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2001-374AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE CARPENTER ROAD SANITARY SEWER, DENTOI~I, TX, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE (BID 2731 - CARPENTER ROAD SANITARY SEWER, AWARDED TO DICKERSON CONST CO, INC, CELINA, TX, IN THE AMOUNT OF $162,363 75) WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of pubhe works or improvements in accordance with the procedures of STATE law and City ordixmnces, and WHEREAS, the City Managor or a designated employee has received and reeommanded that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described m the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAiNS ~ That the following competitive bids for the construction of pubhc works or lmprovomants, as d_esenbed in the "Bid Invitations", "Bid Proposals" or plans and spemfiea!l, ons .on file in the Office of the City's Purchasing Agent filed according to the bid number ass~gnea hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR .AMOUNT 2731 Dmkerson Construction Company, Inc $162,363 75 ECT~ 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 pubhc works or ~mprovements herein accepted and approved, until such person shall comply with all reqmrements specified in the Notice to Bidders including the timely execution of a written contract and furmshmg of performance and payment bonds, and insurance certificate after notfficatmn 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 Bxdders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contmned therein That upon acceptance and approval of the above competitive bids and the ' 1 execution of contracts for the pubhc works and ~mprovements as authorized here~n, the C~ty Cotmc~ hereby authorizes the expenditure of funds in the manner and ~n the mount as specffied ~n such approved b~ds and authorized contracts executed pursuant thereto ~ That th~s ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED thru the -- day of EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBE~~TORNEY 2B73Yi -CONTRACTU~//~ANC-- '- ATTACHMENT 1 TABULATION SHEET BID# 2731 Date 9/6/01 CARPENTER ROAD SANITARY SEWER No, I DESCRIPTI¢ N VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR JAGOE DtCKERSON DUVAL & SONS CIRCLE C SUTTON & MASTEC CONSTRUCTION INC CONSTRUCTION ASSOCIATES PUBLIC Pnnc~ple Place of Cei~na Sachse Ft Worth Keller Dallas DENTON, TX Business TOTAL BASE BID $162,363 75 $253,868 00 $303,385 50 $178,760 50 $252,785 00 $191,720 60 1 BiD BOND YES YES YES YES YES YES 2 ADDENDUM if 1 YES YES YES YES YES YES Cat~penter RoadiSamtary Sewer Bid # 2731 CITY OF DENTON August 21,2001 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 2nd day of October A D, 2001, 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 Dlckerson Construction Co, Lnc P O Box 181 Cehna, Texas 75009 of the City of Cehna ., County of Denton termed "CONTRACTOR" and State of Texas , hereinafter WITNESSETH That for and m consideration of the payments and agreements hereinafter mentioned, itc be made and performed by OWNER, and under the conditions expressed xn the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work spemfied below Bid #2731 Carpenter Road Samtary Sewer m the amount of $162,363 75 and all extra work in cormectlon therewith, under the terms as stated in tlle General Conditions of the"agreement, and at his (or their) own proper cost and expense to furnish all~ matenals, supplies, machinery, eqmpment, tools, supenntendence, labor, insurance, and other accessones and services necessary to complete the work specified above, m accordance with the conditions ~and prices stated m 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 B~dders (Advertisement for B~ds), and Instructions to Bidders, as referenced here~n and on file ~n the office of the Purchasing Agent, and m accordance with the plans, which mchides all maps, plats, bluopnnts, and other drawings and pnnted or written explanatory matter thereof, and the Specifications therefore, as prepared by Scott Jordon and City of Denton Staff all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract CA-1 89 Carpenter Road,Samtary Sewer B~d # 2731 CITY OF DENTON August 21, 2001 Independent Status It ~s mutually understood and agreed by and between C~ty and Contractor that Contractor 1s an independent contractor and shall not be deemed to be or consxdered an employee of the C~ty of Denton, Texas, for the purposes of ~ncome tax, w~thholdmg, somal security taxes, vacation or s~ck leave benefits, worker's compansatmn, or any other Cxty employee benefit C~ty shall not have supervision and control of Contractor or any employee of Contractor, and ~t ~s expressly understood that Contractor shall perform the servmes hereunder according to the attached specifications at the general d~rect~on of the C~ty Manager of the City of Denton, Texas, or h~s designee under thxs agreement Indemmficat~on Con~ractor shall and does hereby agree to ~ndemmfy and hold harmless the City of Denton from any and all damages, loss, or habfltty of any k~nd whatsoever, by reason of ~njury to property or tturd persons occastoned by any error, om~sston or neghgent act of Contractor, its officers, agents, employees, ~nwtees, and other persons for whom ~t ~s legally hable, w~th regard to the performance of tfus Agreement, and Contractor will, at ~ts cost and expense, defend and protect the C~ty of Denton agmnst any and all such clmms and demands Choice of Law and Venue Th~s agreement shall be governed by the law of the State of Texas and venue for ~ts construction and enforcement shall he m the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date estabhshed for the start of work as set forth ~n written nottee to commence work and complete all work w~tlun the t~me stated ~n the Proposal, subject to such extenmons of t~me as are prowded by the General and Specml Cond~tmns The OWNER agrees to pay the CONTRACTOR m current funds the price or prices shown m the Proposal, whteh forms a part of th~s contract, such payments to be subJeCt to the General and Special Cond~tlons of the Contract CA- 2 90 Carpenter Road,Samtary Sewer B~d # 2731 CITY OF DENTON August 21, 2001 IN WITNESS WHEREOF, the part~es of these presents have executed th~s agreement ~n the year and day! first above written ATTEST BY (SEAL) ATTEST CONTRACTOR APPROVED S TO FO MAILING ADDRESS PHONE NUMBER CHz- l z. oq3 TITLE PRINTED NAME (SEAL) CA- 3 91 Inquiries Regarding Claims Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemmty Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartford Insurance Company of Illinois Hartford insurance Company of the Midwest Hartford Insurance Company of the Southeast Please address lnqumes regarding Claims for all surety and fidelity products ~ssued by The Hartford's underwriting compames to the following Phone Number Fax - Clmms E-mml Madlng Address 888-266-3488 860-757-5835 or 860-547-8265 clmms~l stepsurety com The Hartford The Hartford F~dehty & Bonding (BOND) Hartford Plaza 690 Asylum Avenue Hartford, CT 06115 Carpenter RoadlSamtary Sewer B~d # 2731 CITY OF DENTON August 21, 2001 PERFORMANCE BOND STATE OF TEXAS § COUNT¥C FDENTON § BOI~D ~61BGSAX0662 Dlckerson Construction, Co, Ine whose hereinafter called Pnnmpal, , a corporatmn orgamzed and KNOW ALL MEN BY THESE PRESENTS That ' P O Box 181, Cehna, Texass 75009 address ~s . existing under the laws of the State of CTiClrr , and fully authorized to transact business m the State 0f Texas, as Surety, are held and firmly bound unto the City of Denton, a mummpal corporatmn lorgamzed and existing under the laws of the State of_T_e_x.~,_.he~jn~.a?~r~Bw~e~xlnD the penal sum of ONE HUNDRED AND SIXTY TWO THOUSAr, II~, SIXTH TItREE DOLLARS and SEVENTY FIVE CENTS ($ $162,363 75 ) pros ten percem o~m~ stated pena~ sum as an additional sum of money representang additional court expenses, attorneys fee, and hqmda~ed damages arising out of or connected w~th the below identified Contract, in lawful money of the Umted States, to be paid m Denton County, Texas, for the payment of wtuch sm well and truly to,be made, we hereby bind ourselves, our heirs, executors, admlmstrators, successors, and assigns, jointly and severally, firmly by these presents This Bond shall automatically be increased bY the amountlof any Change Order or Supplemental Agreement, which increases the Contract price, but m no event ishall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of tMs Bond THE OBLIGATION TO PAY SAME is condmoned as follows Whereas, the Pnnmpal entered rote a certtun Contract, ~dentffied by Ordinance Number 2001- 374, with the C~ty of Denton, the Owner,, dated the 2nd day of October. A D 2001, a copy ofwtuch is hereto attached and made a part hereof, for B~d #2731 Carpenter Road Sanitary Sewer N~w THEREFORE if the Pnnmpal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, condmons and agreements of said Contract in accordance w~th the ' 1 Plans, Spemficatlons and Contract Documents dunng the ongma term thereof and any extension thereof which may be granted by the Owner, w~th or without notice to the Surety, and dunng the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the unc~ertakmgs, covenants, terms, condmons and agreements of any and all duly authorized modfficatl~ns of said Contract that may hereafter be made, notice of whmh modfficataons to the Surety being hereby waived, and, if the Pnnclpal shall repair and/or replace all defects due to faulty materials and workmansMP that appear within a period of one (1) year from the date of final completaon and final acceptance of the Work by the Owner, and, ~f the Pnnc~pal shall fully mdemmfy and save harmless the Owner from all costs and damages whtch Owner may suffer by reason of ftulure to so perform hereto and shall fully reimburse and repay Owner all outlay and expense which the Owner may recur m makang good any default or deficiency, then th~s obligation shall be void, otherwise, shall rem~n m full force and effect PB - 1 92 Carpenter Road,Samtary Sewer B~d # 2731 CITY OF DENTON August 21, 2001 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie m Denton County, State of Texas AND PROVIDED FURTHER, that the smd Surety, for value received, hereby stipulates and agrees that no change, extensmn of tune, alteration or addmon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc, accompanyang the same, shall m anywise affect its obhgatmn on this Bond, and it does hereby wmve 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 gtven 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 reqmslte notices may be dehvered and on whom service of process may be had m matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this Instrument is executed in 6 copies, each one of which shall be deemed an ong~nal, this the ~m~ day of~, 2001 ATTEST PRINCIPAL PRESIDENT ATTEST SURETY I:IAR"I~ORI) FIRE INSTTRANC~ ATTO~Y-~-FACT Th~ Resident Agent of th~ S~ m D~nton County, T~xas for dChw~ of notm~ pro~ss is NAME i~l..ql~ & ~8OeTl'l~.q 81]K~'I~/IIgSIIRAN(II~- AP.I~I~"~ STREET ADDRESS 8820 WILL ~.AVTON PK'I~ m~,tl~l.R TX 77338 (NOTE Date of Performance Bond must be date of Contract g~ve a persoWs name ) PB - 2 If Resident Agent is not a corporation, 93 Carpenter Road ~Samtary Sewer Bid # 2731 CITY OF DENTON August 21, 2001 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS BOI~ ~61BCSAX0662 That Dmkerson Construction, Co, Inc whose address is PO Box 181, Cehna, Texas 75009 herexnafter called Pnnmpal, and ~Ae'I'FORD ~II1~ INSm~a}~Cl~ (IOI~PAIIY , a corporation organized and exlstnng under the laws of the State of commc'flc'Fr ,, and fully authorized to transact business ~n the State of Texas, as Surety, are held and firmly bound unto the C~ty of Denton, a mumclpal corporatmn organized and exmtmg under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporatxons who may furmsh materials for, or perform labor upon, the bmldmg or improvements hereinafter referred to, in the penal sum of ONE HUNDRED AND SIXTY TWO THOUSAND, THREE HUNDRED AND SIXTY THREE DOLLARS AND SEVENTY FIVE CENTS ($[62,363 75 ) ~n lawful money of the Umted States, to be prod m Denton, County, Texas, fur the payment of winch sum well and truly to be made, we hereby bind ourselves, our he,rs, executors, administrators, successors, and assigns, jointly and severally, firmly bY these presents Tins Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement winch increases the Contract price, but in no event shall a Change Order or Supplemental Agreement winch reduces the Contract price decrease the penal sum of tins Bond THE OBLIGATION TO PAY SAME is condlt;oned as follows Whereas, the Pnnmpal entered ~nto a certain Contract, ldentffied by Ordinance Number 2001- 374, with the Cxty of Denton, the Owner,~dated the 2nd day of October A D 2001 , a copy of winch ~s hereto attached and made a pm hereof, for Bid #2731 Carpenter Road Sanltatw Sewer NOW, THEREFORE, zf the Pnnclpal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporatmns and clmmants supplying labor and/or matenal m the prosecution of the Work provtded for ~n smd Contract and any and all duly authorized modxficatlons of smd Contract that may hereafter be made, notice of winch modfficatxons to the Surety being hereby expressly wmved, then tins obhgatmn shall be void, otherwise ~t shall remmn in full force and effect PROVIDED FURTHER, that ffany legal actmn be filed on ttus Bond, exclusive venue shall lie ~n Denton County, Texas AND PROVIDED FURTHER, that the smd Surety, for value recexved, hereby stipulates and agrees thal no change, extension of t~me, alteration or addmon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specfficattons, Drawings, etc, accompanying the same, shall m anywise affect ~ts obligation on tins Bond, and xt does hereby wmve notme of any such change, extension of tn'ne, alteration or adchtlon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Spemficatlons, Drawings, etc PB - 3 94 Carpenter Road Samtary Sewer B~d # 2731 CITY OF DENTON August 21, 2001 Tlms Bond is g~ven pursuant to the prowslons of Chapter 2253 of the Texas Government Code, as amended, pad any other appheable statutes of the State of Texas The maderslgned and designated agent is hereby designated by the Surety herein as the Resident Agent m DeBton County to whom any requlsae notices may be dehvered and on whom servme of process may be had an matters arising out of such surety, as prowded by Amcle 7 19-1 of the Insurance Code, Vemo~a's Annotated Clwl Statutes of the State of Texas IN V~ITNESS WHEREOF, tMs instrument ~s executed in 4 copies each one of which shall be deemed an onganal, tMs the 2lin day of~, 2001 ATTEST PRINCIPAL SEC T. ,q.) ' pRESIDENT ATTEST SURETY ATTORNEY-IN-FACT · rm~IIESA GAIIBN~R, IX ~ #1109904 The Res~de~at Agent of the Surety in Denton County, Texas for dehvery of notice and service of the process Is NAME STREET ADDRESS 8820 tyY~I~ eT.AYTON ~ ml~aT.l~ ~ 77338 (NOTE Date of Payment Bond must be date of Contract If Restdent Agent ~s not a corporatton, gtve a person ~s name) PB - 4 95 ~ Hartford F~re Insurance Company r~ Hartford Casualty Insurance Company ~'~ Hartford Acc~derlt and Indemmty Company E~] Hartford UnderWnters Insurance Company THE HARTFORD HARTFORD pLAZA HARTFORD CONNECTICUT 06t 15 Twin C~ty Fire Insurance Company ~ Hartford Insurance Company of Ilhno~s [~ Hartford Insurance Company of the Midwest ~] Hartford Insurance Company of the Southeast ~ KNOW ALL I~ERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company Hartford Accident and Indemnity Company and Hartford Unde~wnters Inaurance Company, corporations duly organized under the laws of the State of Connectmut Hartford Insurance Company ofllhnol$, a corporatmn duly organized under the laws of the State of Ilhno~s, Hartford Casualty Insurance Company Twin C~ty Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana and Hatlford Inaurance Company of the Southeast a corporabon duly orgamzed under the laws of the State of Flonda having their home office m Hartford Connecticut, (hereinafter collectively referred to as the "Compames ) do hereby make consbtute and appoint up to the amount of unlimited Bruce C DeHarf Edward L Moore, David R Groppell, Regina C Dowhng Rosalyn D Hassell, Theresa Gardner Nancy T Tanko of Humble TX their true and lawful Attomey(s)-in-Fact, each in their separate capacity ;f more than one is named above to sign ~ts name as surety0es) only as dehneated above by [], and to execute, seal and acknowledge any and all bonds undertakings contracts and other wrdten instruments m the nature thereof, on behalf of the Compames m thmr business of guaranteeing the fldehty of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law In Witness Whereof, and as authorized by a Resolution of the Board of D~rectors ofthe Companies on September 12th 2000 the Companies haveicaused these presents to be s~gned by ~ts Asamtant V~ce President and ~ts corporate seals to be hereto affixed, duly attested by ~ts Assistant Secretary Further, pursuant to Resolution of the Board of D~rectors of the Compames, the Compames hereby unambiguously affirm that they are and will be bound by any mechanically apphed signatures applred to th~s Power of Attorney Paul A Bergenholtz Assistant Secretary STATE OF CONNECTICUT ',~ Ss Ha~ord COUNTY OF HARTFORD John P Hyland Assistant V~ce President On this 19th day of September 2000 before me personally came John P Hyland to me known who being by me duly sworn did depose and say that he resides ~n the County of Hartford, State of Connecbcut, that he ~s the Assistant Vine President of the Companies the corporst~ons desgnbed ~n and which executed the above ~nstrument, that he knows the seals of the sa~d corporabons, that the seals affixed to the sa~d ~nslrument are such corporate seals, that they were so affixed by authority of the Boards of Directors of said corporations and that he s~gned h~ls name thereto by like authonty CERTIFICATE // Jean H Woznlak Notary Pubhc My Comrmssmn Expires June 30 2004 I the undersigned, Assistant Vlca President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of October 2 2001 Signed and isealed at the City of Hartford Colleen Mastrolanm AsslstantV~ce President Carpenter Roac1 Samtary Sewer Btd ii 2731 CITY OF DENTON August 21, 2001 NAME OF BIDDER DATE MS CHRISTY SKIRCHAK PURCHASING CITY OF DENTON 901-B TEXAS STREET DENTON, TX 76209 Dear Ms Slarchak The underslgned, m compliance w~th your advertisement for B~ds for Carpenter Koad Samtary Sewer, having e×~,ned the Drawings and Specifications, together w~th the related documents and all conditions surrounding the work, and having ws~ted the s~tes of the proposed work, hereby, proposes to funush all work ~n every detail ~n accordance vath the Contract Documents w~thm the ttme set forth here~n and at the pnce$ stated below These pnces shall cover all expenses recurred in performing the work under,the Contract Documents, of whtch the Proposal ~s a part Attached herewith, please find (Casluer's Check) (Certified Check) (B~d Bond) m the amount of $ ~ ~'o , five percent (5%) of the b~d I (or we) acknowledge receipt of the following addenda ADDENDA #1 ~ (Imttal) ADDENDA #2 (Imttal) ADDENDA #3 (Intt~al) Carpenter Road Samtaty Sewer B~d # 2731 CITY OF DENTON August 21,2001 CONTRACT DOCUMENTS Having examined the Proposal, General Instructions, Materials, Executmn, Drawings, and Contract for (B~d # 2731) Carpenter Road Samtary Sewer, and having examined the prermses and mrcumstances affeetmg the work, the undersigned offer OFFER 1 To fumlslt all labor, material, tools, eqmpment, transportation, bonds, all applicable taxes, mmdentals, and other famht~es, and to perform alt work for the smd Sherman Drive Stone Matrix Asphalt Ovezlay for the following area BASE BID - Carpenter Road Samtary Sewer SEE ATTACI-IED UNIT PRICE BREAKDOWN P3 - P4 75 Project Name Item l 21 31 122 '. 1210 1211 12 54 Descnptton Contractors Warrantaes and Understandings ,Carpenter Road Samtary Sewer BID TABULATION SHEET - / LS Umt l~nco In Words P repa[ation of Right of Way Umt Price In Words 6" San SewerPipe, 5-10'deep Umt Price In Words 8" San Sewer Pipe, 5'-10'deep Umt Price In Words 8" gan Sewer Pipe, 10'-15'deep Umt Price In Words 8" C-900 SS P~pe, 5'- 10' deep Un~ Price In Words 15" Bore & Case mci 8" SS Unt ~Pnce In Words 7 6-A-1 4' D~a Concrete M~-hnle (6'deep) Untt~Pnce In Words ? 6-A-1 Addtttonal Deptlx ( 4' Dm) MH Umt Price In Words 7 6-A-2 5' Dla Concrete M~-hnle (6'deep) Und~ Price In Words 7 6-A-2 Ad4,tmnal Depth ( 5' Dla ) MH Unit Price In Words ~S-30 Brqak Into Exist MH Umt Price In Words WS-18 S~,m~ry Sewer Service Unit Price In Words IP. eS.erSe ce I 11 1094 Work Days B~d No PO No Umt Price b,c~o ~7- /LS 303 LF $ 2~ '~,, 1794 LF $ 2 ;t ;2 60 Total / LF [$ q,<~qg ~k / LF $4q,]35 4041LF [$ 3~ ~ 20I.~ $ 50 ~,~. /LF 15 100 LF $ { ~- ~0 ~ 8 EA $ 211LF $ /LF $ I¢S,¢0o ;. /EAI$ ~o2[V~ /LF {$ I~,I~B" Prolect Name , Carpenter Road Sanitary Sewer BID TABULATION SHEET Work Days Bid No PO No 6O Item I Description Quantity Umt Price Total Umt Price In Words P-43 ~awCut 380 2'~ /LF [$ :1~o '~, Un~ pnce In Words Pawm~n* 12 4c~ '~, /TON $ 4,'8oa ~'^ ~P37 Umt pnce In Words Trench Safety Symem 2492 LF $ I'- /LF [$ ew4c~z ~'.~ Unit Pnce In Words 312 Tem~oraryEros,onCon~rol I ILS $ :~,o-cs /LS I$ :;$o. 7,, SP39 Unit ~Pnce In Words [Prqlgct S,gns [ 3 EA $ 25.o'¢x /EA[$ :/S0 Un~ Price In Words Bamcades, W~-rnmg Slglls and Dotours ] LS $ 2 cot~ Ts / LS I$ 2~oo0-'-~^ 3107 umt[ Pnce In Words Hydromulch 39 Unit Price In Words UmI Pnce In Words Unit Price In Words 213(45) Flexbase I260 isY S ~'~ /SYI$ I,c~s° ~ SP-IO Unit Pnce In Words II~o~k Excaw'~- I S0 [CY $ 25,"~. /CYI$ t,zgo ~, 8/15/01 P 4 Carpenter Road Samm.*y Sewer ProJect Total Cost = $ B~d # 2731 CITY OF DENTON August 21, 2001 MATERIALS LABOR TOTAL EXAMINATION OF SITE By roguing the Proposal Form, contractor acknowledges he is an anthonzed representatave and has exarmned the sate and is aware of all field conditions, winch may affect the work TAXES Tax shallnot be included m your bad Upon receipt of notice of acceptance of tins bid, wlthln tbarty (30) days of the date of ttus proposal, I (or we) agree to execute the formal contract within ten (10) days thereafter, and to dehver an Insurance Certxficate, l a SURETY BOND m the mount of ONE HUNDRED and TEN PERCENT (110%) of the contract price for the fmthful performance of the contract, and a ONE HUNDRED PERCENT (100%) STATUTORY PAYMENT BOND The underilgned agrees to complete all work shown on the drawings and m the specfficataons within the time llI~ts set forth below subJeCt to additional days that may be added due to inclement weather and/or other justafied and reasonable extensions or tame as may be approved by the Owner Contractors that are awarded contracts shall be prepared to immediately sat down with the City of Denton Representataves and present a plan that will illustrate how progression of work as to take place to insure completion of all work within specified tume hnnts The tame lnmts are as follows All work ts to be started and completed within 60 (sixty) work days Work days are defined m the Supplemegtary Condmons If a contractor as awarded the project, the project must be completed within the dates shown above or the contractor will be subject to liquidated damages as set forth below A working day as defined as a calendar day, m winch weather or other conditions not under the control of the company wall penmt the performance of the pnnclpal umts of work undenvay for a continuous penod of/tot less than seven (7) hours between 7 00 A M and 6 00 P M The unde:slgned agrees that the Owner may retain the sum, as prescribed an the North Texas Council of Govemmants General Provisions, from the amount to be pa~d to the undersigned for each calendar day that the work contemplated remains incomplete beyond the tune set forth, Sundays and holidays INCLUDED Tlus amount is agreed upon as the proper measure of hqmdated damages winch the Owner will sustain per day by faxlure of the undersigned to complete the work at the stapulated trine, and is not to be construed m any sense as a penalty 78 Carpenter Road Samtary Sewer B~d # 273 ! CITY OF DENTON August 21, 2001 Payment wll~ be made to the contractor wtlun thirty (30) days after receipt of proper invoice and written acceptance of project from the Owner's r~presentat~ve, all reqmred material ~nvomes, documentatmn, etc and all wntten wancanttes from both contractor and manufacturer I (or we) agree to promptly furnish a con:eot and current financial statement of condmon wth a hst of owned eqmpment and an expenence record of completed projects for exam~natmn by Owner and arc~tect, if same ~s reqmred SEAL (If by Corporatxon) RESPECTFULLY SUBMITTED BY (T~tle) (Address) 79 Carpenter Road Samtary Sewer Bid # 2731 CITY OF DENTON i August 21, 2001 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the msurance reqmrements below It is tughly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submtsslon the avallabthty 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 dlsquahfied from award of the contract Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to malntam 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 C~ty of Denton, Owner, the minimum insurance coverage as indicated hereinafter As soon as practicable after notfficatlon of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Co~tractor may, upon written request to the Purchasing Department, ask for clarlficatm[t 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 b~d opening unless a written exception has been submitted with the bid Contractor shall not commence any work or dehver any material until he or she receives notification that the con~ract has been accepted, approved, and signed by the City of Denton All msurange policies proposed or obtained in satisfaction of these, requirements shall comply with the following general specifications, and shall be mamtamed 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 authonzed to do business m 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 ~:equested 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 · Llabthty pollmeS 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 96 Carpenter Road Samtary Sewer B~d # 2731 CITY OF DENTON August 21, 2001 apphes separately to each insured against whom claim is made or suit is brought The mcluslon of more than one insured shall not operate to ~ncrease the insurer's lnult of habfllty · All policies shall be endorsed to read' "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATER[ALL Y 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 DA YS AD VANCE WRITTEN NOTICE IS REQUIRED". Should any of the reqmred insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of flus contract and, without lapse, for a penod of three years beyond the contract expiration, such that occurrences arising dunng the contract term which give nsc to claims made after expiration of the contract shall be covered Should any of the reqmred insurance be prowded under a form of coverage that includes a general annual aggregate hmlt providing for clmms investigation or legal defense costs to be included m the general annual aggregate limit, the Contractor shall either double the occun'ence limits or obtain Owners and Contractors Protective L~abfl~ty Insurance Should any requrred insurance lapse dunng 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 msurance ~s not reinstated, C~ty may, at ~ts sole option, ternunate tins agreement effectave on the date of the lapse SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS All ~nsurar~ce pohcles proposed or obtained ~n satisfaction of th~s Contract shall additionally comply wl~h the following marked specifications, and shall be maintained ~n 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 hmlts of not less than $1,000,000 shall be prowded and mamtatned by the Contractor The pohcy shall be written on an occurrence basis either m a single pohcy or in a combination of underlytng and umbrella or excess pohmes If the Commercial General Liability form (ISO Form CG 0001 current edition) is used · Coverage A shall ~nclude prermses, operations, products, and completed operatxons, andependent contractors, contractual liability covenng ti'ns contract and broad form property damage coverage 97 Carpenter Rca4 Samtary Sewer Bid # 2731 CITY OF DENTON August 21, 2001 · Coverage B shall include personal injury · Coverage C, medacal payments, is not required ~f the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) ~s used, it shall ~nclude at least · Bodily injury and Property Damage Llainhty for premises, operations, products and completed operations, ~ndependant 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 habfllty [X] AutOmobile Llabdity Insurance: IX] [] Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a s~ngle policy or in a combination of basra and gmbrella or excess pohmes The policy will include bodily injury and property damage halu~lty arising out of the operation, maantenance and use of all automobiles and mobile equlpmant used m conjunction with tins contract Satisfaction of the above reqmrement shall be ~n the form of a pohcy endorsement for · any auto, or · ;all owned, lured and non-owned autos Workers Compensation Insurance Contractor shall purchase and mamtmn Worker's Compensation insurance which, in adrhtlon to meeting the mnumum statutory requirements for issuance of such insurance, has Employer's Llal~fllty limits of at least $100,000 for each accident, $100,000 per each employee, and a $50p,000 policy hmlt for occupational d~sease The City need not be named as an "Additional Insured" but the insurer shall agree to wmve 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 promslons of Attachment 1 in accordance with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Cormnlssmn (TWCC) Owner's and Contractor's Protective Llabd~ty Insurance Thei Contractor shall obtmn, pay for and mmntam at all t~mes dtmng the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the Cgy as insured for property damage and bodily injury which may arise m the 98 Carpenter Road Samtary Sewer Bid # 2731 CITY OF DENTON August 21, 2001 prosecution of the work or Contractor's operations under thxs contract Coverage shall be on ma"occurrence" basis, mad the policy shall be issued by the same ~nsurance company that tames the Contractor's liability insurance Policy limits will be at least, combined bodaly injury mad property damage per occurrence with a aggregate [ ] Fire Damage Legal Liability Insurance Coverage is reqmred if Broad form General L~abfl~ty ~s not prowded or is unavailable to the contractor or if a contractor leases or rents a portion of a City building Llrmts of not less than each occurrence are required [] Professional L~abihty Insurance Profassmnal liability msurmace w~th hm~ts not less than per claim with respect to negligent acts, errors or omlsmons m connection with professional services is requrced under th~s Agreement [] Builderst l~sk Insurance Bmlders' Rask Insurance, on an All-Pdsk form for 100% of the completed value shall be promded Such policy shall include as "Named Insured" the City of Denton mad all subeontractors as their interests may appear [] Additional Insurance Other insurance may be reqmred on ma mdlvidual basis for extra hazardous contracts mad specific service agreements If such additional insurance is required for a spemfic contract, that reqmrement will be described in the "Specific Conditions" of the contract specfficaUons 99 Carpenter Road Samtary Sewer Bid # 2731 CITY OF DENTON August 21, 2001 ATTACHMENT 1 [X] Wot~ker's Compensation Coverage for Budding or Construction Proleets for Governmental Entities A Defimtlons B C D E Certificate of coverage ("certlficate")-A copy of a certificate of insurance, a certificate of anthonty 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 entlty's employees providing services on a project, for the duration of the project Duration of the project - includes the time from the beglnmng 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 chrectly with the contractor and regardless of whether that person has employees Tins includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furmshes persons to provide services on the project "Services" include, without limitation, pmwchng, hauling, or dehvenng equipment or materials, or providing labor, transportation, or other service related to a project "Servmes" does not include activities unrelated to the project, such as food/beverage vendors, office supply dehvenes, and delivery of portable toilets The contractor shall provide coverage, based on proper reporting of classification codes land payroll mounts and filing of any overage agreements, winch meets the statutory ,requirements of Texas Labor Code, Section 401 011(44) for all employees of the IContraetor promdlng services on the project, for the duration of the project The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract If the coverage penod 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 penod, file a new certificate of coverage with the governmental entity showing that coverage has been extended The contractor shall obtmn f~om each person promdmg services on a project, and provide to the governmental entity 100 Carpenter Road Samtary Sewer B~d # 2731 CITY OF DENTON August 21, 2001 (1) a certificate of coverage, prior to that person begumlng work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons prowdlng 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 dunng the duration of the project F The contractor shall retain all required cerhficates of coverage for the duration of the project and for one year thereafter G The contractor shall notify the governmental enhty ~n writing by certffied mai or personal dehvery, wlthm 10 days after the contractor knew or should have known, of any change lhat matenally affects the prowslon of coverage of any person prowdlng services on the project H The contractor shall post on each project s~te a not,ce, in the text, form and manner prescribed by the Texas Workers' Compensation Commmsmn, reforming all persons providing servmes on the project that they are required to be covered, and statmg how a person may verify coverage and report lack of coverage I The contractor shall contractually reqmre each person w~th whom ~t contracts to prowde services on a project, to (1) provide coverage, based on proper reporting of classification codes and payroll mounts and fihng of any coverage agreements, which meets the statutory reqmrements of Texas Labor Code, Section 401 01I(44) for all of its employees prowd~ng services on the project, for the duration of the project, (2) provide to the contractor, prior to that person beglnmng work on the project, a ce~ficate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the proj eot, (3) provide the contractor, prior to the end of the coverage penod, a new certificate of coverage showing extension of coverage, if the coverage penod shown on the current certificate of coverage ends dunng the duration of the project, (4) obtmn from each other person wxth whom it contracts, and prowde to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project, and Co) a new certificate of coverage showing extension of coverage, prior to the end of the coverage penod, if the coverage period shown on the current certfficate of coverage ends dunng the duration of the project, (5) retatn all reqmred certificates of coverage on file for the duration of the project and 101 Carpenter Road Samtary Sewer for one year thereafter, Bxd # 2731 CITY OF DENTON August 21, 2001 (6) notify the governmental entity ~n writing by certified mall or personal delivery, wathan I0 days after the person knew or should have known, of any change that materially affects the prowslon of coverage of any person providing services on the project, and (7) contractually reqmre each person with whom ~t contracts, to perform as required by paragraphs (1) - (7), with the certfficates of coverage to be prowded to the person for whom they are provlchng services By mgmng thts 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' compensatlon coverage for the duration of the project, that the coverage will be based on proper reporting of classfficatlon codes and payroll amounts, and that all coverage agreements will be filed w~th the appropriate msurance earner or, in the case of a self- insured, wath the commission's Dlwslon of Self-Insurance Regulation Prowdlng false or m~sleadlng Information may subject the contractor to adnnmstratlve penalties, cnrmnal penalties, c~vfl penaines, or other ClVfl actions K The contractor's failure to comply wtth any of these provisions is a breach of contract by the contractor wluch entitles the governmental entity to declare the contract void ff the contractor does not remedy the breach within ten days after receipt of not,ce of breach tYom the governmental entity Bid 2731 - Carpenter Road Samtary Sewer 102 EMPLOYERS GENERAL PAGE BI EMPLOYER80I~NIRAL INSURANCE GROUP, INC, 123 N. CROC=K~TT, 8UITE ~OO DICKEF[aON CONaTRUOTION COMPANY, INC CEUN~ 7EXA~ ~ HOLDER, THIS OERTIFICAT~ DO~ #OT AMEND. 1~1~ .OR I ALTER THE COVERAGE AFFORDED IY ~ I~,10~11 ii.OW, I INEURERI~ AFFOI~I~t~ C:O~RA~ ,~umm ~ OLD RE~BLiC~LOYD~ ~ T~ - TH E PO~C. ZEE OF IN~ UI~N~ LI$'TEO ~ELOW HA~ ~ ~UED TO THE ~SURED N~ED ~O~ FOR ~E POUCY ~Y RE~Nl ~M ~ ~NOm~ OF ~ ~CT OR OTHER DO~MENT ~TH RE$PECT TO ~ICH ~Y PE~ ~E I I~E ~ROED BY ~g P~IGIE8 ~RIBED HEREIN 18 SUBJECT TO ~L THE ~RME, · ~IE~ A~G~ ~ [~1~ ~HO~ ~Y ~ BE~ RED.ED ~Y PAID C~MS ~ ~c~w TCP~4642~4' 03~5 2001 03-0~2002 6,~ ~'~ ~-1467~9 0~1.2001 0g.01 ~2 c~o~ , 1,~,~ X ~6AIO ~IOY 6~ N >T 9E ~GELLED, NONRENEV ~ED OR ~TEF IALLY C~NG ~I~N NOTICE B~NG Gl ~N TO THE OWNER (CI~) EX( ',EPT WHEN TH E POLICY IS B lNG ~CELLED FOR N~PA~E~ 3F ~EMIUM t ~ ~1~ ~ E 10 DAY8 ~VANQED WRITE ~ NOTICE ISR~ ~QUIRED" J~ BID ~731 - ( ~E~R ~ ~ITARY SEWER ~LICIES ENDOR~ ED TO ~DE ~AI~R OF ~UBRO~TION & 'ADDITIONAL INSURED IN FAVOR OF THE CI~ OF DENON, OFFICIALS AG E~, EMPLOYEE~ & V~U~EERS IF THERE IS A WRI~EN CO~CT BE~EEN ~E ~ INSURED~ THE ~ OF DENTON I~ OFF~LS, A~NT~, EMPLOYEES & VOLUNTEERS REQUIRING THE CANCELLATION CITY OF ~ ~ ~m~u~~~ ~ 30 ~ ~ D~ON, ~ 7~ ~ I