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2000-251
ORDINANCE NO AN ORDI ^CCEPTINa COMPETmVE Ba S AW m INa A PtmLIC WOE. rS CONTRACT FOR THE CONSTRUCTION OF A 138KV TRANSMISSION FACILITIES UPGRADE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDI .'qG AN EFFECTIVE DATE (BID 2522 - DENTON NORTH TO NORTH LAKES 138KV Ti La2qSMISSION LINE UPGRADE AWARDED TO RED SIMPSON, INC IN THE AMOUN~ ! OF $543,297 96) WHEREAS, the City has solicited, received and tabulated competitive bids for the construction ofpubhc 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 heremldescnbed bids are the lowest responsible b~ds for the construction of the public works or lmprover~ents described in the bid mvltat~on, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COIIJNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ I That the following competitive bids for the construction ofpubhc works or lmproven~ents, as described m 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 hereb~ accepted and approved as being the lowest responsible bids BI[D NUMBER CONTRACTOR AMOUNT 2~22 Red Simpson, Inc $543,297 96 SI~CTION II That the acceptance and approval of the above competitive bads shall not constltutd a contract between the City and the person submitting the b~d for construction of such public works or improvements herein accepted and approved, until such person shall comply with all reqmrem~ ~nts specified m the Notice to Bidders mcludlng the timely execution of a written contract and furm~ bang of performance and payment bonds, and Insurance certificate after notification of the award of :he bid Si ~CTION III 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 lnds accepted and approved herein, provided that such contracts are made in accordance with the Not,ce to Bidders and Bid Proposals, and documents relating thereto spemfymg 0,~ *~ -ms, conditions, plans and specifications, standards, quantities and specified sums contmned SECTION IV That upon acceptance and approval of the above compet~ttve b~ds and the executton of contracts for the pubhc works and unprovements as authorized heroin, the Ctty Cotmctl hereby authorizes the expenthture of funds m the manner and tn the amount as spemfied tn such approved b~ds and anthonzed contracts executed pursuant thereto SECTION V That th~s ordmance shall become effecttve ~mmedtately upon tts passage and approval PASSED AND APPROVED th~s the /~ day of ~, 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2522 - CONTRACTUAL ORDINANCE CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 15 day of A D, 2000, by and between C~ty of D~ntnn of the County of D~ntnn and State of Texas, acting through thereunto duly anthonzed so to do, hereinafter termed "OWNER," and ,t61t~ Pnrllnmant Dr ,qmt~ Alaxandrm' I.A of the Cxty of Alexandria, County of Rapidest and State of Lomsmna, hereinafter termed "CONTRACTOR" WITNESSETH That for and m cons~deranon of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the condmons expressed m the bonds attached hereto, CONTRACTOR hereby agrees w~th OWNER to commence and complete performance of the work spemfied below RId 2~;99.!~ l'lantnn Nnrth tn Mnrth 1 .nkaa lqRR'V Tranamm~llnn 1 .Ina II?Eracla in the amount of *t/,~q,9.O7 06 and all extra work in counectlon therewith, under the terms as stated m the General Conditions of the agreemem, and at his (or their) own proper cost and expense to furnish all materials, supphes, machinery, eqmpmem, tools, supenntertdence, labor, insurance, and other accessories and serwces necessary to complete the work specffied above, m accordance w~th the conditions and prices stated m the Proposal and the Performance and Paymem Bonds, attached hereto, and m accordance w~th all the Gener, Conditions of the Agreement, the Specml Condmons, the Notice to Bidders (Advertisement fot B~ds), and Instructions to Bidders, as referenced hereto and on file m the office of the Purchasing Agent, and ~n accordance w~th the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, CA - 1 and the Specfficat~ons therefore, as prepared by Dt~ntnn Mnmelpnl l~.lp~trlc' I"l~?artna~nt all of which are referenced herein and made a part hereof and collectively evidence and constitute the enttre contract Independent Status It is mutually understood and agreed by and between C~ty 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 Cxty employee benefit City shall not have supervision and control of Contractor or any employee of Contractor, and tt is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general dtrecUon of the City Manager of the City of Denton, Texas, or hts designee under this agreement Indemnification Contractor shall and does hereby agree to lndemmfy and hold harmless the City of Denton from any and all damages, loss, or liability of any kmd whatsoever, by reason of injury to property or third persons oecasmned by any error, om~ssmn or neghgent act of Contractor, its officers, agents, employees, mwtees, and other persons for whom it is legally hable, with regard to the performance of this Agreement, and Contractor will, at Its cost and expense, defend and protect the Cxty of Denton against any and all such claLms and demands Choice of Law and Venue Thls 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 m written nottce to commence work and complete all work within the time stated m the Proposal, subJeCt to such extensions of time as are provided by the General and Special Conditions The OWNER agrees to pay the CONTRACTOR m 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 parUes of these presents have executed th~s a§reement tn the year and day first above written /,~/~/~/~t/ff~...ST ' ~ (SEAL) ATTEST d~ ?/~,~/ Red S,mpson, Inc CONTRACTOR SuneonTlubeauxlr - S~.Tres P O BOX 12120 Alexandria Lomsmna, 71315-2120 MAILING ADDRESS 318 441 8400 PHONE NUMBER 318 487 1074 FAX Nt~ __ John S~m~n - (SEAL) crr ^rro / CA - 3 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That I~od g,m?nn, the whose address is ~.61~ Parlmmont Dr hereinafter called Principal, and w~t a.~.-a can Tnm~rnnce Cempa_ ny a corporation organized and existing under the laws of the State of Indzana , and fully authorized to transact busmess tn the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumctpal corporation orgamzed and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of l:,ve lqnndrecl Fatty Three Thnn~and Tu/c, lqunrlred Nhnety Reven and 061100 DOLLARS ($ 543?.07 06) plus ten percent of the stated penal sum as an addmonal sum of money representing adtht,onal court expenses, attorneys' fees, and hqmdated damages artsmg out of or connected with the below ldentffied Contract, tn lawful money of the Umted States, to be pad in Denton County, Texas, for the payment of wfuch 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 ~n 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 ~n~q.2~l , w~th the City of Denton, the Owner, dated the 15 day of A.g.~t A D 2000~ a copy of which IS hereto attached and made a part hereof, for ~,rl 2$22 - Dontnn Nnrth tn Nnrth I.ake~ 13RKV T~,an~mmmnn NOW, THEREFORE, ff the Principal shall well, truly and fanhfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract tn accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, w~th or without notice m 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, nouce 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 wtthln a period of one (t) year from the date of final completion and final acceptance of the Work by the Owner, and, if the Principal shall fully mdenmlfy and save harmless the Owner from all costs and damages wfuch Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense whmh the Owner may incur In makmg good any default or deficiency, then this obhgauon shall be void;, otherwise, shall remain tn full force and effect PB- I PROVIDED FURTHER, that If any legal acnon be filed upon th~s Bond, exclusive venue shall he m Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety for value recewed, hereby stipulates and agrees that no change, extension of tune, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder or to the Plans Spemficattons, Drawings, {:to, accompanying the same, shall tn anywise affect its obhgatton on this Bond and it does hereby waive notice of any such change, extension of time, alteration or adthtlon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans Specfficattons, Drawings, etc This Bond ~s given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Fexas 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 dehvered and oil 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, Vernon's Annotated Civil Statutes of the State of Texas [N WITNESS WHEREOF, this instrument is executed ~n 4 copies each one of which ~hall be deemed an original, this the 15 day of A [ ILST PRINCIPAL _~. ~ Red--S' mpgnn ' Tnt' A [ I L'ST %URFFY [ hc Resident Agent of the Surety tn Denton Cd~m?-'/lexa'; for delivery ol not,cc and servmc uf the process ts NAME Dw~.cjht lt/~_l, cox- ~qest .bracts_can l_n_s~ura?_e Company % [ REET ADDRESS ~6~q.kch~rl2on. TX 75083-3826 / 800-788-8980 (NOFE Date of Performance Bond must be date of Contract If Resident Agent ts not a ( orporatton, give a person's name ) PB -2 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Recl ~,m?nn. loc , whose address is ~61% Parhnment I~r .~nffe 9(~C~. Alezanclrm. I.A 71qOq hereinafter called Prtnctpal, and West Amerxcan Insurance Company a corporaUon organized and exlstmg under the laws of the State of Indxana , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumcipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto ali persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or unprovements hereinafter referred to, In the penal sum of I~,ve 14nndrocl I~orty Three Tho, tRand Two H,mdrad N,n.ty Revco and q6/lfiO DOLLARS ($ '~a'~.?q7 q6) in lawful money of the United States, to be paid in Denton, County, Texas, for the payment of whlch 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 Thts 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 _ ?.fiO0-751 . with the City of Denton, the Owner. dated the 15 day of A,,g.~t A D )flflO , a copy of which Is hereto attached and made a part hereof, for R,d '~S').?. - I~enton North to North l ake~ la, REV Trnn~m,~,on t .me J I?grade 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 alt duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obhgaUon 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, tot value received, hereby stipulates and agrees that no change, extension of tune, alteration or addition to the terms o[ 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 addtuon to the terms of the Contract, or to the Work to be performed thereunder, or*to the Plans Specfficattons, Drawings, etc PB - 3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety hereto as the Resident Agent tn Denton County to whom any reqms~te notices may be delivered and on whom service of process may be had in matters arising out of such suretyslup, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the 15 day of A,,g.~t 2000 ATTEST PRINCIPAL Red $~ BY SECRffTARY ,~I~SiD ENT ATTEST SURETY ~1 he Resident Agent of the Surety m Denton County I exas ['or dehvcry ol notice and serwcc ol the process ~s blAME P~Lg_ht w~_l.cox - I/est hmerman Insurance Ccznpan¥ %TREET ADDRESS P O. Box 833826, RJ~chardson, TX 75083-3826 / 800-788-8980 (NOTE Date of Payment Bond must I~e date oJ Contract If Re~tdent Agent t~ not a t orporat~on give a person's name ) PB - 4 Contract 2522 Denton North to North Lakes 138KV Transm~sston Line Upgrade GL.i( 1 I1 ill) C. OPY k)l pkIWt F- ~.)1 A I 10RNI. Y TIlE OHIO CASUALTY INSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY I No 34-827 ($15,000 ~000 00) DOLLAJ~, oxeludmg ho,,,~v~- any bo~d(i) m' u~dovla{cmg(i) guaranteomg th= p~yment of notes ~nd interest thcmon bcl.~ U' of 0~ Company S .u~h. ~l~{ui .~.. mud ~oal ,m h~*rgby ,do~ by th~ Cempany as m~ 6~ ual ,,Sn~turcs and ~ca{ to I~ vahd ,nd binding upon thc Company vath thc same force IN V/ffNESS WHEREOF I~_voh~ounto~myhar~{mdthotoallofthoCompamo~lh,, ].5~ch d,yof -~-UC~9~C ~'UUU CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Btdder's attentton ts &rected to the tnsurance reqmrements below It ts htghly recommended that btdders confer wtth their respective insurance carriers or brokers to deteranne tn advance of But subtmsston the avadabdtty of insurance certtJ~cates and endorsements as prescribed and provided heretn If an apparent Iow bulder falls to comply strictly with the insurance requirements, that btdder may be dtsquallfied from award of the contract Upon bid award, all tnsurance requirements shall become contractual obllgattons which the successful bidder shall have a duty to maintatn throughout the course of this contract STANDARD PROVISIONS. Without ltmtttng any of the other obltgattons or habdtttes of the Contractor, the Contractor shall provtde and matntatn unttl the contracted work has been completed and accepted by the Ctty of Denton, Owner, the mtmmum tnsurance coverage as tndtcated heretnafter As soon as practicable after nottficatton of btd award, Contractor shall file wtth the Purchasing Department sattsfactory certtficates of tnsurance, contatmng the btd number and tttle of the project Contractor may, upon written request to the Purchastng Department, ask for clartficatlon of any tnsurance requtrements at any ttme, however, Contractors are strongly advtsed to make such requests prtor to btd opentng, stnce the tnsurance requtrements may not be modtfied or waived after btd opening unless a wrttten exceptton has been submttted wtth the btd Contractor shall not commence any work or dehver any material until he or she recetves nottJ~catton that the contract has been accepted, approved, and signed by the Ctty of Denton All tnsurance poltctes proposed or obtatned tn sattsfactton of these requirements shall comply wtth the followtng general spectficattons, and shall be matntatned tn compliance wtth these general spectficattons throughout the duratton of the Contract, or longer, tf so noted · Each pohcy shall be issued by a company authorized to do bus~ness 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 ~n the b~d proposal If requested by the C~ty, the insurer shall reduce or elumnate 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 · L~ab~hty pohc~es shall be endorsed to provide the following · , Name as additional insured the City of Denton, ~ts 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 ILmlt of liability · All policies shall be endorsed to r~ad "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 reqmreA insurance be provded under a claLms-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 explratmn 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 lunlt providing for claLms mvestigatmn or legal defense costs to be included m the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance · Should any reqmred 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, termmate this agreement effective on the date of the lapse SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS All insurance pohctes proposed or obtained tn satisfaction of this Contract shall addttlonally comply with the following marked specifications, and shall be maintained in comphance with these additional specifications throughout the duration of the Contract, or longer, if so noted [X] A General Lmbthty Insurance: General Llablhty insurance with combined single limits of not less than $~,on~ooo _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, operatmns, products, and completed operattons, independent contractors, contractual habfl~ty covermg th~s contract and broad form property damage coverage · Coverage B shall mclude personal injury · Coverage C, medical payments, is not reqmred If the Comprehensive General Lmblhty form (ISO Form GL 0002 Current Ed~tmn and ISO Form GL 0404) ~s used, ~t shall mclude at least · Bodily injury and Property Damage Llablhty for premises, operaUons, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures · Broad form contractual habd~ty (preferably by endorsement) covering th~s contract, personal injury habthty and broad form property damage habfl~ty [Xl Automobde Liabd~ty Insurance Contractor shall prowde Commercial Automobile L~abfllty tnsurance w~th Combined Single Lun~ta (CSL) of not less than $1 .oeo,ode} e~ther m a s~ngle pohcy or m a combination of basic and umbrella or excess policies The pohcy wall include bodily injury and property damage hablhty artslng out of the operation, maintenance and use of all automobtles and mobile eqmpment used m conjuncUon w~th th~s contract SaUsfacuon of the above reqmrement shall be in the form of a pohcy endorsemem for · any auto, or · all owned, h~red and non-owned autos [X] Workers Compensation Insurance Contractor shall purchase and mamtaxn Worker's Compensatton insurance which, in adthtxon to meeting the mnamum statutory reqmrementa for issuance of such insurance, has Employer's Lmblhty hmtts of at least $100,000 for each acctdent, $100,000 per each employee, and a $500,000 pohcy hm~t for occupattonal disease The C~ty need not be named as an "Adthtmnal Insured" but the ~nsurer shall agree to watve all rights of subroganon agmnst thc C~ty, as officials, agents, employees and volunteers for any work performed for the C~ty by the Named Insured For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406 096 of the Texas Labor Code and mir 28TAC 110 110 of the Texas Worker's Compensation Commlsmon (TWCC) [ ] Owner's and Contractorts Protective Lmbdlty 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 L~ablhty insurance policy naming the City as insured for property damage and bothly injury which may ar:se m the prosecution of the work or Contractor's operations under this contract Coverage shall be on an "occurrence" basxs, and the pohcy shall be ~ssued by the same insurance company that tames the Contractor's habthty insurance Policy limits wall be at least combined boddy mjury and property damage per occurrence w~th a aggregate [ ] Fire Damage Legal Lmbflity Insurance Coverage is reqmred ~f Broad form General L~abthty ~s not prowded or is unavadable to the contractor or d a contractor leases or rents a portion of a City building Lmuts of not less than each occurrence are reqmred [ ] Professional Liability Insurance Professmnal lmblhty insurance w~th hmlts not less than per claim w~th respect to neghgent acts, errors or on~sslons ~n connection wtth professional services is required under th~s Agreement [ ] Builders' Risk Insurance Budders' R~sk Insurance, on an AII-R~sk form for 100% of the completed value shall be prowded Such pohey shall include as "Named Insured" the C~ty of Demon and all subcontractors as their interests may appear [ ] Additional Insurance Other msurance may be reqmred on an individual bas~s for extra hazardous contracts and specific serwce agreements If such additional insurance is required for a specific contract, that reqmrement will be described m the "Specific Conditions" of the contract spec~ficaUons ATTACHMENT 1 [X] Worker's Compensation Coverage for Budding or Construction Projects for Governmental Entities A Defmatmns Certificate of coverage Ccertlficate")-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 entlty's employees providing services on a project, for the duration of the project Duration of the project - includes the t~me 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 provlthng servlces on the project ("subcontractor" m §406 096) - includes all persons or ent~t~es perforrmng all or part of the serwces the contractor has undertaken to perform on the project, regardless of whether that person contracted directly w~th the contractor and regardless of whether that person has employees This includes, without lnmtatlon, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to prowde services on the project "Services" include, without 1Lmltation, prowthng, hauling, or delivering equipment or materials, or provlthng labor, transportation, or other service related to a project "Services" does not include actlwt~es unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets B The contractor shall prowde coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory reqmrements of Texas Labor Code, Section 401 011(44) for all employees of the Contractor providing serwces on the project, for the duration of the project C The Contractor must provide a certificate of coverage t(s ~,~ 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 w~th the governmental entity showing that coverage has been extended E The contractor shall obtain from each person providing services on a project, and prowde 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 prowdmg 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 mall or personal delivery, w~thm 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project H The contractor shall post on each project site a notice, In the text, form and manner prescribed by the Texas Workers' Compensation Comnusslon, 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 I 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 begmmng 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 ~t contracts, and prowde 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 perxod, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (5) retain all reqmred certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity ~n wrltmg by certified mall or personal dehvery, w~thm 10 days after the person knew or should have known, of any change that matermlly affects the prows~on of coverage of any person providing serwces on the project, and (7) contractually reqmre each person w~th whom ~t contracts, to perform as reqmred by paragraphs (1) - (7), w~th the certificates of coverage to be prowded to the person for whom they are prowdmg serwces J By slgmng th~s contract or prowd~ng or causmg to be prowded a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who wxll provxde serwces 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 classxficatlon codes and payroll amounts, and that all coverage agreements will be filed w~th the approprmte insurance earner or, in the case of a self-~nsured, with the commission's D~vis~on of Self-Insurance Regulation Provldmg false or misleading reformation may subject the contractor to administrative penalties, criminal penalties, c~vfl penalties, or other civil actxons K The contractor's failure to comply with any of these prows~ons ~s a breach of contract by the contractor which entities the governmental entity to declare the contract void if the contractor does not remedy the breach Wlthln ten days after receipt of notxce of breach from the governmental ent;ty Btd 2522 Insurance RED SIMPSON, INC. P O Box 12120 * Alexandria, LA 71315-2120 Phone (318) 487-1074 · Fax (318) 443-8361 July 12, 2000 RE Denton, Texas -Bad 2522 - Denton North to North Lskes 138 ky T/L Upgrade FED EX - PRIOITY Tom D Shaw, CPM City of Denton 90lA Texas Street Denton, TX 76201 Dear Tom Shaw, CPM Along with tins letter, RSI is san&rig their proposal to build the above referenced prolect. Red Simpson Inc proposes to provide all supervision, labor, tools, eqmpment and matenal not furmshed by owner, in accordance with plans and speclficaUons ClanficaUons 1 Tb~s proposal does not include any costs for state sales or use tax 2 RSI's bid price does not include Relocating or moving any underground obstruction, unhty owned or foreign, pipes, condmts, drmns, sewer, gas or water boes, etc 3 Denton will supply all materials incorporated into the project other than concrete and rebar Sincerely, Manager of Estamatmg RED SIMPSON INC Enclosure (1) LJM/llm cc Ronme Appelbee Max Green Job Fde BRANCH OFFICES 0035 BID PROPOSAL To City of Den ton, Texas Purchasing Department 901-B Texas Street Den ton, Texas For Bid Number 2522 Project Title Transmission Poles for the Denton North to North Lakes 13gkV Upgrade From Company Name RED SIMPSON, INC Mmhng Address 4615 Parhament Dr State 200 City, State, Zip Alexandria, La 71303 Telephone 318.441 8421 Fax 318.441 8478 We offer the bids stated on the following pages for construcuon of the above referenced project located In Denton, Texas, in accordance with the plans and spec~fications In submitting the attached bids, RED SIMPSON, INC .(company name) agrees that acceptance of any or all items by the City of Denton, Texas within 90 days constitutes a contract The complete bid proposal must be properly priced, signed, and returned By /~/f John Stmpson Signature Title ~/ Prestdent Date July ~2, 2OOO Page I of 11 A Ix)lc untt conmsts ofonc polc in placc It docs not include Ix)lc-top ~sscmbiy ~1~ or otacr pans am~nco to mc CITY OF DENTON BID PROPOSAL FOR DENTON NORTH TO NORTH LAKES 138kV UPGRADE BID NUMBER 2522 POLE UNITS QUAN INSTALLATION EXTENDED UNIT UNITS UNIT PRICE COST Pole st~l 112', TUS-SWlTCH I 2,587 5( 2,587 50 Polo, Sleel 90', TUS-SC I 2,827 5( 2,827 50 ~olo S~I as', TUS-~A , I 3,1~7 50 3,127 50 Polo Stol s5'~s-5~ 2 2,76'/50 5,535 00 Polo stool, 8o', TUS-~F I, 3,727 50 3,727 50 Pole Steel, 60' TUS-$D I 2,467 50 2,467 513 Polo Stol, s~' TUg-SE i 2,227 50 ,2,227,5¢ Pole St~ol, 90', TP-138S 7 2,827 5C 19,792 5( Polo, Stol, ~5' TP*I38S I1 2,767 5C 30,442 5( Polo, Stgml 80', TP-138S 3 2,767 5( 8,302 5( "Pole, Stol 60', TUH-TA 2 3,067 5( 6,135 00 TOTAL 87,172 50 PAGE 2 OF 11 5/31/00 CITY OF DENTON BID PROPOSAL FOR DENTON NORTH TO NORTH LAKES 138kV UPGRADE BID NUMBER 2522 POLE TOPS UNITS pole-top assembly umt consists of the hardware, crossarms and their appurtenances, insulators, crc, ,rt the conductors and OHGW QUAN INSTALLATION EXTENDED UNIT OF UNITS UNIT PRICE COST TUS-5A I 1,500 0( 1,500 0~] TUS-5B 2 780 0{ 1,560 0C rus-sc ! 1,200 0( 1,200 0{ rUS*SD I 1,200 O0 1,200 0( TUS-SE I 1,200 00 1,200 O( TUS-~ I 1,800 00 1,800 00 TUS SWITCH I 2,400 00 2,400 00 TP-I3SS 21 240 00 5,040 00 TW-5 { 1,200 0U 1,200 00 TUH-7A I 1,350 0(~ 1,350 00 C7AXS [ 360 0C 360 0~ TOTAL 18,81o o¢ PAGE 3 OF 11 CITY OF DENTON BID PROPOSAL FOR DENTON NORTH TO NORTH LAKES 138kV UPGRADE BID NUMBER 2522 CONDUCTOR UNITS A conductor assembly trait congists of 1,000 fi ora single conductor or OHGW, and includes all rcqm~d tie wlt~, sphces and armor rods where necessary Thc lang~ of conductor or OHOW ~tll be determined by taking the sum of all strm~ht horizontal span dlstmices between conterhnc oftbe poles ~he oonduotor sizes and types are listed by thc Conductor "Code Name", whore appli~tble, QUAN INSTALLATION EXTENDED UNIT OF UNITS UNIT PRICE COST Conductor, 795 0 MCM 37/0 AAC, Arbttt~, 49 500 1,800 0~ 89,100 0~ ~onduet~r, 556 5 MCM 19/0 AAC, Dehlm 5 ~00 1,440 0( 7,920 0~ )HOW 3/S" £HS, 6 SOO , 480 0( 3,264 0( F~ber opUc cable, 7iS" &a AD~ 7 400 1,500 0( 11,100 0( [ TOTAL 111,3840(] Thc B~ddcr shall complete the follomng infommtion and submit w~th Ms B~d Tabuiatton BULL WHEEL INFOILMATION l~amcntcr Bull Wbecl Diameter Oroovc roches Tinckncss of Nt:oprenc at Bottom of Oroovc , , inches STRINGING SHEAVE INFORMATION Diameter Tan~cot Shc4tv© roches l~ametcr Groove , Tinckncss of Ncoprane et Bottom of Oroove roches Diameter Large Angle Sbe~ve roches l~amcter Ctmovc roches Tinckness of Ncoprane itt Bottom of Groove roches PAGE 4 OF 11 CITY OF DENTON BID PROPOSAL FOR DENTON NORTH TO NORTH LAKES 138kV UPGRADE BID NUMBER 2522 ALTERNATE CONDUCTOR ASSEMBLY UNITS A conductor assembly unit consists of 1,000 R ofa smglc conductor or OHGW, and includes all required tic wire, splices and armor rods where nccnssary The length of conductor or OHGW shall bc determined by takang the sam of all strmght horizontal sport 0aatanceS between cont~rhne of the po|ns The conductor s~zan and types arc listed by the Conductor "Code Name", where applicable QUAN INSTALLATION EXTENDED UNIT OF UNITS UNIT PRICE COST Co. at,~. 795 0 MCM, 37/0 AAC, Arbutus 16 ~00 1,920 00 31,680 0( Conductor, 556.5 MCI~ I9~ AAC, Dahlm 2 500 1,500 0C 3,750 0( OHGW, 3/8" EHS 1 500 480 0¢ 720 00; TOTAL 36,150 o{ The Bidder shall complete the following information and subrmt with his Bid Tabulation BULL WHI~EL INFORMATION Dmmenter Bull Wheel roches l~ametar Oroovc roches Th~cknnss of Neoprene at Bottom of Groove inches STRINGING SHEAVE INFORMATION Diameter Tangent Sheave inches Dlanlcter Groove inches Thickness of Neoprene at Bottom of Groove inches Diameter Large Angle Sheave ~nches D~amctar Groove inches Thickness of Ncoprcoe at Bottom of Groove inches PAGE 5 OF I I 5131100 CITY OF DENTON BID PROPOSAL FOR DENTON NORTH TO NORTH LAKES 138kY UPGRADE BID NUMBER 2522 ,, FOUNDATION ASSEMBLY UNITS foundatton nssembly trait consists of nil conc~*te, t~e wire, roba' and ~nchor bolts to construct the foundnttons QUAN INSTALLATION EXTENDED UNIT OF UNITS UNIT PRICE COST FND=SWITCH I 6,727 8( 6,727 8( ~D-SA I 12,558 90 12,558 9{ 513 2 ,10,258 80 20,517 60 F~t~SF I 19,399 80 19,399 80 FND-51) I 10,553 80 10,553 80 F~-SE I 8,692 60 8,692 60 rUH-TA, TM-t0,1 2 3~393 0~ 6,786 00 TP-138S TM=IOIY 8 3,071 0C 24,568 00 TP-138S TM-101X Il 3,042 0C 33~462 0~ TP-13$S TM.10! 3 2,803 0( 8,409 0~ TOTAL 151,675 5( PAGE 6 OF I I 5/31100 CITY OF DENTON BID PROPOSAL FOR DENTON NORTH TO NORTH LAKES 138kV UPGRADE BID NUMBER 2522 MISCELLANEOUS ASSEMBLY UNITS A nnsccllsoeons assembly umt consists of co ad&tiunal umt needed in the project for new linc construction but not otherwise listed in the proposal '[his scoUun includes grounding assemblies conslstm~ of the conductor, grmmd rod, groondmg plat~ coonectm's and claml~ ns shown on th~ rnspcotwc drawings for the various type~ It also include~ fuse cutouts, roalosers, scottonalizers, swttohes, calmoitors, regulators, metormg and other assembly units QUAN INSTALLATION EXTENDED UNIT OF UNITS UNIT PRICE COST FM-2A 3 600 00 1,800 00 TM-2A~ 6 840 00 5,040 00 TM*4~7 3 180 00 540 0U TM-~0IO IS 135 0C 2,430 0~ TM. LIOI~T 2 180 0~ 360 0~ rM-U 3 210 0~ 630 0( rM-C I 360 0( 360 0( rM T ~ 420 0( 2,100 00 TM-DS 2 270 00 540 00 TM-USW1TCH I 135 00 135 00 Kl4c ~ 15 00 15 0u TOTAL 13,950 of PAGE 7 OF 11 CITY OF DENTON BID PROPOSAL FOR DENTON NORTH TO NORTH LAKES 138kV UPGRADE BID NUMBER 2522 REMOVAL ASSEMBLY UNITS Removal assembly UOltS cover the furnishing of all labor, equipment, sod nmterail for thc removal of existing units of coastructlon from existing lines, disassembling into matunal items, and pll labor and t~msportation for appropriate disposition of all materials in accordance with the specification Disposition will include rotunnog some ltcms to the owner m useable form and con&flun at a location speclfide by thc owner Thc removal units arc 9pacified by the prefix I and followed by thc assembly unit designation of existing assembly umts to be removed The following special notes apply to specifio Femoral units a~ Poles. All poles of the same height, regardless of polo clans, are designated by thc same omi. The Contractor' is not required under this umt to remove from the pole any ground wire or pole numbering attached to the pole This unit includes the refilling and tamping of holes m a workunmhke manner unless they are reused b Pole-Top Assemblies. The unit of removal of pole-top nssembhes includes, in adthuon to the removal of the assembly itself; any necessary handling, resaggmg, and retying of conductors in those cases where existing pole-top assembly will be removed and roplased by a new pole-top assembly and where soy existing conductor is to be reused The unit of removal of pole-top assemblies includes any boldmg or handling of malnlme or tap conductors st tap hnes* angles, and deadends where sunh is revolved, and reinstalling of such conductor tn acoerdanco with thc spec~fications c Conductor Tho conductor removal unit covers tho removal of conductor or cable, reeling or coiling it in a workmanlike manner, and proper disposition. F~ber optic cable shall be returond to tho Owner Other wire and conductor devious wdl becone property oftbe contractor d Guys All guys regardless oflungth, type of attunhmunt, or size of guy strsod arc specified by thc same unit e Anchors Only anchor rods arc to be removed by the Con~'actor in anchor removal units The anchor will bo left in thc ground. f Transformers Thc unit for removal of trensformer assembly units is divided into two sccUons, (1) Convenuonal Transformer Assembly, and (2) Self-Protected Transformer Assembly "self-Pmtoctnd" refers to transformers where all protective equlpmcot *s mounted on or within the transformer 'Conventional" refers to transformers where the protective equipment is mounted separately from the transformer Trunsformars are to remain the property of the Owner g Secondary Units Theunltforremovalofscoondasyesscmbhe ~I s m addltton to the removal ofthe assembly itself, all necessary handling such as untying, resaggmg, and retying vi ~, lery conductor or cables where existing secondary conductor or cable is to be reused In addition, tho unit for re~noval ot secondary assembly arcludes the handling or holding of any conductor at tap lines where such is mvotvnd, and the remstalhng of such tap conductor in acoordsoce with the specifications h Service Unit The umt for removal of service assembhes includes, in adthtiun to the removal of the assembly itself, all necessary handling such as untying, rasaggmg, and retying of service conductor or cable where existing service conductor or cable is reused PAGE 8 OF 1 1 CITY OF DENTON BID PROPOSAL FOR DENTON NORTH TO NORTH LAKES 138kV UPGRADE BID NUMBER ~ 2522 REMOVAL ASSEMBLY UNITS (Continued) QUAN REMOVAL EXTENDED UNIT OF UNITS UNIT PRICE COST 19o 2 60720 1r214 4i IS5 3 573 60 1,720 80 180 26 432 00 11,232 00 175 6 405 O0 2r430 O0 170 3 378 00 1,134 O0 165 I 292 81] 292 8~ 16,0 I 270 0(~ 270 155 2 225 0£ 450 O~ 145 I 135 0~ 135 O~ ' x STUn 2 270 0{ 540 O~ 1~0'CNC ~ 240 0( 240 0[ I Swttoh I 150 O0 150 O( ~ TH.7 ' I 120 O0 120 0{ 1Te49G 30 60 00 1,800 00 I TS-~G t05 135 00 1,417 50 I TS ~ 3 135 O0 405 00 1 TM-2D 6 240 00 1,440 x TM.4~ 4 120 0C 480 0~ 1TA-2H 19 36 0~ 684 ~ ITG-IIA 30 120 0C 3,600 0~ ITG-IID Il 120 0( 1,320 ff~ ITG-IIE 4 120 0( 480 ff~ I TG 26D 6 60 0¢ 360 0[ I TM-LIGHT I 60 00 60 0( ! TM C I 150 00 150 00 I TM-T 5 180 00 900 00 I TM-U 4 102 00 408 00 I TM-vs~,XcH ~ 75 00 75 00 i TM-DS 2 135 0~ 270 0~ 1 rCS 2 204 0(~ 408 0U 1 VC7 6 120 0~ 720 0u I vc2-1 ^ 36 75 0( 2,700 0~. I vc2 ! 36 75 0( 2,700 0,~ 1 KI4 I 36 O( _. I E-I 3 60 00 ~ ' 1 FI 2S 2 36 00 '7~'0~ 1 20 19,236 00 I Arbutu~ 16,030 fl , I Catro ~1 537 fl 0 90 46,383 30 13/8" EHS 7,705 R 0 30 2,312 40 t Alhan~ 4,O27 R 0 48 1~932 96 I Fiber o[gl~ , I 1 399 ~ I 2~ 13,666 TOTAL PAGE 9 OF 11 CITY OF DENTON BID PROPOSAL FOR DENTON NORTH TO NORTH LAKES 138kV UPGRADE BID NUMBER 2522 PROPOSAL SUMMARY EXTENDED DESCRIPTION INSTALLATION POLE ASSEMBLY UNITS 87,172 5£ POLE TOP ASSEMBLY UNITS 18,810 0{ CONDUCTOR ASSEMBLY UNITS 111,384.00 ,(ALTERNATE) CONDUCTOR ASSEMBLY UNITS 36,150 00 FOUNDATION ASSEMBLY UNITS 151,675 50 MISCELLANEOUS ASSEMBLY UNITS 13,950 00 REMOVAL ASSEMBLY UNITS 124,155 9~ TOTAL TRANSMISSION LINE CONSTRUCTION $543,297.9~ * To be in written in words on next page PAGE 10 OF i1 CITY OF DENTON BID PROPOSAL FOR DENTON NORTH TO NORTH LAKES 138KV UPGRADE BID NUMBER 2522 BID SUMMARY TOTAL BID PRICE IN WORDS Five hundred fmty ~ thousand two hundredmn~y sevon dollars and n,ne~, s~x ceuts , , In the event of 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 comphance with the terms and provmons of the contract, to insure and guarantee the work until final completion and a. cceptanco, and to guarantee payment for all lawful claims for labor performed and materials ~urmshed m the fulfillment of the contract It is understood .th. at t.he work propo.s, ed to be done shal! be accepted, when fully completed and finished m accordance vnth the plans and spec~fications, to the satlsfactlon of the Owner The undersigned ~ert~es that the bid pr.~s c. ontamed m this proposal have been carefully checked and are submitted as correct an¢l final Unit and lump sum prices as shown for each item hsted in this proposal, shall control over extensions RED SIMPSON, INC BY .... 4615 Parham~nt Dr. Suite 200 Street Address Alexandria, La 71303 City and State Seal & Authorization (If a Corporation) 318.441.8421 Telephone PAGE 11 OF 11 CERTIFICATE OF LIABILITY INSURANCI~,:., I _~)_,,~s~Q I ~.~..---~- ~--~ ~000~000 ~ ~GOOSO-~ 04/o~JOO O6/O1/O~ ]~ ~OlOT4~ 06/0~/00 OWO~/O~ 00T-D3-on TUE 10149 AU LYNI, I ]~UXAN(Jk GI~P FAX N0. 6014204355 P.~J/01 ATE OF L~BILI~ INSU~NCE ---- O~L~E~ , -,~ --'~ --- A '~~ ~7~ ,~~- "~'"o00~' IN FAV~ C NOT BE ~ IN WMl~ ~ I0 DAYS ~ ~l~N NOTI~ ~ ~UIRED