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HomeMy WebLinkAbout1998-047ORDINANCE NO �DY' AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A CONTRACT FOR PUBLIC WORKS OR IMPROVEMENTS FOR CONSTRUCTION OF THE LANDFILL EXPANSION PHASE I CONSTRUCTION PERMIT 1590A IN THE AMOUNT OF $1,503,817 74, PROVIDING FOR EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE (BIT) # 2165 — LANDFILL EXPANSION PHASE I CONSTRUCTION PERMIT 1590A) 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 I 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 MMBE CONTRACTOR AMOUNT 2165 RANDALL & BLAKE $1,503,817.74 SECTION H 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 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 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 IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herem, 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 V That this ordinance shall become effective iminediately upon its passage and approval PASSED AND APPROVED this the day of 111odAd ,1998 i JAJI,C ,AILLER, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY '++BY ILW APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2165 CONTRACT ORDINANCE BID SUMMARY LANDFILL EXPANSION PHASE 1 CONSTRUCTION PERMIT NO 1590A BID #2165 C WATTS & SONS POWER CONSTRUCTION FOSTER WHEELER LH LACEY METRO-PLEX EXCAVATING ADDICKS SERVICES INC AFFOLTER CONTRACTING LAUGHLIN ENVIRONMENTAL BID TOTAL ALTERNATE BID $1,550,055 68 $1,503,817 74 $1,851,52021 $1,860,15653 $1,988,246 62 $1,789,124 53 $1,995,673 96 $1,886,649 73 $2,060,118 32 $1,972,700 55 $2,096,016 24 $2,060,258 86 $2,151, 871 84 $2,146, 844 84 $2,360,743 66 $2,478,708 46 $2,421,753 93 $2,429,402 72 EXHIBIT 1 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 3 day of MARCH A.D., 19 98, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through _ TED BENAVIDES thersunto duly authorized so to do, hereinafter termed "OWNER," and RANDAr A B7AVV INC / LANDMARK RECLAMATION INC 4901 S WINDERMERE LITTLETON CO 80120 of the City Of-LITTLETON , County of ARAPAHOET and State of COLORADo 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: NDFILL EXPANSION PHASE I CONSTRUCTION PERMIT 1590A in the amount of-s1.5o3.817 74 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, CA - 1 blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by all of which are made a part hereof and collectively evidence and constitute the entire contract. 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, workers 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. Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other Persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. 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. � � v APPROVED AS TO FORM: G � , r / City Attorn AAA0184D Rev. 04/05/96 CA - 3 CITY OF DENTON OWNER By- /'��- (SEAL) RANDALL & BLAKE, INC / LANDMARK RECLAMATION, IN CONTRACTOR 4(0 i (i(l r�((JE�cuEQE MAILING ADDRESS t� - C-s 0.1lB Zi PHONE NUMBER &03 " FAX NUMBED BY TITLE PRINTED NAME (SEAL) PAYMENT BOND EXECUTED IN QUADRUPLICATE Bond 11158 511 280 THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That RANDALL & BLAKE, INC. / LANDMARK RECLAMATION, INC. whose address is 4901 S WINDERMERE, LITTLETON, CO 80120, hereinafter called Principal, and CONTINENTAL CASUALTY COMPANY, an IL a corporation organized and existing under the laws of the State of XBXAM and fully authorized to core 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 FIVE HUNDRED THREE THOUSAND EIGHT HUNDRED SEVENTEEN and 74/100— ($1,503,817.74) 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 98-047, with the City of Denton, the Owner, dated the 3 day of MARCH, A D 1998, a copy of which is hereto attached and made a part hereof, for BID # 2165 — LANDFILL EXPANSION PHASE I CONSTRUCTION PERMIT 1590A. 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 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 PAYMENT BOND - Page 1 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 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 3 day of MARCH 1998. ATTEST PRINCIPAL RANDALL & BLAKE, INC / LANDMARK RECLAMATION, INC �u. ��_ 2:�1-192,6 d "(" & SECRETARY ' t. ATTEST SURETY CONTINENTAL CASUALTY COMPANY BY L_�/�/ ATTORNEY-K-FACT Debbie Poppe The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the processes RMOV-0 David 0 Turner MAXSON-MAHONEY-TURNER, INC STREET ADDRESS 8610 King George Drive - Dallas, TX 75235-2292 (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a nerson's name ) PAYMENT BOND - Page 2 PERFORMANCE BOND EXECUTED IN QUADRUPLICATE Bond #158 511 280 THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS That RANDALL & BLAKE, INC. / LANDMARK RECLAMATION, INC. whose address is 4901 S. WINDERMERE, LITTLETON, CO 80120, hereinafter called Principal, and CONTINENTAL CASUALTY COMPANY, an IL a corporation organized and existing under the laws of the State of TRKAS, and fully authorized core to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of ONE MILLION FIVE HUNDRED THREE THOUSAND EIGHT HUNDRED SEVENTEEN and 74/100 — ($1,503,817.74) plus 10 percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages ansing 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 isum well and truly to be made, we hereby bind ourselves, our heirs, executors, admim- strators, 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 winch 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 98-047, with the City of Denton, the Owner, dated the 3 day of MARCH A D 1998, a copy of which is hereto attached and made a part hereof, for BID # 2165 — LANDFILL EXPANSION PHASE I CONSTRUCTION PERMIT 1590A. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertalangs, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fiilfill 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 reunburse 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 PERFORMANCE BOND - Page 1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc , accompanying the same, shall in anywise affect its obligation on tins 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 reqinsite notices may be delivered and on whom service of process may be had in matters ansmg out of such suretyship, as provided by Article 719-1 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 3 day of MARCH, 1998 ATTEST BY SECRETARY ATTEST 1 RANDALL & BLAKE, INC / LANDMARK RECLAMATION, I C/D BY 4''( PRESIDENT iY Li311'I CONTIN TAL CASUA14 COMPANY BY QEi ATTORNEY -IN -FACT Debbie Poppe The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the processis NAME X Z� J,,i1 AU David 0 Turner MAXSON-MAHONEY-TURNER, INC STREET ADDRESS 8610 King George Drive - Dallas, TX 75235-2292 (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a nerson's name ) PERFORMANCE BOND - Page 2 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Map By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA, a Pennsylvania corporation (harem collectively called "die CNA Surety Companies"), are duly organized and existing corporations having their principal offices In the City of Chloagoi and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint their true and lawful Attomey(s)-ln-Fact with full power and aua undertakings and other obligatory Instruments of similar nature sign, on their behalf bonds and to bind them thereby as fully and to the some extent as if such Instruments were signed by a duly authorized officer of their corporations and all the acts of sald Attorney, pursuant to the authority hereby given are hereby ratified and confirmed This Power of Atiomey is made and executed pursuant to and by authority of the By -Laws and Resolutions printed on the reverse hereof duly adopted, as indicated, by the Boards of Directors of the corporations In Witness Whereof, the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 2nd day of June 1997 CONTINENTAL CASUALTY COMPANY w NATIONAL FIRE INSURANCE COMPANY OF HARTFORD oowoMre A�tts AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA 0 IYLY !1, i OJ BEAL 'C 190E M C Vonnahme Group Vice President State of Illinois County of Cook, as On this 2nd day of June 1997 before me personally came M C Vonnahme ,tome known, who, being by me duly sworn, did depose and say that he resides Win Village of Darien , State of Illinois that he is a Group Vloe President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument, that he knows the seals of said corporations, that the seals affixed to the said instrument are such corporate seals that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations IDSlut,," I . P-A,j,, My Commission Expirea June 5, 2000 Eileen T Pachuta Notary Public CERTIFICATE I Robert E Ayo, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force In testimony whereof II have hereunto subsori 9 d pxy name and affixed the seals of the said corporations this 3rd day of 1 9i5 tooCONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA �k,99lgMT� .� 3 M 6 Robert E Ayo Assistant Secretary (Rev 7/14/95) Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company "Article IX —Execution of Documents Section 3 Appointment of Attomey-in-fact The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may from time to time appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance bonds undertakings and other obligatory instruments of like nature Such attorneys -in -fact subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto The Chairman of the Board of Directors the President or any Executive, Senior or Group Vice President or the Board of Directors, may at any time, revoke all power and authority previously given to any attomey-in-fact This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February 1993 "Resolved that the signature of the President or any Executive Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached continue to be valid and binding on the Company ' ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company "Article VI —Execution of obligations and Appointment of Attorney -In -Fact Section 2 Appointment of Attorney -in -fact The Chairman of the Board of Directors the President or any Executive Senior or Group Vice President may from time to time, appoint by written certficates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature Such attomeys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto The President or any Executive Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney -in -fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993 "Resolved that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company " ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17 1993 by the Board of Directors of the Company 'RESOLVED That the President an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint by written certificates Attorneys -in -Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds undertakings and other obligatory instruments of like nature Such Attomey-in-Fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Corporation by their signature and execution of any such Instrument and to attach the seal of the Corporation thereto The President an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey-in-Fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February 1993 "RESOLVED That the signature of the President an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Dirsctors on February 17 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached continue to be valid and binding on the Corporation' IMPORTANT NOTICE To obtain information on surety companies, coverages, rights, or to make a complaint, you may contact the Texas Department of Insurance at 1-800-252-3439 You may write the Texas Department of Insurance at P 0 Box 149104 Austin, TX 78714-9104 Fax #(512) 475-1771 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim, you should contact the agent or surety company first If the dispute is not resolved, you may contact the Texas Department of Insurance AGENT Lockton Companies of Colorado, Inc 4500 Cherry Creek Dr So , #400 Denver, CO 80246-1532 (303) 753-2000 SURETY COMPANY Continental Casualty Company 10333 East Dry Creek Road, Suite 220 Englewood, CO 80112 (303) 858-4100 ATTACH THIS NOTICE TO YOUR BOND/POLICY This notice is for information purposes only and does not become a part of or condition of the attached document 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 AAA00360 REVISED 10/12/94 CI - 1 Insurance Requirements Page 2 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 provide thirty(3O) days prior written notice of cancellation, non -renewal or reduction In coverage • 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. AAA00350 REVISED 10/12/94 Cl - 2 Insurance Requirements Page 3 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: R A General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the contractor. The policy shall be written on an occurrence bans 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 Lability 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. AAA00350 REVISED 10fl2/04 Cl - 3 Insurance Requirements Page 4 isl Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $1,000,000.00e1ther 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. (S] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation Insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC) ( 1 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 AAAW350 MISED 10112re4 Cl - 4 Insurance Requirements Page a "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. [ I Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or Is unavailable to the contractor or if a contractor leases or rents a portion of a City building Limits of not less than each occurrence are required [ I 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. [ I Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ I 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 AAA00350 REVISED 10/12/94 CI - 5 Insurance Requirements Page a [sl Worker's Compensation Governmental Entities A. Definitions: ATTACHMENT 1 Coverage for Building or Construction Projects for 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. AAA00350 REVISED 10/12194 Cl - 6 Insurance Requirements Page 7 C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity. (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, Informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. AAAM350 FMMSED 10/12/94 Cl - 7 Insurance Requirements Page S 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, anew 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 1t 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 mad 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 AAA00330 REVISED 10112/94 Cl - 8 Insurance Requirements Page 9 (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, In the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. . K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entities 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. AAA00350 REVISED ionsrea CI - 9 BID # 216 �- PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF DENTON LANDFILL EXPANSION CONSTRUCTION CONTRACT 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 furnish 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 t 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 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 work days shown on the bid tabulation sheet Denprop doc P-1 112/98 -2- 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. BIDDER Accepts BIDDER accepts an of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid wW remain subject to acceptance for 35 days after the day of Bid opening BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of OWNER's Notice of Award BIDDER's Representations In submitting this Bid, BIDDER represents, as more fully set forth In the Agreement, that: a BIDDER has examined and carefully studied the Bidding Documents and the following Addenda receipt of all which is hereby acknowledged: (List Addenda by Number and Date) ADDENDA NO. DATE a . 2 .2. M-3 2-13 b. BIDDER has visited the site and become familiar with and ts satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work c. BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. BIDDER acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the site d. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) an such additional or supplementary examinations, investigations, explorations, tests, studies and date concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the Work or Denprop doc p-2 112/98 -3 which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto BIDDER does not consider that any additional examinations, investigations, explorations, tests, studios or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. e BIDDER Is aware of the general nature of Work to be performed by OWNER and others at the site that relates to Work for which this Bid Is submitted as indicated in the Contract Documents. f BIDDER has correlated the Information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified In the Contract Documents and an additional examinations, Investigations, explorations, tests, studies and data with the Contract Documents g. BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies In the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted Where conflicts, errors, ambiguities or discrepancies have been discovered in or between Contract Documents and/or other related documents, and where said conflicts, etc , have not been resolved through the interpretations or clarifications by ENGINEER as described In the Instructions to Bidders, because of insufficient time or otherwise, BIDDER has included in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding, and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over OWNER 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 Denprop doc P-3 1/2198 303 347 1844 02/19/98 11 38 RANDALL + BLAKE INC 4 RBI SOUTHLAKE NO 21B P003/006 JAN-30-1998 17 38 101 f t rl I 1 if i P I NG INC 972 960 4471 P 04z07 BID NO 1R TABiULA1UN SHEET (pa eg_,l2f 4) EI DES(R[PTIOO N QUANTITY UNIT UNIT PRICE TOTAL Mobilization, including one 1 LS S H1, SDP/ LS $ 1 Hi, 500. TNRCC Precon. meeting lu ,%uttin Unit Price in Woids —� O ne N�n.4'eel for' ont7Ao✓rw..J ivy ,ne�� v / rt . d e*»6 2 Environmental Controls, complete I LS $q.7.cc*/ LS $Y. ,'"a including all erosion Lontrok, final slope seeding, construction entrance, tt __ 3 Excavation, complete inclurlinR 227,100 CY $ / ex/CY staking, survey control, opri ation j$.23('4'q2-o0 of existing dowatering s stein Unit Price in Words n e /wr .rn fwo e 4 Density Controlled Compacted 20,000 CY $ , 30 / CY $ (0000. 00 Fill, complete including staking, survey control, density control, testing Unit Price in Words .(i try ecors 5 Geomembrane Liner, smooth, 325,742 SF $ .3 /SF $P3?78Y. /o installed complete _ Unit Price in Workk _ y C 4r 689174 SF $ ,It7 /SF $-32,041. '75— 6 Geomembrane Liner. it -wired. installed complete Unit Price in Woids 7 Geocomposite Drainage Material, 64,490 SF $ . yb /SF $40, 66S installed complete _ Unit Price in Words 12,094 CY S yd.I_/ CY $zf li 0.30 9 Leacbate Collecilon Aggregate, complete including staking, testing _ Unu Price in Waul� l Debdisb2 doc 1 1/30199 02/19/96 11 38 JAN-30-1998 17 39 303 347 1844 RANDALL + HLRKE INC + RBI SOUTHLRKE HDF ENU I01 FF INC. INC NO 21S P004/006 972 960 4471 P 05/07 HID NO AM S^ BID TABULAI lON SHEET (vase 2 of 4) ITEM DESCRIIFIION _~ Protective Cover, installed w QUANTITY UNIT UNIT PRICE TOTAL 9 16,624 CY $ �, 70 / CY $yy" da complete including staking, survey control. and 8 OZ. evotextile Unit Pnce in Words o do /ev3 rrne s uert n fl to 16 OZ. Geotextile, installed 318,400 FSF I $ .V / SF $63, b8o•40 complete &w Unit Price Words 11 64N Leachate Collection, Riser, 1 LS $.'18',' 1 LS $�`i;y�•OO 2.1N Return lines installed complete, including Geotexttie- E cased Granular Material Unit Price in Words �}' jrWe it `/VC A V fIr �VMiI�I� l n� a eM Ir 12 Leachate Removal S1 stem: 1 LS $a k,000 / LS $.78, oro 00 18•IN Leachate Surnp Riser, complete including all labor. shipping and materials (end caps), Leachate Sump Access Structure, complete including all labor and materials, winch. PVC' sump dram, PVC piping manifold with valves. hangers and misc. appurtenances; Leachate Extraction Systern. complete including sump pump, cables, controls, discharge flexhose and fittings, panelhoards, rb ctrical work, underground conduit, bollards, level transducer, .urd equipment startup Unit Price to Words s t die iy. v /A�^ M• ,J CsytJ 13 Gabion Letdown Structures. 5 A $/ 70a A- $ 71,000.00 complete, including earthuork and all materials Unit Price in Word% U✓•' eeAl 'MVC, rfto �I�hr IA'► N� O CIN7 j 14 1 Reno Mattress, mstaiied complete 260 CY $ 170 / CY $NN,7QD.Oo between stations 6+00 and 8+28 /Umt Price nt Word. yIRC- L%un_/w i.1 _S•i,iir,{V JQ4 S A/0 evn1 Dobdtab2 doc 2 1/30/98 303 347 1844 02,19/98 11 39 RANDALL + BLAKE INC + RBI SOUTHLRKE NO 21S P005i0O6 JAN-30-1998 17 39 1411 F t4I ' f r R111f, INC 972 960 4471 P 06/07 BID NO ITEM DESCRIPPION QUANTITY UNIT UNIT PRICE TOTAL 15 Paved Access Road, complete 5,700 Sy $ R • v/ SY $I1.2, Syr,-°O including staking, testing, subgrade prep., compaction rolling, etc. Unit Price in Words J ' eCt1vG e.r 3<S 14,S00 SY $ 0/ SY $11 it; Sao•oo 16 Gravel Access Road, complete including staking, testing, subgrade prep., compaction. rolling, etc. Unit Price in Words ,,�� f /yyw6A C1.its 17 Pond Outlet Structure, complete 1 LS $z�, sw/ LS $'0. )oo 00 including RCP pipes, concrete spillway, survey control, density controlled fill, dumped rock ri ra Unit Price in Words y INEH ��F�QVf'i' "A4W,, <c� OII�O'°S �tl fsg1J I LS $ / LS $ 1g Permanent Site Entrance Hitch Crossing, complete including RCP �7, s3o. �17i�3p_o0 box culvert, headwalls, density controlled Pill sit vev_ control - — Unit Price in Wonis rwemtv,✓6 _ j % _<f� it s�U �/1rl I4nc� O C h>`S 19 C tiaens Unloading Area Ditch 1 1LS $ / LS $ Crossing. complete bicludinx /y ypo _ layco 40 RCPs, density controlled fill survey control Unit Price in Worts ✓r�Kt,A( �✓f!'1"G�rJ�a✓/' /yr/n�i /� /l� C S 1 LS $9J� / $9r3sv,00 20 Temporary-siteAccevv,compiete including CMPs, density umtr olled fill survey control_ Unit Price in Words 21 Site Markers 18 EA $ 5 9 / EA $ rjS"'{ QO Unit Price in WZis 3 �� y ...10411S .. DebdtaW Jac 3 1/30198 303 347 1844 02/19 98 11 39 RANDALL + BLRKE INC + RBI SOUTHLRKE NO 218 P006,'006 JNN—SYl-19`dti 17 Sv !11I LI! „1 ! Pll, It0. 972 ': 3W 4471 P OW07 HID NO, 2 1 S(O BID TAEiUL %,rj0N SHEET (gage 4 of 4) 22 Site Construction Siam - -- — 2 EA $ 7 sV• / EA $106W -00 Unit Price llt Wotd,l+ t4mt-,r+nt�, 'FF-1j lmc`MtS 23 Clay Liner, complete JL 30,200 CY $ 1. t / CY $ 39, >W-CO Unit Price in Words ONt3 30po Uocf^o s 24 68 LF 24" RCP with sloped c d yss . I LS $ay W/ LS treatment, 48 LP 24" RCI' with sloNd c,u! treatment, 76 LF 24" CMP with so, ker a nd UntiPnccill Wotd. TA"''i� to.4�He«aSA�l1 �au 5, ALTERNATIVE 811) ITEMS ITEM DFSCRIPI a>R Drains, installed, unnpietr QUANTIT Y UNIT UNR PRICE TOTAL LF $ 3?• LF $ A including excavation drain ulr and B1 a re ate backfill Add Geocompositc Drainage Material on Bottom and Sides of 393,916 SF $ F Cell _ Add 24 in Thickness Proton live Cover Material a% Shown in 31,411 CY $ !x $ ti c. 112 Drawings, installed cotnplett, Including Staking and SILM ) Control _ _ _ _ Delete Items 7, 8, 9• h. 10 - <$ 31 330 B3 Debdtab2 doe H U30/98 TOTAL P 07 - 8- TOTAL BID PRICE IN 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. AabML r &Aie 0, 3zvC / CONTRAC OR BY OFF ��-C— �B�4SAR�vT y9or S. u�,,.o�rhsa�. Street Address Lxmt- rvA/, Co 801 A-0 City and State Seal & Authorization / 30 �� 7s�-- SSl 3 0 (If a Corporation) l Te sphone B - 1 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CNA Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinoie, and that they do by virtue of the signature and seals harem affixed hereby make, constitute and appoint their true and lawful Attomey(s)4n-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds undertakings and other obligatory Instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as If such instruments were signeo by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed This Power of Attorney Is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof duly adopted, as indicated, by the Boards of Directors of the corporabons In Witness Whereof, the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and their r orporete seals to be hereto affixed on this 2nd day of June 1997 CONTINENTAL CASUALTY COMPANY cts, �'ta NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA ra t( ml of i 827 M C Vonnahme Group Vice President State of Illinois County of Cook, as On this 2nd day of June 1997 before me personally came M C Vonnahme , to me known who, being by me duly swom, did depose and say that he resides in the Village of Danen State of Illinois that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument that he knows the seals of said corporations, that the seals affixed xed to the said instrument are such corporate seals that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations es Pe�c NOTARY S My Commission Expires June 5, 2000 Eileen T Pachuta Notary Public CERTIFICATE I, Robert E Ayo, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still In force, and further ow* that the By -Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 19thday of February 1998 CONTINENTAL CASUALTY COMPANY (go al4' NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA a ot�4�� y m7sm ( >• Robert E Ayo Assistant Secretary (Rev 7/14/95) CERTIFIED COPY OF RESOLUTION OF BOARD OF DIRECTORS OF Ztallo ►ua•aK �41:����-�nnp, �,c� �lA•�o+"�'�KS (Namj o(Corpo`— Ian) �� F F CrQ�oaL v.�esT RESOLVED that A�teS. — t!A�Ot' ASK (Parson Authorized to Sign) (Title) of R8T LotwilD ot4A K be authorized to sign and submit (Name or Corporation) the Bid or proposal of this corporation for the following project CITY OF CHANDLER, MUNICIPAL LANDFILL PHASE 2 CLOSURE, CITY PROJECT NO 79601 404. The foregoing Is true and correct copy of the resolution adopted by Q A L / L A,%l A~A+4 K at the meeting of its Board of (Namelof Corporation) Directors held on the 11 day of �� �"` 8GA 199 7 By cr+/MtIJ 24V— (Signature) Aa/►AtL Title (This form must be completed If the Bidder Is a corporation ) Certified r'nov of Resolution of Board of Directors 26 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that where Randial1nam& Blake 'le Inc. of Contracrorl 4901 So. Windermere St. Littletona 80120 y as Principal, hereinaftC0 er caller! the Principal, and Continenttaln�Casualt" full mine and Codmh a° gal title of Surety) CNA Plaza Chicago, IL 60685 a corporation duly organized under the laws of the State of Illinois as Surety, hereinafter called the Surety, are held and firmly bound unto City of Denton, Purchasing Dept. (Here insert full name and address or legal title of Owner) 901-B Texas Street DD nto TT%g 76 0 as Obrigee,t4iereinafter called the Obligee, in the sum of Five Percent of Bid Amount ------------------------ Dollars($ 5%------- ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents WHEREAS, the Principal has submitted a bid for IHerc mart full name address and description of project) Landfill Expansion, Phase I Construction Permit No. 1590A, Bid No. 2165 Earth Moving, Liner Installation, Box Culvert NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified In the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the gvent of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another parry to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 19th day of February 1998 Randall & Blake, Inc ( ,) (Principal) (Seal) a �i't !Il B t[ if v. (Witness) y FAic. r-CrOA (Title) Vtt.Is re6sa0i^aT� Due VIVILru, AIA DOCUMENT A310 • BID BOND • AIA 0 • FEBRUARY 1970 ED • THE AMERICAN 1 INSTITUTE Of ARCHITECTS 1735 NY AVE, NW, WASHINGTON D C 20006 ajup. t" < � � §0$1""'W eR�dduoei DATE (MMODIYY)®1/R1,e <L;0 3/10/98 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lockton Companies of Co Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4500 Cherry Creek Drive South ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE Suite 400 M1 COMPANY Denver, CO 80246-1532 303-753-2000 A Travelers Indemnity Company INSURED COMPANY Randall St Blake, Inc B Indemnity Insurance Cc of NA COMPANY 1801 W Be I I ev I BW Littleton, CO 80120 C COMPANY D ij�aA� f taw ra1PYJ9 7 b >y W f o THIS IS TO CERTIFY THAT THEPOLICIES OF INSURANCE LISTED BELOW HAVE BEENISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOT W ITHSTANDINGANYRROUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENT W ITHRESPECTTO W HICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS do LTR TYPE OF INSURANCE POLICY NUMBER POLIOY11PPEOTIVE DATE(MMIDDIYY) POLICY EXPIRATION DATE(MMIDDIYY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE S 2,000 ,COG A COMMERCIAL GENERAL LIABILITY 784F8893TJA-97 7/03/97 7/03/98 X PRODUCTS COMP/OP AGO 3 2,000,000 CLAIMS MADE OCCUR XCU INCL PERSONAL A ADV INJURY S 1,000,000 OWNER'S A CONTRACTOR'S PROT X EACH OCCURRENCE S 1 , 000 , 000 Per project egg X FIRE DAMAGE (Any one fire) $ 50,000 app I I BB MED EXP (Any one person) $ 5 , 000 A AUTOMOBILE LIABILITY ANY AUTO 784F8693T1L-97 7/03/97 7/03/08 COMBINED SINGLE LIMIT S 1,000,000 X BODILY INJURY (Per parson) S ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Par accident) S HIRED AUTOS NON OWNED AUTOS X PROPERTY DAMAGE S GARAOBLIABLRY AUTO ONLY EA ACCIDENT S OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT S AGGREGATE $ BXCESGUABLITY EACH OCCURRENCE $ 4,000,000 A F--vl UMBRELLA FORM CUP784F8693 7/03/97 7/03/98 AGGREGATE S 4,000,000 $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND XI STATUTORY LIMITS B aMPLOYERa'LIABILITY C42411450 1/01/90 1/01/90 EACH ACCIDENT $ 100,000 THE PROPRICTOR/ XINCL PARTNERS/EXECUTIVE OFFICERS ARE EXCL I DISEASE POLICY LIMIT $ 500,000 DISEASE EACH EMPLOYEE It 100,000 OTHER P )N OF OPERATIONSLOCAVIONSiVNHICUBIBPBCIAL ITEMS RE Landfill Expansion, Phase I Construction City of Denton, its Officials, Agents, Employees and Volunteers are Included as Additional Insured on General and Liabilit — This Insurance is rimeyArry 3/�1+0/98 ++ 1Automobile 1Hrevised SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISBUING COMPANY WILL BI MCUWNXMAL City of Denton 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT A t t n Purchasing Department staBB�ucmcnwaomsoasBc>ta nnmwsecswmraoxxx 901-8 Texas St XQlMalMXWRX4MKx Mx4Wl SMx=x&MKNxAecXMWmmmKnNK Denton, TX 76201 1 e vs s MAP`h;" it APM R �LRESENTATIVB O � 320020000 ," as > <mra�"� Ii451111�TIQM 1993 "N