 w JnscoDicoxom ID-1498 (Rev. 5/03) IMPORTANT NOTICE To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-800-782-1546 You may also write to the Surety at: AVISO IMPORTANCE Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis de Para informacion o para someter una queja al: 1-800-782-1546 Usted tanbien puede escribir a Surety at: P.O. Box 19725 P.O. Box 19725 Irvine, CA 92623-9725 Irvine, CA 92623-9725 You may contact the Texas Department of Puede comunicarse con el Departamento de Seguros Insurance to obtain information on companies, de Texas para obtener information acerca de com- coverage, rights or complaints at: panias, cobermras, derechos o quejas al: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 Fax# 512475-1771 1-800-252-3439 Puede escribir al Departmento de Seguros de Texas PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. P.O. Box 149104 Austin, TX 78714-9104 Fax# 512475-1771 DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Surety primero. Si no se resuelve la disputa, puede entonces comuni- carrse con el departamento (TD[). UNA ESTE AVISO A SU POLIZA: Este aviso es solo pars proposito de informacion y no se convierte en parte o condicion del documento adjunto. 111"Sc%irm Insco Insurance Services, Inc. Underwriting Manager for: Developers Surety and Indemnity Company • Indemnity Company of California 17780 Fitch, Suite 200 Irvine, CA 92614 1-800-782-1546 www.inscoDico.com ID-1404 (TX) (4/01) aenL By: Oex 855; 972 771 9672; 26 Nov'03 9:52; Job 659;Page 1/1 ACQRD CERTIFICATE OF LIABILITY INSURANCE DATE (0 ) mmuCER (972)772-1396 FAR K 8 S Insurance Agency P 0 Box 27' (972)771-4695 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 701 Justin Road Rockwall, TX 75087 l~ INSURERS AFFORDING COVERAGE NAIL M - MOORED Pates Utilities, Int. INWReeA - Valley Forge Insurance Co. 1 20508 1617 Nest Pioneer Parkway , INrrrRwiirontinental Casualty Insurance 20413 1 Grand Prairie, TX 71 OS1-0000 w~NRCnc. United National Ins. Co. INERD Fireman's Fund Insurance Co- 0057 -8239 (972)641 MmmRE M,KOMlQ THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSU FrcD NAMED ABOVE FOR THE POLICY PEMODINDIDATED- NOTWOHeTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TWS CERTIFICATE MAYBE ISSUED CR MAY PERTAIN, THE rCURAN(E AFFORDED BY THE POL-ES DESCRIBED HEREW IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONLIMONS OF SUCH POUGIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. IN's TYNE OF W&MAWE' POLI:YNDYSeI [4tSlIYE iX~A UNIT _ a■iauLLwwTY 70'2068956275 /15/2003104/151200 EAaarxvRw& s i 000 X WMMERGALOeARALL"LRY WMAMETOaenm S 50,00C CUASANnt j ocr MEN)PIP(A^Y^~P~1 3 5,O A PERWNALS Adl M.MIRY 6 - 9Ent54,L At0:-REOA1t s 2,000,0 i 3GEn A90REQA7E.IMR AFPLe$ f Imp ' PROI%1GiS cctm N AQO 3 2 ON I I WJnL: X .~'cG ~ :At: I ~ 1 I I AuroMDesELIAVKM I $OA2068956406 4/15/2003 j 04/15%2004 =Aq,,,O SrucLC UNP ~ i i X i MY At= , A GtM®M:M ~ 1 HODMY INJURY - I m S $ 1 aS.nl'I:L4~U ALn~y_ I ••pe.~ 1 1 1 X iatED AUI09 / / ~ ~ ~ eoaM1Y 1N,A IRY S IY".A, 1✓l'tYL1].YYIIFJ V IP.f KEWbMI ! 'Nt~Iz I (Po W 3 , AARAOI LMaMUTY I lNITa GrxY.FJ, ACpDEN1' Am ' j i I ~A•rc. Orr.EA Tr+;, - Am L 1 I E,Ye=;fIm"EL! Au, -mn I CU OBd17S-al 04!13/2003 1 011152004 1-1.el, ocwrsr.4NCS . s 2:00U: - I X CICdJR CL MSAWIIC I I I AGGREGATE j i 2 DOG, i }~~J [TeL`iJDIeNE 3 1 X 1 RE EamoN s 110 WORMRS CWrE1G5AT10R ARO ;it20689583I1 ~04/35 j2003 04115 j 2004 f X ATE ' ?r. eaLaYEas UASMin Anv r+RrnRx*av~Art~FR Fxr^: =t. =A2}N AtY:a@.i s 1.000, A , - c+r~Erca€raeFRt"s i 1 Y ' i P1.'acEAtE-eA ERWIa~ i i.~.N IR20YIn4N6 blmx 1 1 1 CL'. VASE- L1,Y11%W 1 1000 OO a 977035281 ti Ma n'"si` / 04/I5/2003 04/1S/2004 $300,000 Limit D Fl ater uiSment Floater S1,000 Deductible . " As W Schedele _ a afstt r Pecan ofts 1.a iA Aaomer IePBMLL er" n Pecan Bae~ n SananTtaryw, ;owaraeemant~arm - 8~g ,688! Cert.fi amp Holder shall be Aoyte as j ~ the G/i, automobile, 6 UNIdIrgl7n Poiici=.ynr of Subrmajigp included in famr of x /✓Atltl'7 iA6tl. End. G-17957-F42 Attached."3aid Policy shall nut he canceled nonrmNewed ert.holI ea W C ,3 ~ materially A' I m.ec a/x30 days advanced written notice being given to ommerszity3esse e'as the licy is being cancalled for aom-p4met of prem. in which case 10 days adv.writtei notice is required. City of Denton ✓ 9016 i2Ras Street Denta6. TX 7501 ACORD n [MAW E.=m rjjsft r. THE Issas mumimRWRa. &OL-m PTVVAL ~I r~n.-e :C TRE.~.,Tx'„ATE NID;,.czGa eNa~x-Ur` IrrT, eur>;AeaNneroaAdaucnnarNCmanA3:.aaa~AloeeLgArrtw aRtuawx 0%.W- A0%& ¢dN[S mCORPORATION im NM-26-21WI3 WED 113:23911 TD:Mac Barbell / Pac La Utilities PAGiE:1 CNA ) G (Ed 5 04/98) For AUth.commftmnOYouMA.- INSURED: PATCO UTILITIES, INC. POLICY C268956275 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (called additional insured) whom you are required to add as an additional insured on this policy under a written contract or agreement but the written contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," "personal injury" or "advertising injury." B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is only an additional insured with respect to liability arising out of: a. Your premises; b. "Your work" for that additional insured; or c. Acts or omissions of the additional insured in connection with the general supervision of "your work." 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or agreement or in the Declarations for this policy, whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. 3. Except when required by contract or agreement, the coverage provided to the additional insured by this endorsement does not apply to: a. "Bodily injury" or "property damage" occurring g after: (1) All work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. b. "Bodily injury" or "property damage" arising out of acts or omissions of the additional Insured other than in connection with the general supervision of 'Your work." 4. The insurance provided to the additional insurance does not apply to "bodily injury," "property damage," "personal injury," or "advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, or inspection activities performed as part of any related architectural or engineering activities. C. As respects the coverage provided under this endorsement, Paragraph 4.1b. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended with the addition of the following: 4. Otherlnsurance b. Excess Insurance This insurance is excess over: Any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be either primary or primary and noncontributing. Where required by contract, we will consider any other insurance maintained by the additional insured for injury or damage covered by this endorsement to be excess and noncontributing with this insurance. G-17957-1`42 (Ed. 04/98) Page 1 of 1 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 Cityb y the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of t he T exas Labor C ode a nd r ule 2 8TAC 110.110 o f t he 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. [ ] lire 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' R isk 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 hinds. Limits of not less than each occurrence are required. II 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. 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: (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 c ontractor shall p ost 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 p aragraphs (1) 7), w ith t he c ertificates o f coverage t o b e p rovided t o t he 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. 3088 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF EASTERN PECAN INFLOW AND INFILTRATION REHABILITATION IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus,. and other items incidental to construction, and will do all the work and 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 set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. 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. 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. CADesip FIes\East= Pecan Specs\EP2 - PROPOSALAm P-1 Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure 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 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: CADesip FilaTastem Pecan Specs\EP2 - PROPOSAL.dw P-2 EASTERN PECAN BASIN SANITARY SEWER REPLACEMENTS AND LINERS BASE BID - BID TABULATION SHEET PATCO Utilities, Inc. Item Description Quantity Unit Unit Price Total 1.21 Contractors Warranties and Understandings I LS $ 27,500.00 / LS $ 27,500.00 Unit Price In Words 2.12 -B 8" SDR-26 Sanitary Sewer Pipe 1552 LF $ 30.00 / LF $ 46,560.00 Unit Price In Words 2.12.C 8" SDR-35 Sanitary Sewer Pipe 1944 LF $ 28.00 / LF $ 54,432.00 Unit Price In Words WS31 8" hdpe Sanitary Sewer Pipe by Open Cut 138 LF $ 30.00 / LF $ 4,140.00 Unit Price In Words 2.12.C 8" Class 51 Ductile Iron Pipe for Sanitary Sewer 550 LF $ 38.00 / LF $ 20,900.00 Unit Price In Words 3-B Demolish and Remove Concrete Curb & Gutter 1935 LF i s 5.50 / LF $ 10,642.50 Unit Price In Words 3.1 Preparation of Right of Way I LS $ 5,945.00 / LS 11 $ 5,945.00 Unit Price In Words 3.10.4 Broadcast Seeding I T-3-45 SY $ 2.50 / SY $ 862.50 Unit Price In Words 3.9 Block Sod 310 SY $ 5.50 / SY $ 1,705.00 Unit Price In Words 3.12 Temporary Erosion Control 1 LS $ 5,244.00 / LS $ 5,244.00 Unit Price In Words WS 13, WS15 Concrete Manhole (4' I.D.) 25 EA $ 2,200.00 / EA $ 55,000.00 Unit Price In Words 8.1 Barricades, Warning Signs and Detours 1 LS $ 4,000.00 / LS $ 4,000.00 Unit Price In Words 8.2-A Construct Concrete Curb & Gutter 1960 LF $ 15.65 / LF $ 30,674.00 Unit Price In Words WS18 4" Sanitary Sewer Service Including Cleanout 94 EA $ 750.00 / EA $ 70,500.00 Unit Price In Words WS27 Remove Existing Manhole 16 EA $ 750.00 / EA $ 12,000.00 Unit Price In Words WS26 Abandon Existing Manhole 2 EA $ 450.00 / EA $ 900.00 11/7/2003 p-3 EASTERN PECAN BASIN SANITARY SEWER REPLACEMENTS AND LINERS BASE BID - BID TABULATION SHEET PATCO Utilities, Inc. Item Description Quantity Unit Unit Price Total Unit Price In Words SP-37 Excavation Protection 4046 LF I S 2.00 / LF $ 8,092.00 Unit Price In Words SP-39 Project Signs 6 EA $ 750.00 / EA I S 4,500.00 Unit Price In Words SP-43 Asphalt Saw Cut 11890 LF $ 1.75 / LF $ 20,807.50 Unit Price In Words SP-2 Concrete Saw Cut 410 LF $ 225 / LF $ 922.50 Unit Price In Words 3-A Demolish and Remove Concrete Paving 10 SY I S 8.50 / SY $ 85.00 Unit Price In Words 3-C Demolish/Remove Concrete Sidewalk and Driveways 116 SY $ 2.50 / SY I S 290.00 Unit Price In Words 8.3 Construct Concrete Driveway 36 SY I S 17.00 / SY $ 612.00 Unit Price In Words 8.3A Construct Concrete Sidewalk 30 SY $ 4.00 / SY $ 120.00 Unit Price In Words 7.6 Extra Depth for Concrete Sanitary Sewer Manhole 20 VF IS 150.00 / V F $ 3,000.00 Unit Price In Words 7.6 Manhole Lining for 4' Diameter Manhole 170 VF $ 175.00 / V F $ 29,750.00 Unit Price In Words 6.4 Sleeve Case Ex. Water Line-12" Steel Casing Pipe 80 LF $ 45.00 / LF i s 3,600.00 Unit Price In Words Plans Concrete Encasement of 8" Sanitary Sewer 600 LF $ 35.00 / LF $ 21,000.00 Unit Price In Words WS21 Cut and Plug Existing Sanitary Sewer Line 2 EA $ 450.00 / EA $ 900.00 Unit Price In Words SP-10 Rock Excavation 50 CY $ 68.00 / CY $ 3,400.00 Unit Price In Words SPECIAL Abandon Existing 6" Sanitary Sewer 1790 LF $ 12.00 / LF $ 21,480.00 Unit Price In Words 1117/2003 P - 4 EASTERN PECAN BASIN SANITARY SEWER REPLACEMENTS AND LINERS BASE BID - BID TABULATION SHEET PATCO Utilities, Inc. Item Description Quantity Unit Unit Price Total WS31 Pipe Enlargement 6" to 8" 1447 LF $ 58.00 / LF $ 83,926.00 Unit Price In Words WS32 Line 8" Sanitary Sewer 1619 LF $ 46.00 / LF $ 74,474.00 Unit Price In Words WS32 Line 10" Sanitary Sewer 181 LF $ 53.00 / LF $ 9,593.00 Unit Price In Words WS32 Line 15" Sanitary Sewer 173 LF $ 61.00 / LF $ 10,553.00 Unit Price In Words WS32 Line 18" Sanitary Sewer 633 LF $ 74.00 / LF $ 46,842.00 Unit Price In Words WS32 Line 21" Sanitary Sewer 1460 LF $ 92.00 / LF $ 134,320.00 Unit Price In Words WS32 Line 24" Sanitary Sewer 1817 LF $ 114.00 / LF $ 207,138.00 Unit Price In Words WS32 Line 27" Sanitary Sewer 500 LF $ 124.00 / LF i s 62,000.00 Unit Price In Words SPECIAL Barrier Free Ramp I EA $ 650.00 / EA $ 650.00 Unit Price In Words SUBTOTAL BASE BID $1,099,060.00 11/7/2003 P-5 EASTERN PECAN BASIN SANITARY SEWER REPLACEMENTS AND LINERS ALTERNATE NO. 1 (SHEET 14 OF 20) BID TABULATION SHEET PATCO Utilities, Inc. Item Description Quantity Unit Unit Price Total 2.12.8 8" Class 51 Ductile Iron Pipe for Sanitary Sewer 645 LF $ 38.00 / LF $ 24,510.00 Unit Price In Words 2.12-1) 10" SDR-35 Sanitary Sewer Pipe 10 LF $ 32.00 / LF $ 320.00 Unit Price In Words 3-13 Demolish and Remove Concrete Curb & Gutter 10 LF $ 5.50 / LF is 55.00 Unit Price In Words 3.9 Block Sod 450 SY S 5.50 / SY I S 2,475.00 Unit Price In Words WS13, wS15 Concrete Manhole 4' I.D. 4 EA $ 21200.00 / EA $ 8,800.00 Unit Price In Words 8.2-A Construct Concrete Curb & Gutter 30 LF $ 15.65 / LF S 469.50 Unit Price In Words WS18 4" Sanitary Sewer Service Including Cleanout 7 EA $ 750.00 / EA S 5,250.00 Unit Price In Words WS27 Remove Existing Manhole I EA $ 450.00 / EA S 450.00 Unit Price In Words SP-37 Excavation Protection 655 LF $ 2.00 / LF S 1,310.00 Unit Price In Words SP-43 Asphalt Saw Cut 40 LF $ 1.75 / LF S 70.00 Unit Price In Words SP-2 Concrete Saw Cut 180 LF $ 2.25 / LF $ 405.00 Unit Price In Words 3-C Demolish/Remove Concrete Sidewalk and Driveway 32 SY $ 2.50 / SY $ 80.00 Unit Price In Words 8.3 Construct Concrete Drivewa 30 SY $ 17.00 / SY S 510.00 Unit Price In Words 8.3A Construct Concrete Sidewalk 12 SY $ 4.00 / SY S 48.00 Unit Price In Words Plans Concrete Encasement of 8" Sanitary Sewer 645 LF $ 35.00 / LF - S 22,575.00 Unit Price In Words WS21 Cut and Plug Existing Sanita Sewer Line I EA $ 450.00 / EA S 450.00 Unit Price In Words SUBTOTAL ALTERNATE NO. 1 $67,777.50 11/7/2003 P-6 EASTERN PECAN BASIN SANITARY SEWER REPLACEMENTS AND LINERS ALTERNATE NO. 2 (SHEET 15 OF 20) BID TABULATION SHEET PATCO Utilities, Inc. Item Description Quantity Unit Unit Price Total 2.12-D 12" SDR-35 Sanitary Sewer Pipe 10 LF $ 34.00 / LF $ 340.00 Unit Price In Words 3-B Demolish and Remove Concrete Curb & Gutter 60 LF $ 2.50 / LF $ 150.00 Unit Price In Words WS 13, WS1 Concrete Manhole (4' I.D.) 3 EA $ 2,200.00 / EA $ 6,600.00 Unit Price In Words 8.2-A Construct Concrete Curb & Gutter 60 LF $ 15.65 / LF $ 939.00 Unit Price In Words WS27 Remove Existing Manhole 2 EA $ 450.00 EA $ 900.00 Unit Price In Words 1 SP-37 Excavation Protection 20 LF $ 2.00 / LF -1 $ 40.00 Unit Price In Words SP-43 Asphalt Saw Cut 160 LF $ 1.75 LF $ 280.00 Unit Price In Words WS21 Pipe Enlargement 12" to 12" 662 LF $ 67.00 LF $ 44,354.00 Unit Price In Words SUBTOTAL ALTERNATE NO. 2 $53,603.00 11/712003 P-7 EASTERN PECAN BASIN SANITARY SEWER REPLACEMENTS AND LINERS ALTERNATE NO. 3 MANHOLE REHAB SHEETS MH-1,2,3 & 4 BID TABULATION SHEET PATCO Utilities, Inc. Item Description Quantity Unit Unit Price Total WS13, WSI Concrete Manhole (4'1.D.) 9 EA $ 2,200.00 / EA $ 19,800.00 Unit Price In Words WS13, WSIS, Plans Construct Shallow Concrete Manhole 2 EA $ 950.00 / EA $ 1,900.00 Unit Price In Words WS14 Replace Manhole Frame and Cover (Paved Area) 7 EA $ 450.00 / EA $ 3,150.00 Unit Price In Words WS14 Replace Manhole Frame and Cover (Not Paved 10 EA $ 350.00 / EA $ 3,500.00 Unit Price In Words WS27 Remove Existing Manhole 10 EA $ 450.00 / EA $ 4,500.00 Unit Price In Words WS34 Manhole Lining for 4'Diameter Manhole 480 VF $ 175.00 / VF $ 84,000.00 Unit Price In Words 7.6 Extra Depth for Concrete Sanitary Sewer Manhole 7 VF S 150.00 / VF $ 1,050.00 Unit Price in Words 8.1 Barricades, Warning Signs and Detours = 4 $ 800.00 / LS $ 800.00 Unit Price In Words SP-37 Excavation Protection for Each Manhole 6 EA $ 450.00 / EA $ 2,700.00 Unit Price In Words SP-43 Asphalt Saw Cut 380 LF $ 1.75 / LF $ 665.00 Unit Price In Words SP-2 Concrete Saw Cut 95 LF $ 2.25 / LF $ 213.75 Unit Price In Words 3-C Demolish/Remove Concrete Sidewalk and Driveways 16 SY $ 2.50 / SY $ 40.00 Unit Price In Words 8.3 Construct Concrete Driveway 10 SY $ 17.00 / SY $ 170.00 Unit Price In Words 83A Construct Concrete Sidewalk 6 SY $ 4.00 / SY $ 24.00 Unit Price In Words SUBTOTAL ALTERNATE NO. 3 $122,512.75 11/7/2003 P-8 EASTERN PECAN BASIN SANITARY SEWER REPLACEMENTS AND LINERS BID TABULATION SUMMARY SHEET F PATCO Utilities, Inc. SUBTOTAL BASE BID $1,099,060.00 SUBTOTAL ALTERNATE NO. 1 $67,777.50 SUBTOTAL ALTERNATE NO. 2 $53,603.00 SUBTOTAL ALTERNATE NO.3 $122,512.75 TOTAL - BASE BID PLUS ALTERNATIVES 1 - 3 $1,342,953.25 11/7/2003 P-9 BID SUMMARY TOTAL BASE BID PRICE IN WORDS nhe-- t ff 10Y1 nl ggAi 1'\ t h`2 31 i -U r:Vr>I.Inn o.n(i no TOTAL BASE BID PLUS ALT. NO. 1, ALT. NO.2, & ALT. NO.3 PRICE IN WORDS Alternate bid items: The additive alternate bid items may be added to the total base bid prior to award of a contract. Award of the contract will be based on items actually included in the Project. The decision to add the alternate items listed will be solely at the discretion of the City. The lowest responsive proposal for purposes of award shall be the conforming responsible Bidder offering the lowest aggregate amount for the base bid plus those additive alternate bid items providing the most features of the work as selected by the City. The City may or may not choose to incorporate any or all of the additive alternate items listed in the Proposal. 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. Receipt is hereby acknowledged of the following addenda to the plans and specifications: Addendum No. 1 dated I 0-10"O'~ Received ? Addendum No. 2 dated o' I y-o'er Received d)P Addendum No. 3 dated Addendum No. 4 dated Addendum No. 5 dated CADesip Mm Eastem Pecan Spms\RP2 - PROPOSALAm Received Received Received P-10 CONTRACTOR BY e xlm~ Ea-4+ _y5on 6-eSick-n-~ 1u11 P• anee.y Street Address Q:w.ha e i V't 1\ -V~5 I City and State Seal & Authorization (If a Corporation) CA-Ie~-Uq 1-1101 Telephone CdDesign F1es\Eastem Pecan Spms\EP2 - PROPOSAL.dw P - II 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 inn 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: ✓y BIDDER: COMPANY llol~ ~,,y. P, Or~..✓ ~ . Street Address Cp tit cQ pfu, b( , RA ")5oSI City and State THIS FORM MUST BE RETURNED WITH YOUR BID. CONTRACTOR COMPLIANCE TO TEXAS SALES TAX CODE CADesign FIes\Eastm Pecan Specs\EP2 - PROPOSAL.dm P-12 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) All other charges and costs Total The total must equal the total amount of the Contract. CONTRACTOR: COMPANY BY 11Q11 tu. R otle e~ P Street Address CaV-G. b Pf-C61'12. -jx 1 51 City and State LI02,8$Sq't $ Cfyv, o~,0-1.a8 $ i, 3ua,asa~~ THIS FORM SHALL BE EXECUTED AT THE TIME OF EXECUTION OF THE CONTRACT AND SHALL BE MADE A PART OF THE CONTRACT. CADmign Files\Entem Pecan Spms\EP2 - PROPOSALAm P-13