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HomeMy WebLinkAbout1996-196NOTE Change Order - Ordinance No 98-103 ORDINANCE NO' l to -1-1 � AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE 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 NUMBS CONTRACTOR AMOUNT 1931 CIRCLE "C" CONSTRUCTION $191,938 50 1936 HYDRO PUMP & EQUIPMENT $136,295 00 1940 INSITUFORM TEXARK, INC $ 99,971 30 1941 JAGOE PUBLIC COMPANY $326,141 00 1942 DBR CONSTRUCTION $ 38,825 00 SECTION II 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 herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of)�"— '1996 J4 MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Date September 17,1996 CITY -COUNCIL REPORT TO Mayor and Members of the City Council FROM Ted Benavides, City Manager SUBJECT BID # 1931- REPLACE WATERLINE - YORKSHIRE RECOMMENDATION. We recommend this bid be awarded to the low bidder, Circle "C" Construction, in the total amount of $191,938 50 SUMMARY: This bid is for all labor and materials necessary in extending approximately 2100 feet of 12" water main and approximately 1600 feet of 6" water main The 12" water main will enable transportation of water from the east side of the city to the north side (toward the future Hartlee Field Booster Pump Station) The 6" water line has a history of failures and is being replaced prior to street repaving which is planned for Yorkshire & Picadilly Eight bid proposals were received in response to ninety notices to bid marled to contractors BACKGROUND: Tabulation sheet, Public Utilities Board back-up, Public Utilities Board Minutes recommending approval PROGRAMS, DEPARTMENTS_OR_C$OUPS_AFFECTED-- Water Distribution, Water Utilities, Water Utility Customers of the City of Denton FISCAL IMPACT: Funds for this project are included in 1996 CIP, Account #620-081-0461- R523-9114 Respectfully submitted eed✓/ L avides City Manager Prepared by Name Denise Hart Title Senior Buyer Approved Name Tom D Shaw, C P M Title Purchasing Agent 766 age , ' �k $ } k !) ■ - _) ! * 2 @ � ( ! $! ' J3 �� . £ )k k $ ! �) ■ - � , ■ ) 2 7 ! \ ■ b \- — -- m m -- -- — �� � i �! § ! ,! - - - 2 — - ----- .k f �k $ k u � � m . ; ) � � � , ;/ 2 � * { \ / § � e k \ § � � \ � � � � a )�� ° / ■ � « § \ q � E $ 2 ! • `----- — -- ITEM 1 September 4, 1996 PUBLIC UTILITIES BOARD AGENDA ITEM TO CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOART FROM: R.E. Nelson, Executive Director of Utilities SUBJECT: CONSIDER BID OPENING NO. 1931 FOR CAPITAL 51PROVEMENT PROJECT YORKSHIRE WATER LINE REPLACEMENT RECOMMENDATION: The Utility Staff and the Public Works Engineering Department recommend award of the contract to Circle "C" Construction for the amount of $191,938 50 for the construction of Yorkshire Water Line Replacement SUMMARY: Bids were opened August 20, 1996, with a total participation of 8 bidders Circle "C" Construction of Ft Worth, Texas, is the lowest qualified bidder Curie "C" Construction's bid is $191,938 50 for the 12" and 6" water line replacement The bid is approximately $138,061 50 under budget (including the estimated charge for asphalt patching) The bid does not include asphalt patching The Bngmoermg and Transportation Department will perform this service for $2 00 per square foot of patch The area to be patched will be determined after the contractor has completed work The estimate for patching is $16,000 BACKGROUND: The 12" water line extension on Yorkshire is an important step in being able to transport water from the east side of the city to the north side The Hartlee Field Booster Pump Station will connect into the line in the future The replacement of the 6" water line is part of the replace watei line street program In this program, water lines which have had a history of maintenance problems are replaced prior to the replacement of the existing street This helps muure that the new pavement will not need to be excavated to do maintenance PROGRAWDEPARTMENT OR GROUPS AFFECTED - The citizens of Denton, Denton Municipal Utilities, The City of Denton Engineering and Transportation Department, Circle "C' Constnichnn FISCAL FACT: $346,000 is budgeted In revenue funds for construction in FY 96 (Fund Analysis) for more detail See Exhibit V Respectfully submitted, � Qyt✓ R Nelson, Executive Director Department of Utilities �n.e.y. Gerald P Cosgrove Engineering Admuustrator Approvedby Howard Martin Director P"nmental Operations Exhibit I Locatton Map Exhibit II: Projwt Considerations Exhibit III Bid Summary Exhibit rV Letter of Recommendation Exhibit V Fund Analysis Exhibit VI CIP Detail Sheet h \wwpf\corresp\Jatkms\016 wp6 L � �� PROJECT CONSIDERATIONS YORKSHIRE WATER LINE REPLACEMENT • The 12" water line installation will be the initial step in providing transmission capability from the east side of the city towards the future Hartlee Field Booster Pump Station • The Street Department will be repaving Yorkshire and Picadilly Replacing the existing water line will insure that the new pavement will not need to be excavated to Perform mamtenance • The existing water lines are in poor condition and would have to be replaced soon, even if the street was not being paved • The project is within budget a F=Ne �1�2�T ■� SEP-06-196 FRI 15.52 ID CITY OF DENTON UA TEL NO 817-566-8120 ti480 P01 PUBLIC UTILITIES BdARD UNOFFICIAL MINUTES EXCERPTS September 4, 1996 CONSIDER APPROVAL OF BID #1931 FOR REPLACEMENT OF WATERLINES ON YORKSHIRE STREET IN THE AMOUNT OF $191,938 50 Mr Gerald Cosgrove presented tlus item, Circle "C" Construction of Fort Worth, Texas, is the lowest qualified bidder Circle "C" Construction's bid is $191,938 50 for the 12" and 6" water line replacement The bid is approximately $138,061 50 under budget (including the estimated charge of $16,000 for asphalt patching) Mr Coplen made a motion to approve the bid as presented Mr Norton seconded the motion Motion approved 4 for - 0 opposed DATE SEPTEMBER 17,1996 CITYYCOUN.CIL REPORT TO Mayor and Members of the City Council FROM Ted Benavides, City Manager SUBJECT BID # 1936 - INTAKE STRUCTURE DREDGING PROJECT RECOMMENDATION: We recommend this bid be awarded to the low bidder for Alternative #1 Project A, Hydro Pump & Equipment, in the amount of $136,295 00 SUMMARY: This bid is for all labor and materials necessary in dredging approximately 2,000 cubic yards of silt which has buried the lower intake pipe at the Lake Lewisville raw water pump station This lower intake has not been used since before the spring floods of 1990, but with the lake levels dropping this work will be necessary Three bid proposals were received in response to fifteen notices mailed to prospective contractors BACKGROUND, Tabulation sheet, Public Utilities Board Agenda back-up, Public Utilities Board Minutes recommending approval PROGRAMS, DF,PARTMEr1T5 OR GROUPS AFFECTED Water Production, Water Utilities, Water Utility Customers of the City of Denton FISCAL. IMPACT: Budgeted operating funds for 1996 of $50,000 and the balance from Lake Ray Roberts recreation payment that was not used for 1996 Prepared by Name Denise Harpool Title Senior Buyer A prov� Name Tom D Shaw, C P M Title Purchasing Agent 763 AGE Respectfully submitted Ted Benavides City Manager 10 BID # 1936 BID NAME INTAKE STRUCTURE DREDGING PROJECT OPEN DATE AUGUST 20,1996 #^^ QTY — DESCRIPTION LS Total Base Bid --Project A LS Total Alternative No 1--Projec LS Total Base Bid --Project A and Alternative No 2--Project B Addendum Bid A Hydro Pump Garrett McDougal & Equipment Construction Construction VENDOR VENDOR_ VENDOR -_ $80,495 00 1 $93,240 00 $112,000 00'i $136,295 00 $323,580 00 $167,580 00 $222,000 00 -—$382,000 00 $210,455 00 yes yes yes -- yes yes 11 ZT 0 0 0 o e o �a g �r 0 g0 w M Ch MN V -- -- g- o $ -- a e N z ow N ° e z __ ITEM 4 September 4, 1996 PUBLIC UTILITIES BOARD AGENDA ITEM TO CHAIRMAN AND MEMBERS OF PUBLIC UTILITIES BOARD FROM R E NELSON, EXECUTIVE DIRECTOR UTILITIES SUBJ CONSIDER APPROVAL OF BID #1936 FOR INTAKE STRUCTURE DREDGING PROJECT, LAKE LEWISVILLE RAW WATER PUMP STATION RECOMMENDATION The Utility staff and the project consulting Engineer (Carter and Burgess, Inc ) recommend award of the contract to Hydro Pump and Equipment, Inc The award of the contract will be dependent upon receiving a 404 permit from the U S Army Corps of Engineers (USACOE) and be in the amount of $80,495 for Project A or in the amount of $136,295 for Project A alternative SUMMARY Bids were opened August 20, 1996, with a total participation of 3 bidders Hydro Pump and Equipment, Inc from Houston, Texas is the lowest qualified bidder Hydro Pump and Equipment is approximately $22,700 under the Engineer's preliminary estimate for Project A and approximately $113,700 under the Engineer's preliminary estimate for Project A - Alternative The Fiscal Year 1996 operating budget for the project is $50,000 BACKGROUND The lake Lewisville raw water pumpstation intake was constructed in 1956 before the completion of the Garza Little Elm Dam The intake structure has two - 36 inch diameter intake pipes The upper intake was constructed at an elevation of 507 feet Mean Sea Level (MSL) and the lower intake is at 482 feet MSL The lower intake was installed in a dredged channel, approximately 10 feet below the natural grade of the land, prior to the filling of the lake This dredged channel extends from the lower intake out approximately 1500 feet into an existing creek channel under the lake Over the years, this channel filled in with lake sediments and has caused operational problems when lake levels fall below an elevation of approximately 510 Dredging work on this channel was last performed in 1980 but was limited to the area immediately around the lower intake pipe In 1989, the city hired divers t \homa\patnyy\pabadmm\agnem\aep\intake s04 13 and a dredging contractor (Levco Systems, Inc ) to re-evaluate the siltation problem Their findings indicated that the channel was completely filled with silt with the exception of the area immediately adjacent to the lower intake In 1989 the lower intake had been used for approximately seven months when the lake was low Most of this sediment had been pumped through the lake pumps and was deposited into the water plant sedimentation basins The spring floods of 1990 increased lake levels from 507 feet (MSL) to 4 feet over the top of the flood control pool elevation Over the next six years, lake levels had been stable at 522 feet MSL and there has not been a need to use the lower intake Recognizing the need to address this maintenance concern, staff began investigating redesign options for the lower intake structure as well as proposing maintenance dredging activities for this year's budget The city hired Island Divers of Denton, Texas to perform an inspection of the upper and lower intakes in the late spring of 1996 Their inspection concluded that the lower intake was buried under 8 to 10 feet of silt Due to the drought conditions in North Texas this past year, lake levels in Lake Lewisville have dropped approximately 11 feet below the conservation pool over the last 16 months to 5112 feet above MSL This unusual condition has forced staff to fast track a dredging project which includes obtaining a 404 permit from the U S Army Corps of Engineers To assist staff with this effort, Carter and Burgess, Inc , Dallas, Texas was hued to develop contract documents and prepare a 404 permit application Due to time constraints, a decision was made to parallel track the contract bidding process simultaneously with the 404 permit application to meet schedule deadlines In an attempt to reduce costs, the consultant recommended that the 404 permit proposed in -lake placement of the dredged material rather than hauling off the slurry to an upland site Therefore, the contract documents solicited bids for Project A - Dredge 2,000 cubic yards to remove sediment near the lower intake with in lake placement of dredge spoils Project A - Alternative Dredge 2,000 cubic yards to remove sediment near the lower intake with truck transported haul off and disposal on city owned property near the landfill Project B - Dredge 20,000 cubic yards to clean the entire 1,500 feet channel with lake placement of dredge spoils Project B was included as an alternative for consideration since there is a fairly high cost for mobilization of dredging equipment associated with this project Due to the bids received and the high costs in relationship to the budgeted funds for the project, staff is not recommending further consideration for Project B at this time Due to fiscal year funding constraints and time schedule compatibility problems between access to funds and obtaining the 404 permit i\home\pennyy\pubedmm\agrtem"x nteke 904 14 approval, staff is requesting approval of award of the contract to Hydro Pump and Equipment Company contingent upon receiving a 404 permit from the USACOE FISCAL IMPACT A total of $50,000 is budgeted in the Water Production FY 1996 operating budget for this project The balance of funds are available in this account to cover either project A or A - Alternative and would come from the $498,000 budgeted for the Lake Ray Roberts recreation payment The Ray Roberts payment was not needed in FY 1996 due to the bond sale and repayment of debt to the U S Army Corps of Engineers in the spring of 1996 Staff s original cost estimate was based upon a 1,000 cubic yard estimate for dredging at a unit cost of $50 per cubic yard Based upon recommendations from Carter and Burgess, the project scope was increased to include a total dredged volume of 2,000 cubic yards The unit price from the low bidder was $40 24 per cubic yard for Project A and $68 14 per cubic yard for Project A - Alternative AGENCIES AFFECTED The Citizens of Denton, Denton Municipal Utilities, Hydro Pump and Equipment, Inc, the U S Army Corps of Engineers, and Carter and Burgess R E Nelson, Executive Director Utilities Prepared by KA Tim Fisher, P E , Water Production Manager EXHIBITS I Location Map II Bid Summary III Letter of Recommendation from Carter and Burgess IV Lake Lewisville Water Level History V Bid Specifications t lhome\pennyy\pubedmm�aoit m�wp\intake s04 15 - -- - —------- — - -------- BID # 1936 --- - ---- -- - - ----- ---- IBID NAME INTAKE STRUCTURE I Hydro Pump Garrett McDougal DREDGING PROJECT & Equipment Construction Construction OPEN DATE AUGUST 20,1996 # 1 QTY ; DESCRIPTION VENDOR VENDOR f VENDOR LS Total Base Bid —Project A 580,495 001 593,240 001 5112,000 00 LS ITotal Alternative No 1—Project A $136,295 001 $323,580 001 $222,000 001 1 LS ITotal Base Bid --Pi olect A and Alternative No 2--Project B 5210,455 00 $167,580 00 5382,000 001 I Addendum Acknowledgedr yes yes Bid Bouill Yes yes yes Exh II 17 From Technical Assistant To RE NELSOWPENNV Date $130188 Time 8 22 00 AM Page cf 08/29/e8 181.' 17.0e PAI 18177266118 CARM A BURGBIS Im 002 Ca wltante in EnainesHM Ardtaehrro, Planning and the Wrvironment August 20, 1 ON Mr Tim Fisher, P E City of Denton Water Productiai DMelon 1701-8 8pomw Road Denton, Teams 78208 Rs' Recommendation of 4udW Contractor for Intske Bbtxtluns Dredgkg Project Dew Mr. Fkdtor This teller is t0 address contract sward for the aboin-nfennoed project NO taws re0dtfad 0n August 20, 1008, with the law bid for POW A and Altemdive 14ftjoot A being submitted by Hydro Pump A Equoner t Inc. 1 have evaluated the oA icettons of Hydro Pump 8 Equipment, rwi saved their method for oompleting the prgsst and ducked mbrenew on several slmkr pest p *ft. haw bund nothing Chet would IndlOeb they ere not capable of sinew" aaapledng this tuolod ss laid. ThotaIt . I recommend Hydro Pump 3 Equipment Ina as the gwlilled low bkldw for the Inhido f3trualuro Dredging ProJaot If you have any g Patton or requirs atid0onal NrfWNIUon. 60 not Mere to 001 8lntxroly, CARTER d BUROE88, INC. Bwi Wathasbee, P.E. AesOdate somia 102 Calve A eager, Ia. nit BmLrad StMe 250 Well. Tear 78247.4981 p141 eawl4s MMe (214) 242.201 a Few 014f 631" 7 Exh III 530 H w w 520 z z 510 H W500 a w i -:i LAKE LEISVILLE ELEVATIONS SEP. 1987 THROUGH JUN 540 - -------------- 19,1996 O — N M M M v It d+ vn vn to D �o c� O\ c� O\ O\ Ol� Q\ GJcica ca cd v p M V ct 06 O N O N N O N Cc1 N O DAILY ELEVATION CONSERVATION POOL READING ELEVATION 522 MSL CENTER LINE TOP CENTER LINE BOTTOM INTAKE 507 MSL INTAKE 482 MSL U WllREC:TOR\35-00-00\LL-1, PRE 19 Exh IV _ I V r` i I Irk I. it lU i SEP-06-'96 FRI 15 37 ID CITY OF DENTON UR TEL NO 817-566-8120 #479 P01 PUBLIC UTIIdTIFB BOARD UNOFFICIAL MINUTES EXCERPT September 49 19% SMUCTURE DREDGING PROJECT IN THE AMOUNT OF $80,4495 FOR PROJECT A AND $136,M FOR PROJECT A -,ALTERATIVE Mr. Tim Fisher presented this item referencing Exhibit IV - a chart of the I,alce IAwhwM dmdoa iaveb from Sept. 187 to Jane 196. Mr. Coplen asked if the project was not a temporary or permanent solution to the problem. Mr. Trisha' said Project A was to repair the design problem since dredging is bada* a maintenance function and not a complete solution. There was extensive discussion regarding this item. Mr. Coplen recommended approval of Project A (for maintenance) in the amount of $80,495 and added that staff should encumber Project A - alternative fundmg, (for hauling) in the amount of $1369295 but delay expending those funds until a poll of the Board was conducted. Mr. Norton seconded the motion. Motion passed 4 - for, 0 - opposed. 21 DATE SEPTEMBER 17,1996 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Ted Benavides, City Manager SUBJECT BID #1940 -CHISHOLM TRAIL SANITARY SEWER (MONCAYO) HOUSTON PLACE RF,COMMENDATION: We recommend this bid be awarded to the low bidder, Insituform Texark, Inc, in the total amount of $99,971 30 SUMMARYo This bid is for all labor and materials necessary in trenchless rehabilitation of approximately 1,300 feet of 10" sanitary sewer line for the Chisholm Trail and Moncayo Streets area Trenchless rehabilitation will be accomplished by pulling a fiberglass or polythene liner into the existing line and expanding it to the desired dimension This sanitary sewer has a history of high maintenance due to roots, offset joints and sags in the main Five bids were received in response to ninety-three notices to bid mailed to prospective contractors BA K =ROUND: Tabulation Sheet, Public Utilities Board Agenda back-up, Public Utilities Board Minutes recommending approval PROGR_-AMS DEPARTMFKT4 OR GROUPS AFFEC-TED- Sewer Field Services, Sewer Utility Customers of the City of Denton FISCAL IMPACT: Budgeted Funds for CIP account 674-082-RB93-V309-9114 and 9138 Respectfully submitted Ted Benavides City Manager Prepared by Name Denise Harpool Title Senior Buyer Ap oved ��_ Name Tom D Shaw, C P M Title Purchasing Agent 762 AGENDA BID 1940 BIDNAME CHISOLM TRAIL SANITARY Hell Albert Southwestern BRH Garver Insituform Dickerson SEWER(MONCAYO) HOUSTON Construction Underground Inc Co..trumiaa PLACE OPEN DATE AUGUST 291996 dHSCRtPTIQN VENDOR VPNARR VRNPOR VBNAOR YRNPOR 1 LS Chimolm Trail Sanitary Sewar (Moncayo) a Bame Bid _ No Bid $8214200 571 g2400 _ $71,39300 $1050001 b Alternate Hid $11945800 No Bid _ No Slid _ No Bid $19416001 No Hid S1614701 —Alternate hams _ $1274095 No Bid No Bid _ 2 LS Houston Place Sanitary Sewer a Bama Bid No Bid $3748400 $2490500 _ $28,57830 __$460930i 0913410 __ $4270200 b Alternate Hid _ No Bld _ No Bid _ $01730 _ Bid Bond yes yes Y. yes yes 1 23 ITEM 2 September 4, 1996 PUBLIC UTILITIES BOARD AGENDA ITEM TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD FROM: R E NELSON, EXECUTIVE DIRECTOR OF UTILITIES SUBJECT: CONSIDER THE BID OPENING, NO. 1940 FOR CAPITAL IMPROVEMENT PROJECT CHISHOLM TRAIL SANITARY SEWER (MONCAYO), HOUSTON PLACE, TRENCHLESS REHABILITATION RECOMMENDATION: The Utility staff recommends award of the contract to Insituform Texark, Inc , for the amount of $99,971 30 for the construction of Chisholm Trail Sanitary Sewer (Moncayo) and, Houston Place Trenchless Rehabilitation BACKGROUND/SUMMARY: This is the second phase of the Chisholm Trail project The first phase was approved by the PUB on May 16, 1996 The Chisholm Trail (Moncayo) Sanitary Sewer has a history of surcharging, due to roots, off set joints and sags in the main This is causing a health problem to the residents in the area and the need for constant maintenance by our utility crews The rehabilitation of the existing main will help eliminate a reoccurring problem The Houston Place section was added to this project to help us achieve a quality bid and to put all the trenchless technology projects into one bid Houston Place sanitary sewer has similar problems in the existing sanitary sewer main Bids were opened August 29, 1996 at 2 00 p in with a tote participation of 5 bidders Insituform Texark, Inc of Chesterfield, Missouri, the lowest qualified bidder Insituform Texark, Inc , base bid is $99,971 30 for Chisholm Trail (Moncayo) and Houston Place Sanitary Sewer Trenchless Rehabilitation The bid is approximately $80,028 70 under budget and is $90,285 70 under the engineer's estimate 24 Brh-Garver, Inc , of Houston, Texas was the apparent low bidder, due to a clerical error on a line item in the bid proposal Brh-Garver, Inc is now the third lowest bidder In the bid proposal we did take alternate bids on expanding the existing 10" Samtary Sewer on Chisholm Trail (Moncayo) to 15" using pipe bursting and on Houston Place enlarge the existing 10" to 12" using the same method At this time we have decided not to use pipe bursting due to ground conditions and the possible damage to residents driveways, streets, and the existing drainage channel AGENCIES AFFECTED: The citizens of Denton, Denton Mumoipal Utilities, Brh-Garver, Inc , and Insituform Texark, Inc of Chesterfield, Missouri FISCAL EWPACT: See Exhibit (Fund Analysis) for more details Prepared by: �J `-+�LL1.eG� 'Z" Gerald P Cosgrove, P E Engineering Administrator Approved by: Howaid Martin Director of Environmental Operations Exhibit I Location Map Exhibit 2 Bid Summary Exhibit 3 Fund Analysis Exhibit 4 Detail Sheets It \wwpt\pub\Chish wp6 Respectfully Submitted, Robert E Nelson Executive Director of Utilities 25 `9 Z U w O QL n u u u 213fi00 30DVF 30 � b'1! �I21t/W Of z W d � N 711I aA31Qd21H Y �J0133 a o 1no Z 0 � 3 IH = a b'3211SQNI11 � 31S3HONIM W Q a Q 3 J A C4 Q Q Q ❑ Z ❑ > Z i > �U U Ix �0 u anv IIBS 3 J W J d J Q H a J O N 2 V - L SEP-06-'96 FRI 15.52 ID CITY OF DENTON UR TEL NO B17-566-8120 tt480 P02 PUBLIC UTILITIES BOARD UNOFFICIAL MINUTES EXCERPTS September 4, 1996 2 CONSIDER APPROVAL OF BID #1940 FOR CAPTIAL IMPROVEMENT PROJECT HISHOLL M TRAIL SANITARY SLITATIONEPI ONCAYO), HOUSTON Mr. Gerald Cosgrove presented this item Insituform Texark, Inc of Chesterfield, Missouri, is the lowest qualified bidder 1nsltuform Texark, Inc, base bid is $99,971 30 for Chisholm Trail (Moncayo) and Houston Place Sanitary Sewer Trenchless Rehabilitation The bid is approximately $80,028 70 under budget and is $90,285 70 under the engineer's estimate Brh-Garver, on a line item in the bid , of Houston Texas pr pose forced them nthe apparent low torbeing the third lowest a clerical r bidder There was general discussion regarding this item and an explanation of trenchleas rehabilitation for Mr the bid to the lowest qualified bidder ubased on Legals' recommended and of for bid approval Mr Norton seconded the motion Motion approved 4 for - 0 opposed 27 DATE SEPTEMBER 17, 1996 16JUMAK11"9011I: TO Mayor and Members of the City Council FROM Ted Benavides, City Manager SUBJECT BID # 1941 - HOUSTON PLACE SANITARY SEWER AND WATERLINE REPLACEMENT RECOMMENDATION. We recommend this bid be awarded to the low bidder, Jagoe Public Company, in the total amount of $326,141 00 SUMMARY. Tlus bid is for all labor and materials necessary in the replacement of the water line and sanitary sewer line near Houston Place between Hickory and Prairie These lines are old and have become a constant maintenance problem for residents and field crews Eight bid proposals were received in response to ninety-three notices to bid marled to prospective contractors BACKGROUND: Tabulation sheet, Public Utilities Board Agenda back-up, Public Utilities Board Minutes recommending approval PROGRAMS, DEPARTMENTS QR GROUPS AFFECTED: Water & Sewer Field Services, Water & Sewer Utility Customers of the City of Denton FISCAL. IMPACT. Budgeted funds for this project come from CIP revenue funds, account #620- 081-0461-R525-9114 and 625-082-0471-V528-9114 Prepared by Name Denise Harpool Title Senior Buyer Name Tom D Shaw, C P M Title Purchasing Agent 767 AGE Respectfully submitted �edBenavides City Manager 28 .— - . v ■ kk � \ § [— � - - m - , )e( § \ § \§% � ( § r , -- - -) — �� s � � ®§ $ & , � \ ) � § _ ! — — - ^} !-- )) } § , § , �& 0 - —$-- � , \) § � § ---- - � , \( � $ § � � \/ ) f / 2! - � | \ � §§ ° � $ § @ \ § t 7 \_�_� $ k_ mz � �� j ITEM 3 September 4, 1996 PUBLIC UTILITIES BOARD AGENDA ITEM TO. CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD FROM: R.E. Nelson, Executive Director of Utilities SUBJECT: CONSIDER BID OPENING NO. 1941 FOR CAPITAL IMPROVEMENT PROJECT HOUSTON PLACE UTILITIES REPLACEMENTS. RECOMMENDATION: The Utility Staff and the Public, Works Engineering Department recommend the award of contract to Jagoe Public Company for the amount of $326,141 00 for the construction of Houston Place Water and Sanitary Sewer Imes SUMMARY Bids were opened on August 29, 1996, at 2 00 p in with a total participation of 8 bidders Jagoe Public Company of Denton, Texas is the lowest qualified bidder Jagoe Public Company's base bid is $326,141 00 for Houston Place Water and Sanitary Sewer Lines The bid is approximately $132,785 72 under budget and is $110,840 00 under the engineer's estimate BACKGROUND The water replacements consists of replacing waterlines on and near Houston Place Street These Imes have been a continual problem in the past that caused patching of recently repaired or overlaid streets due to repairing these Imes Continue making these repairs results in problems for the field crews and the residents in the area The sewer replacements consists of replacing sewerlines in the area as the existing sewerlmes, being old, are in poor condition and inadequate in size This causes surcharge .nd sewage backup resulting in health problems to the residents in the area These lines require continual maintenance by our field crews This project will increase size of the sewerlmes, relocate sewer services from back of the houses to front on Sena Street, reduce the difficulty in maintenance, increase capacity and improve system integrity in the area 30 Page 2 PROGRAMIDEPARTMENT OR GROUPS AFFECTED - The Citizens of Denton, Denton Municipal Utilities, City of Denton Engineering and Transportation Department and Jagoe Public Company FISCAL EWPACT: $527,OW is budgeted in revenue funds for construction is FY96 Prepared by p 4gj� Gerald P Cosgrove, P E Engineering Administrator Approved by ka*;, Howard Martin Director of Environmental Operations Exhibit I Location Map Exhibit 2 Project Consideration Exhibit 3 Bid Summary Exhibit 4 Fund Analysis Exhibit 5 CIP Detail Sheet h \wwptlpub\Houston wp6 Respectfully submitted, 3,6ARk,'t' R E Nelson, Executive Director Department of Utilities 31 Z O Lr r /� V O J W 0 o� a M. W VI ' IAI i�i A PROJECT CONSIDERATIONS HOUSTON PLACE UTILITY REPLACEMENTS • Waterlines in the area are in poor condition and have become a continued maintenance problem • The Existing sewerlines in the area are inadequate in size and are old causing problems to the residents and field crews for maintenance • Existing sewer services on Sena Street are to the back of houses that need to be relocated to front to avoid maintenance problems in future • Houston Place Utility Replacement is a revenue funded project that is $132,785 72 under the budget 34 W= N! " 1 4--* 11 -T w ■ SEP-06-'96 FRI 15 53 ID CITY OF DENTON UR TEL NO 817-566-8120 #480 P03 PUBLIC UTILITIES BOARD UNOFFICIAL MINUTES EXCERPTS September 4, 1996 CONSIDER APPROVAL OF BID #1941 FOR CAPITAL IMPROVMENT PROJECT HOUSTON PLACE UTILITITES REPLACEMENTS Mr Gerald Cosgrove presented this item Jagoe Public Company of Dneton, Texas is the lowest qualified bidder Jagoe Public Company's base bid is $326,141.00 for Houston Place Water and Sanitary Sewer Liens The bid is approximately $132,785 72 under budget and is $110,840 00 under the engineer's estimate Mr Coplen made the motion Mr Thompson seconded the motion Motion approved 4 for - 0 opposed 09 DATE. SEPTEMBER 17,1996 CITY COUNCIL. REPORT TO Mayor and Members of the City Council FROM Ted Benavides, City Manager SUBJECT BID # 1942 - COMMUNITY SIDEWALKS - EAST SIDE OF BOLIVAR STREET RECOMMENDATION. We recommend this bid be awarded to the low bidder, DBR Construction, in the total amount of $38,825 00 SUMMARY: This bid is for all labor and materials necessary in the repair of sidewalks on the east side of Bolivar Street from University Drive south to Pearl Street This is a portion of the on- going project using Community Development Grant Funds to construct and repair sidewalks throughout the City Four bid proposals were received in response to ninety-three notices to bid mailed to prospective vendors BACKGROUND, Tabulation sheet, Memorandum from Barbara Ross dated September 5, 1996, and Memorandum from David Salmon dated September 4, 1996 PROGRAMS, DEPARTMENTS OR GROUPS -AFFECTED. Community Development Department, Citizens of the Bolivar Street area FISCAL IMPACT. 1996 Community Development Grant Funds, Account 4219-05A-CDAB- 8502 Prepared by Name Denise Harpool Title Senior Buyer Approved � Name Tom D Shaw, C P M Title Purchasing Agent 770 AGE Respectfully submitted Ted Benavides City Manager 36 BID # 1942 BID NAME COMMUNITY SIDEWALKS FLOYD DOUGLAS DBR RADICH EAST SIDE OF BOLIVER ST SMITH CONCRETE CONST CONST OPEN DATE AUGUST 29,1996 VENDOR j $40,428 00 VENDOR _ --_VENDOR_ _ _ $44,500 25 _ $38,825 50 VENDOR_ # r TY DESCRIPTION - TOTAL BID AWARD _ $63,740 00 BOND YES YES YES YES i 37 CITY OF DENTON, TEXAS 100 WEST OAK - SUITE 208 - DENTON, TEXAS 76201 • (817) 383 7726 • FAX (817) 383 2445 Community Development Office MEMORANDUM TO. Tom Shaw, Purchasing FROM- Barbara Ross, Community Development DATE September 5,1996 SUBJECT Bolivar St Sidewalk Bid Based on the attached recommendation from Dave Salmon, Senior Civil Engineer, Community Development would like to accept DBR Construction's bid on the Bolivar Sidewalk project Community Development has worked with both DBR and Mr Calvert in the past with acceptable results Sufficient funds are available for the project based on DBR's bid of $38,825 Plea cart 7235 with any questions Thank you Barbara Ross Wi "Dedicat,d to Cualdy Seri ice CONTRACT AGREEMENT STATE OF TEXAS S COUNTY OF DENTON S THIS AGREEMENT, made and entered into this 17 day of SEPTEMBER A.D., 1996 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 WILLIAM J. SCHULTZ, INC DBA CIRCLE "C" CONSTRDCTION AMPANY 500 W. TRAMMELL FORT WORTH TEXAS 76140 of the City of FORT WORTH , County of TARRANT and State of TEXAS hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1931 - REPLACE WATERLINE - YORKSHIRE in the amount of $ 191,938.50 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 CITY OF DENTON ENGINEERING DEPARTMENT 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, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. :. - it 2 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, empio,yees, 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 tiru� stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ATTEST: APPROVED AS TO FORM: City Attorney AAA0184D Rev. 07/28/94 CA - 3 CITY OF DENTON OWNER By (SEAL) WILLIAM J SCHULTZ, INC , DBA CIRCLE mcm cousTgu=oN COMPANY CONTRA C R BV ' P 0 BOX 40328 FORT WORTH, TX 76140 MAILING ADDRESS 817/293-1863 PHONE NUMBER 817/293-1957 BY PRESIDENT TITLE WILLIAM J SCHULTZ PRINTED NAME (SEAL) :1 1 11 : "' PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON 71 S KNOW ALL MEN BY THESE PRESENTS: That WILLIAM J SCHULTZ, INC , DBA CIRr 1m "C"CONSTRUCTION COMPANY , Of the City Of FORT WORTH County of TARRANT , and State of TEXAS as PRINCIPAL, and SAFECO INSURANCE COMPANY OF AMERICA , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF DENTON as OWNER, in the penal sum Of _9NE HUNDRED NINTY ONE THOUSAND NIA HC RM -THIRTY EIGHT AND 50/100----- Dollars ($ 191,938.50 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, Jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 17 day of SEPTEMBER 19 96, for the construction of BID # 1931 - REPLACE WATERLINE which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the Provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - 1 PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, 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 the plans, specifications, or drawings accompanying the same, shall in any way 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 30TH day of SEPTEMBER , 19 96 WILLIAM J. SCHULTZ, INC , DBA r TOrl r nru r, By_ �� ( -� Title WILLIAM J SCHLYL7TZ, PRESIDENT Address: P 0. BOX 40328 FORT WORTH, TX 76140 (SEAL) SAFECO INSURANCE COMPANY OF AMERICA 4 Surety Title SHER' A KLUTTS, ATTORNEY -IN -FACT Address: SAFECO PLAZA SEATTLE, WA 98185 (SEAL) The name and address of the Resident Agent of Surety is: 234 EMMA STREET, FORT WORTH, TX 76111 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D Rev. 07/28/94 PB - 2 TiP17�U�.i LjFTTl STATE OF TEXAS COUNTY OF DENTON S S KNOW ALL MEN BY THESE PRESENTS: That CIRCLEM"c" CONSTRUCTION COMPANY NY of the City of FORT WORTH County of TARRANT , and the State of TEXAS as principal, and —SAFECO INSURANCE COMPANY OF AMERICA authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF DENTON , OWNER in the ONE HIINDRED NINTY ONE THOUSAND NINE HONORED THIgTy EIGHT and 50/100-- sum Of Dollars ($. 191,938.50 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 1_ day of SEPTESBER 19 96 BID # 1931 - REPLACE WATERLINE - YORKSHIRE to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - 3 Surety, for value received, 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 the plans, specifications, or drawings accompanying the same, shall in any way 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 30TH day of SEPTEMBER 1996 WILLIAM J SCHULTZ, INC., DBA n,nri r nru rnuC7n11rTinM MMDA By. Title WILLIAN( J SCF(ULTZ, PRESIDENT Address • P 0 BOX 40328 FORT WORTH, TX 76140 (SEAL) SAFECO INSURANCE COMPANY OF AMERICA Surety .'�44 dV'jd& Tit1eSHERYL iV KLUTTS, ATTORNEY -IN -FACT Address: SAFECO PLAZA SEATTLE, WA 98185 (SEAL) The name and address of the Resident Agent of Surety is: 1OHN A MILLER & ASSOCIATES INC -- 234 EMMA STREET FORT WORTH, TX 76111 AAA0184D Rev. 07/28/94 PB — 4 BOND NO 5841888 MAINTENANCE BOND THE STATE OF TEXAS S COUNTY OF DENTON S WILLIAM J SCHULTZ, INC , DBA KNOW ALL MEN BY THESE PRESENTS: That CIRCLE "C" CONSTRUCTION COMPANY as Principal, and SAFECO INSURANCE COMPANY OF AMERICA a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of Ni=Tm TWUH M ONE HUNDRED NINETY THREE AND 85/100--- Dollars ($ 19,193.85 ), ten (10%) percent of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WILLIAM J SCHULTZ, INC , DBA WHEREAS, said rTRrT.R "C" CONSTRUCTION COMPANY has this day entered into a written contract with the said City of Denton to build and construct RID # 1831 - REPLACE WATERLINE YORKSHIRE which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and; WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in MB - 1 accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each days failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. WILLIAM J SCHULTZ, INC , DBA IN WITNESS WHEREOF, the said CIRCLE "C" CONSTRUCTION COMPANY as Contractor and Principal, has caused these presents to be executed by WILLIAM J SCHULTZ, PRESIDENT and the said SAFECO INSURANCE COMPANY OF AMERICA as surety, has caused these presents to be executed by its Attorney -in -Fact SHERYL A. KLUTTS and the said Attorney -in -Fact has hereunto set his hand this 30TH day of SEPTEMBER t 19 96 SURETY: SAFECO IN NCE COMPANY OF AMERICA BY: SHERYL A KLUTTS Attorney -in -Fact AAA0184D Rev 07/28/94 PRINCIPAL: WILLIAM J SCHULTZ, INC , DBA CIRCLE "C" ZONSTRUCT,GN COMPANY i»�i���WILLIAM J SCHULTZ PRESIDENT e POWER SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE SAFECO PLAZA SAFECC® SEATTLE WASHINGTON 98188 No 7498 KNOW ALL BY THESE PRESENTS That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington coirparation does each ryereby app0Int " ""JOHN A MILLER, SHERYL A KLUTTS, JOHN A MILLER, II, K R HARVEY, Fort Worth, Texas"""""" Its true and lawful attorneys) -in -fact with full authority to execute on Its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued in the course of Its business and to bind the respective company thereby IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this I A 26th CERTIFICATE day of J8f1uBr Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA 19 96 "Article V, Section 13 - FIDELITY AND SURETY BONDS the President any Vice President the Secretary and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business On any instrument making or evidencing such appointment the signatures may be affixed by facsimile On any Instrument conferring such authority or on any bond or undertaking of the company the seal or a facsimile thereof may be Impressed or affixed or in any other manner reproduced provided however that the seal shall not be necessary to the validity of any such instrument or undertaking" Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28 1970 "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By -Laws and 01) A copy of the power -of -attorney appointment, executed pursuant thereto and (III) Certifying that said power -of -attorney appointment is in full force and effect the signature of the certifying officer may be by facsimile and the seal of the Company may be a facsimile thereof" I R A Pierson Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations and of a Power of Attorney Issued pursuant thereto are true and correct and that both the By -Laws the Resolution and the Power of Attorney are still in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixedtheface 110 seal of said Corp anon 19 this ..dT/T'•+�I/ day of � �F VYASN 1i�y � �yf nl S�.. WJ,m S-9741EP 1193 ® Registered trademark of SAFECO Corporation IMPORTANT NOTICE To obtain Information or make a complaint You may call the company's toll -free telephone number for Information or to make a complaint at 1-800- V%L-f-0S5- You may contact the Texas Department of Insurance to obtain Information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance 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 the company first If the dispute is not resolved, you may contact the Texas Department of Insurance ATTACH THIS NOTICE TO YOUR POLICY This notice Is for Information only and does not become a part or condition of the attached document Prescribed by the State Board of Insurance Effective May 1, 1992 "ISO IMPORTANTE Para obtener Informacion o Para someter una queja Usted puede Ilamar at numero de telefono gratis de Is componla pars Informacion o para someter una queja at 1-800- V ZZ-L� --% Puede comunicarse con at Departamento de Seguros de Texas pars obtener informaclon acerca de companies, coberturas, derechos o quejas at 1-800-252-3439 Puede escribir at Departamento de Seguros de Texas P O Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 DISPUTAS SOBRE PRIMAS O RECLAMOS SI tiene una disputa concernlente a su prima o a un reclamo, debe comunicarse con at agents o Is compania primero SI no se resueive Is dispute, puede entonces comunicarse con el Departamento de Seguros de Texas UNA ESTE AVISO A SU POLIZA Este aviso as solo pars proposRo de informacion y no as convlerte an parts o condicion del documento adjunto Ordenado por at consejo Estatal de Directures de Seguros, Effectivo all 1 de Mayo 1992 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 AAA00350 REVISED 10112184 Cl - Insurance Requirements Page Z 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(30) 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 10112A4 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 [X] A General Liability Insurance General Liability Insurance with combined single limits of not less than 1,000,000 shall be provided and maintained by the contractor The policy shall be written on an occurrence basis either In a single policy or in a combination of underlying and umbrella or excess policies If the Commercial General Liability form (ISO Form CG 0001 current edition) is used • Coverage A shall Include premises, operations, products, and completed operations, Independent contractors, contractual liability covering this contract and broad form property damage coverage • Coverage B shall Include personal Injury • Coverage C, medical payments, Is not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, It shall Include at least • Bodily Injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability AAA00350 REVISED 10/12/94 Cl - 3 Insurance Requirements Page 4 [XI Automobile Liability Insurance Contractor shall provide Commercial Automobile Liability Insurance with Combined Single Limits (CSL) of not less than 600,000 either in a single policy or in a combination of basic and umbrella or excess policies The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract Satisfaction of the above requirement shall be in the form of a policy endorsement for • any auto, or • all owned, hired and non -owned autos [XI 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, $10O,00O per each employee, and a $5OO,0OO 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) [ I 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 AAA00350 REVISED 10/12194 CI - 4 Insurance Requirements Page 5 "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 [ 1 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. [ 1 Builders' Risk Insurance Builders' Risk Insurance, on an Alt -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. [ ) 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 Cl - 5 REVISED 10/12/04 Insurance Requirements Page 6 ATTACHMENT 1 [X) Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A Definitions Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" in §406 096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets B The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 01 1(44) for all employees of the contractor providing services on the project, for the duration of the project AAA00350 REVISED 10112/94 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 mad 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. AAA00360 REVISED 10/12/94 Cl - 7 Insurance Requirements Page 8 1. The contractor shall contractually require each person with whom It contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and !b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and AAA00350 Cl _ 8 REVISED 10112/94 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 entitles the governmental entity to declare the contract void If the contractor does not remedy the breach within ten days after receipt of notice of b"reach from the governmental entity. AAA00350 CI - 9 REVISED 10112/94 BID SUMMARY 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. c /I_rr�17srr a c%i CONTRAC OR BY Street Address City and State Seal & Authorization j, i3 ��� (If a Corporation) 3 Telephone B - 1 Replace Waterline - Yorkshire dORK DAIS -79 65 BID NO PO NO BID TABULATION SHEET UNIT PRICE TOTAL ITEM DESCRIPTION QUANTITY UNIT 2 12-A 6" Water Main 1654 LF $ aO�/SLa/LF $L5/,��C/'L� Unit Price in Words- e,l. ��.��.ro�a am��ll�f�5 !��✓� 2 12-B 12" Water Main 2132 LF $30/ 00 /LF $7�1, Unit Price in Words ," �e c��� bno� i>%D 6C-nz 2 12-C 16" Water Main 43 LF $ s�� O /LF $/,S�G Unit Price in Words ,/�z� r � nr•r�,nC<r.j SP-44 Remove Fire Hydrant EA $�!'C `��/EA $ Unit Price in Words ,Q,[�' :�.-,= /3 lr,���cla� e2 ,=ate �i,< r „ 13 SP-42 Remove Valve Stack 11 EA no/EA 0 $ Unit Price in Wordai�yOwr,. /$?('D / SP-40 Cut and Plug Existing Waterline 7 FA ov/EA $ 0(, G Unit Price in Words 2 16 Water Service 66 EA $ 5/ ,j 00/EA $ yGG O ° Unit Price in Words ��`l�a v>n('d,,. -> 2 14 Fire Hydrant 7 EA $ Awe- e7 Unit Price in Words (rJnp_�E e�0� <ere,jj 2 13 1-A 6" Gate Valve 6 EA $ i/CC -'O/EA $ yGG Unit Price in Words L 2 13 1-B 12" Gate Valve 3 EA $ j��- C[. FA Unit Price in words 2 13 1-C 16" Gate Valve unit Price in words 14,iztt<o P - 3 Replace daterline - Yorkshire WORK DAYS 65 BID NO PO NO BID TABULATION SHEET UNIT PRICE TOTAL ITEM DESCRIPTION QUANTITY UNIT 3-B Remove Curb and Gutter 15 LF $ ,S' O/LF $ 75 c c Unit Price in Words "4nd G«`� 3-A Remove Concrete Pavement 9 SY $ S �' O/SY $ yS oG Unit Price in Words cat' LSE ��a `� '�� ��' Gr-n 7' 3-C Remove Concrete Walks and Drives 13 SY $ S-c�'/SY / Unit Price in Words 8 2-A Concrete Curb and Gutter 15 Unit Price in Words 5 8-A 6" Concrete Pavement 9 SY $,�,� o0/SY c� D YJ �ii Q Unit Price in Words 4-zeo�q�z��JzC 8 3-B 6" Concrete Driveway 13// SY $ 35" � C)SY $ 1 SsJ- , Unit Price in Words SP-2 Concrete Saw Cut 40 LF $ oQ /LF $�Q C Unit Price in Worded �•-�L�it-w Gt�-=��c �m�' 3 9 Sod 325 SY $ 1 /SY cc S /5�oc Unit Price in Words Ce, 4 1 21 Contractors Warranties and Understandings -- LS $J�%5 p o /LS Unit Price in Words r z �IDW"La ? aVW/wo L.x SP-10 Rock Excavation 50 CY $ �Q ��/CY Unit Price in Words�� SP-37 Excavation Protection 385 LF $ / 00 /LF S J?ys Q 0 Unit Price in Words 47M algzf6t ? - 4 Replace Waterline - Yorkshire ,IORK DAPS 65 BID NO 103, PO NO BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRIdCE TOTAL 3 1 Preparation of Right-of-way7- -- LS $ 15-00 YLS Unit Price in Words q„G/ /,,�,�u�R/�L2tam G//h!"l.Q.sa�✓ 8 1 Barricades, Warning Signs and Detours -�-� LS nC) Unit Price in Wordsypiy SP-39 Project Signs 2 EA $�a%EA $,S'00'76 Unit Price in Wordsryp� der`; 2 12 8 Ductile Iron Fittings 1235 LB $ %/LB $5,f Unit Price in Words _ SP-46 Misc Sprinkler System Adj L S $�.$'D� �/L S SZ,f'Qee nC Total $/ 9 Total Price in Words c�,J�.Yses �ico!/ �rte ru'-�s o"'"sr r�'E •son-,-- /rz�n-C12 <� h/ s �t ..E�f C ��"-r°��lr�� CE'YC CONTRACT AGREEMENT STATE OF TEXAS S COUNTY OF DENTON S THIS AGREEMENT, made and entered into this 17 day of SEPTEMBER A.D. , 19 96 , by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through TED BENAVIDEs thereunto duly authorized so to do, hereinafter termed "OWNER," and HYDRO PUMP & EQUIPMENT P.O. BOX 40294 615 RAINW)OD HOUSTON. TEXAS 77240 of the City of HOUSTON , County of HJUMIS and State of TEXAS hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1936 - INTAKE STRUCTURE DREDGING PROJECT in the amount of $80,495.00 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 iaatter thereof, and the Specifications therefore, as prepared by CITY OF DENTON WATER PRODUCTION DEPARTMENT i all of which are made a part hereof and collectively evidence and constitute the entire contract. Indeaendent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor 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. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. � . T_'_.__ .., ATTEST: APPROVED AS TO FORM: AAR0184D Rev. 07/28/94 CA - 3 CITY OF DENTON OWNER rc By -- (SEAL) HYD P 6 EQUIPMENT CONTRACTOR l� 0 s10 ce l 7- 0 a% ?X 2 2 MAILING ADDRESS '7P3-- F7d 6 PHO E NUMBER 7L 3 -, �f L © ) FAX NUMBER % BY TITLE A ��-yam/C� PRINTED NAME (SEAL) BOND FINAL CONTRMACT BASED pERFORMANCE BOND 3TATD or TDXAS 5 Bond No 128727Q Premium $2,415 00 COUNTY of DENTON 5 KNOW All MEN BY THESE PRESENTS: That Hydro Pump & Equipment, Inc _, of the City Of Houston county of Harris , and State of Texas as PRINCIPAL, and Amwest Suret Insurance Com an as SURETY, authorized under the laws of the State of Texas to , act as surety on bonds for principals, are held and firmly bound unto the City of Denton, Texas au OWNER, in the penal sum of Eighty Thousand Four Hundred Ninety -Five and No/100 ----------- Dollars ($80,495 00------- -_) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, Jointly and severally, by these presents WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 17th day of September � 19_2L, for the construction of Dredge apArox 20 000 cubic yards of material from water intake structure and channel and deposit in lake disposal area or truck to City of Denton's Municipal Landfill which contract is hereby referred to and made a part hereof as fully and to the same extant as if copied at length herein. NOW, THMWORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effects PROVIDED, HOWEVER, that this bond is expoutAd pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. Pa - 1 PROVIDED FURTHER, Lhat if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, 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 the plans, specifications, or drawings accompanying the same, shall in any way 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and scaled this instrument this loth day of October 19_ 6 . , Hydro Pump & Equipment, Inc Principal By .� Title AdQ1'¢ee: (SEAL) Amwest Surety Insurance Company Surety Eus, Erin C Tis el Title Attorney -in -Fact Address: 12�5 North Loop West, Suite 318 Houston, Texas 77008 (SEAL) The name and address of the Resident Agent of Surety is: Don Harvey Weidenfeller 1235 North Loop West, Suite 318 Houston, Texas 77008 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D Rev, 07/28/94 PB - 2 BOND FINAL CONTRACT BASED ON PAYMENT BOND STATE OF TEXAS § Bond No COUNTY OF DENTON § Premium KNOW ALL MEN BY THESE PRESENTS: That 1287270 $2,415 00 Hydro Pump & Equipment, Inc of the Clt.y vt Houston County of Harris , and the State of Texas , as principal, and Amwest Surety Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Denton Texas , OWNER, in the penal eum of Eighty Thousand Four Hundred Ninety -Five and No/100 Dollars ($80,495 00 ----- ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents; WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 17th day of September 19 96_ . Dredge approx 20,000 cubic yards of material from water intake structure and charmel and deposit in lake disposal area or truck to City of Denton's Municipal Landfill to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if tho said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, Lhen Lhis obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions or the Texas Government Code, chapter zz53 (vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - 3 Surety, for value reoeived, 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 the plans, specifications, or drawings accompanying the same, shall in anyway 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. TN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this m 10th day of October 19 96 Hydro Pump & Equipment, Inc Principal Add r sst V-. z U Amwest Surety Insurance Company Ourety � C �-�a Erin C Tisdel Title Attorney -in -Fact Address: 1235 North Loop West, Suite 318 Houston, Texas 77008 s (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Don Harvey Weidenfeller 1235 North Loop West, Suite 318, Houston, Texas 77008 ARA0184D Rev. O7/28194 PB - 4 EXPIRATION DATE 'I _Z10-to / POWER NUMBER READ CAREFULL J This document is printed on white paper containing the artt0aal watermarked logo (l%k ) of Amwest Surety Insurance Company (the Company ) on the front and brown security paper on the back Only unaltered originals of the POA sres al id This PDA may not be used in conjunction with any other POA No representations or warranties regarding this PDA may be made by am person This POA is governed by the laws of the State of California and is only valid until the expiration date The Company shall not be liable on any limited POA winch is fraudulently produced forged or otherwise distributed without the permission of the Company Any party concerned about the validity of this PDA Or an accompam ing Company bond should call your local Amwest branch office at (713)880-4545 KNOW ALL BY THESE PRESENT that Amwest Surety Insurance Compam a Nebraska corporation (the Company ) does hereby make constitute and appoint ERIN C TISDEL AS AN EMPLOYEE OF AMWEST SURETY INSURANCE CO\SPANI its true and lawful Attomey-m fact with limited power and authont) for and on behalt of me Company thereto if seal is required on bonds undertakings recogmzances remsurance agreemen for a Mille the nature [hereof as follow Bid Bonds to a00 00 ,( ContContract(Performance & Payment), Court, Subdivision S""S,O00 000 00 L��y License & Permit Bonds up to $"-1,000,000 00 MisceRaneous Bonds up to $""1,000,000 00 Small Business Admirstration Guaranteed Honda up to S""11000 ODO 00,,���((\\� < and to bind the company thereby This appointment Is made under and bt authjiC.n�l�e By Lary 1 the undersigned secretary of Amwest Surety Insurance Company force and effect and has not been revoked and furthermore that the provisions of the By Laws of the Company are now in full force ar Bond No 1287270 Signed & sealed 41 ♦ s1 ♦ Is Ill • 41 • ♦ • This POA is signed and sealed by facsimile under Company at a meeting duly held on December RESOLVED that the President or any e authority as defined or limited in the ins me of the company [o bonds undertaking n revoke any PDA previously gran no the seal of the company now in full force and effect corporation DC) Fftili YiRTIFY that this Power of Attorney remains in full pits f the Board or;s to on this Power of Attorney and that the relevant z < 7 Karen G Cohen Secretary F 0eurim DIRECTORS • • ■ ♦ • Is Is* w as ow1I adopted by the Board of Directors ofAmwest Surety Insurance I wi Sevetan or any Assistant Secretary may appoint attorneys in fact or agents with m ac tits^ for and on behalf ofthe Company to execute and deliver and affix the seal hgat pits of all kinds and said officers may remove any such attorney in fact or agent and Iren ship obligation shall be valid and bind upon the Company (p when signed by the President oXaany Vi o1M9 f and and sealed (I a seal be required) by any Secretary or Assistant Secretary or (it) when signed by the President or any a dent or Assistant Secretary and countersigned and sealed (ifa seal be required) by a duly authorized attomey-in fact or age on (m) when duly executed and seal (Jfe requirelD one or more aimmey in fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issue ompany to sue person or persons RESOLVED FURTHER that the st tat re of any authorized officer and the seal of the Company may be affixed b) facsimile to an) PDA or certification thereof authorizing the execution and deli eryofanybond undertaking recognizance o other suretyship obligations ofthe Company and such signature and seal when so used shall have the some force and effect as though manual IN affixed IN WITNESS WHEREOF Amwest Surety Insurance Company has caused these Ares-nis to be signed by its proper officers and its corporate seal to be hereunto affixed this 14th day of December 1995 OCA- . � � rJi�G'1-L r _ John E Sat age Pre c-nl Karen G Cohen Secretary State of California County of Los Angeles On December 14 1995 before me Peggy B Lofton Notary Public personals appeared John E Savage and Karen G Cohen personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose names) is are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized cepaciry(ies) and that br his ner/men signatures) n t m m ten the erni on eh of which the person(s) acted executed the instrument o"""""""" S••••u WITNESS hand and official seal PE6CY( ofthe�nq & 10FTCN . � NotarPP�tle-�CaY�ioeio PO v0 '9T �c Signature (Seep Lot ArpdMCow* J 2 F 1n= a Lofton Notan Pu My Comm EVIsmAup6.liW N DEC14, Ot0- I— 1995 O E .N���FBR PETE REINTRALER, INSURANCE P. 0. BOX 2004 - BELLAIRE, T% 77402-2004 - (713) 669-1127 Qr INSURANCE This Certificate is issued as a matter of Information Only and confers no rights upon the Certificate Holder This Certificate does not amend, extend or alter the coverage afforded by the policies below. Name and Address of Insured: HYDRO PUMP & EQUIPMENT, INC. P 0 BOX 40294 HOUSTON, TX 77240 THIS IS TO CERTIFY that Policies of Insurance as listed below have been issued to the above named Insured by carriers named below, and are in force at this time, INSUROR AND TYPE OF INSURANCE: POLICY NUMBER: EXP.DATE: LIMITS OF LIABILITY General Liability Scottsdale Ins $2,000,000. aggregate Co CLS-340643 12-07-96 $1,000,000 occurrence $1,000,000 Pers In7 As Additional Insured: The City of Denton, its Officials, Agents, Employees and Volunteers This insurance is primary to any other insurance available to the Named Insured with respect to claims covered under the policy The inclusion of more than one insured shall not operate to increase the insuror's limit of liability Workers T.W C I.F. 10-16-97 Statutory with E.L Compensation #SBP-150059 $100,000 ea accident $100,000. as employee $500,000 agg. disease Waiver of Subrogation against: The City of Denton, its officials, Agents, Employees and Volunteers. Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavour to mail 30 days written notice to the below named Certificate Holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the Company Oct 10, 1996 Authorized Repreaentativ CERTIFICATE ISSUED TO: City of Denton, Texas - Att'n.. Tom D Shaw 901-B Texas Street, Denton, TX 76201 n I u u ' f RECEIVED 10 15 96 10 25AM, 18173837302 => DENTON•CITY-ACCTO, 82 FRQ.M: C1Ty OF_D9NTON FAX NO 18173837302 10-15-96 09 25A P 02 CERTIVICATE OF INSURANCE 91 ALLSTATE INSURANCE COMPANY ❑ ALLSTATEINDBMNITYCOMPANY Cj ALLSTATE TEX"LLOYDB THIS C6R MOATE16ISSUEDASAMATTEROFINFORMATIONONLYANDCONFERSNoRIGHTSUPONTHE019"FWATEHOLDER THISOERTIFI LATE 0099 NOT AMEND, EXTEND OR ALTER THEODVERA66 AFFORDED BYTHE POUGES BELOW -- N 9�ddree party Y�b9O2 pap __Npmeand ressotlnsured pins wn ppl to tits G9rt1( 18Bp CM OF DERMN T&1SAIM1 PUACMING 1IMSICN SIym PUMP 6 PrautRl4EKy, Im. C/O TM D. SHM CPN P.A. WK 40294 901-8 TRW HtXXT17N, TX 77040 DMFM, TX 70202 1 Thls 16 to certify, that poilobe of tnsufamcs elated below have balm issued to the insured named ebove lulNeut to the sxplNtlon sale mmosura amow, notwithstanding any +equiremem, term or condhwn of any oomrect or other document with respect to which this oertifloete may Ba Issued or mar pertain Tina msuranae eHorded by the 00110190 described0� N�� � AND LIMITS Ana, and condmons of euon policies �q, BRe ove Expiration COMMERCIALGENEpALLIABILITY N�omber Ova �_� Date _ LMdt�_ _ _—�7i- -- --7 GgI%RALh22R TUMffA0_th4[thenr'rodtteta�_IIPNt�70nii2pgl— $ -- --_ -- PRDDtiGTs dPLETEQOP N¢ADuRAT0.61r .A -W-- ---- P8A DAt tt M1 art i q INJURY LIMIT EANI,�N- tfALDAMA06I/!!!L__ _ R ANYONE LOBS vem-moompkNW&L STO B61 BAIPLOv6Rr BOI UABILITY 130i AUTOMOBILELIABILrIY OIWYAMO isUNNEOAUMS ORCIFIEO AUTOS CIowNGD MOTE KNINOER AUTOS OWNED ALRO$ 07H�RM PAIIMTI UMBRELLA LIABILITY affective Date _..... Policy metwe Number 049 379 221 Dete 1 09-27-96 Lewis �HIAEDAlr10s BODILY pADPERIYDAMAOQ 1� 000• � W NOIILOWNED MRD$ _ 1 61�d ti6AT trNn._ ;PASSENGER. -. _ ... PNale� . _ po" Pax NOW 7671 im phow Policy Of Pdloyl NUMbar Expiration Data Ex Iretlon Date 09-27-97 EACfIACOIDBNT_ DE6CRIPTIONOPOpfiRAT10NS1LOCATMord NICLBSMBTR141lkn§UA L4LIYLMSI CI OF 17i ppyr1CTAT Q AIIWM0 AND VOIMUMB, I1�URAr1C8 10 PAIN4IRY 70 AND! � AYAILRam RD AIIOIT:ECML IMMM WM FAW= TO CLAIMS COVI = IMM TH'S PMLIl'Y AN') THIS-TWIRAIGCB AM SEPARATELY TO RAM INSURED AWNST WICK Q.AIM IS TADS ON SUi'P 16 b[iC1iKiEiTL 1M ZNCLV6I04 Or antra rrmam mm TAa't IWh gnU.L Plan nPIRRATE Tn TNIZ±SAM TITS 1Wfi ERi_S LI[M OF LIABILITY. CANOBLLATION ; 1D-15-96 Number Of deryta n0pae 30 T Awl i Rwi�la" — — oaks shmildam*?Uweallovedtleomm ppp0lIloins beoanceiWileforemeoxpNatloeoammuingoomppaanywii4andeevw lornait w1111h1 the numberof daysentenldebOvs,asittennollcslolhaoeruNostelnoMelnpmndatioW SNSfallaretomellauohn011ooehnulmposonoobliaalbnOrliabilityofany Kind upon the onr. puny, Its agents o, eaieesadellves 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 • 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 AAA00350 REVISED 10112/94 Cl - 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 respectto claims covered underthe 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(30) 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 AAA00360 Cl - 2 REVISED 10112/94 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. [ I A General Liability Insurance: General Liability insurance with combined single limits of not less than shall be provided and maintained by the contractor The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies If the Commercial General Liability form (ISO Form CG 0001 current edition) is used • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage • Coverage B shall include personal injury • Coverage C, medical payments, is not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCLI) exposures • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. AAA00350 CI - 3 REVISED 10112/04 Insurance Requirements Page 4 [ I Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than either in a single policy or in a combination of basic and umbrella or excess policies The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract Satisfaction of the above requirement shall be in the form of a policy endorsement for • any auto, or • all owned, hired and non -owned autos [ ] 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) [ I 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 AAA00360 REVISED 10/12/94 Cl - 4 Insurance Requirements Page 5 "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 [� 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 [ ] 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 CI - 5 REVISED 1O112/04 Insurance Requirements Page 6 ATTACHMENT 1 { ] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions. Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure Issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation Insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - Includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" in §406 096) - Includes all persons or entitles 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 Cl ' 6 REVISED 10/12/94 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 ail" 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 AAA00350 REVISED 10/12/94 Cl - 7 Insurance Requirements Page 8 The contractor shall contractually require each person with whorb it contracts to provide services on a project, to (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of Its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person with whom It contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project, and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity In writing by certified 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 AAA00350 Cl _ 8 REVISED 10/12/94 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 entitles the governmental entity to declare the contract void If the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity AAA00350 Ci - 9 REVISED 10112/94 BID SUMMARY TOTAL BASE BID PRICE IN WORDS FOR ITEMS 1, 2,3 AND 4 A/ o Leed G APrX In the event of the award of a contract to the undersigned, the undersigned will fumish 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 The undersigned agrees to substantially complete all work covered by these Contract Documents within J3 consecutive calendar days from the day established for the start of the work, as set forth by the execution of the contract agreement Yr .sidGn* ,, 0, Box you qq _ 1n 1E Ruih wo&4 Street Address 40u5+04,7x 77.Ry0 )i'au 64vn 4 7X 77 0'7 9 City and State Seal & Authorization (If a Corporation) 713 - 870 '87"7 0 Telephone 91 Proposal Base Bid - Project A 1 Mobilization to include establishment of temporary work facilities, dredge and tender boat mobilization, project sign, and 1 Lump Sum $ 2 6+ ha5,orper Lump Sum 4 O"tYs Y 0 A°4-'t �kwulrtdfwt.lY $ fib, UY oo n Tvcnh�SIX 7hovs,a(Av µundyed Twc tyFYG Dollars and Dollars and performance and payment zero bonds zero Cents Cents per Lump Sum 2 Dredging for Project A Including 2,000 Cubic $ a3, a le Per all labor, rental, equipment, Yards Cubic Yard Forrys,xTAnysa d tools, supplies, fuel, and Incidental expenses to complete 'f+vent'4: Aree, Five Wu"dradTwent y Dollars and Project A Dollarsend -5)y Zero Cents Cents Oer Cubic Yard 3 Demobilization and Project 1 Lump $ ?So uoPer $'TIaso.00 Closeout Sum Lump Sum Seven Thouso+v( we NHndru( F- ft+ Seven Yho ssa"a{ n r Dollars and Dollars and T zero zero Cents Cents per Lump Sum Total for Base Bid - Project A $ So, N45 , 00 Iii�hiyYhnusu"d Poky I+Nwirtaj N+ncYv�i✓e, Dollars— and zero Cents Alternative No 1 - Project A 4 Dredging for Project A including all labor, rental, equipment, tools, supplies, fuel and Incidental expenses to complete 2,000 Cubic Yards $ 5 . 1 b Per Cubic Yard G+ D $ 10 x . o x Nundruj wcTiwusa broc/�undrecj Twe" Dollars and Dolla and -�IY4t6&n Project A And hauling off slurry from Project A In trucks to site zero Cents Cents per Cubic located adjacent to City of Denton landfill Yard P-3 Total for Alternative No 1 - Project A Includes bid Items 1, 3, and 4 $ 13" � 0 0 Ono NndredTh�riySiX a64.4 )16ar 4 A Dollars and Zero Cents Alternative No 2 - Project B 5 Dredging for Project B including 18,000 Cubic $ Per $ LAQ, 9G0.00 all labor, rental, equipment, Yards Cubic Yard hello ejru(7iw^iyMne tools, supplies, fuel, and Ulna Mundred & t°ho Incidental expenses to complete Soven Dollars and Dollars and Project B Zero Cents Cents er Cubic Yard Total for Alternative No 2 - Project B 460.00 ji 5Xclude5 Mobs bs Wlob Ona Ha«NraATwenhllp^ Nl& itYndkw SUl+' Dollars and Zero Cents Total Project Total Project Proposal to provide all services to complete the Base Bid - Project A tyTheuSar F&4r lixndrut Ni06hf Five. r Dollars and zcrn Cents Total Project Proposal to provide all services necessary to complete the Alternative $ 1310'.1i75. on No 1 -project A one ylNrdredThsiX Two wwu dreA N#2 171ir Dollars and zero Cents Total Project Proposal to provide all services necessary to complete both the Base $ a) 00 NSS. 00 Bid - Project A and Alternative No 2 - Project B Two 14111nalre4 ron-nVk-"a IbWr jiN*A Fr(Vv riv Dollars and Le rD Cents P-4 ^/F'vo SrN54rcj .Yhdrsd&4 haHsars1 ,4 SECTION 2 CONTRACTOR SAFETY INFORMATION Name of Firm Hydro Pumo & Eauioment Inc Address P 0. Box 40294, Houston, TX 77240 (Street Address andarP0 Bar) 77 Telephone Number (7131 a=-az70 (713) a7n-R230 413)AZL--n70 Md"me) (NlghtWohdays) (Smemencues) (/fmore than one (1) person will share the rollout respansibiBhes asscolated with Safety, please bat the name, hilt and nlephone number ofeach) List name of Safety Coordinator or contact person(s) i._ T. v t i h Presider (713) 870-8770 (Name) (Ink) (tekphoneNumber) ( (Nam) (Inlet ( (ram) Mile) c (Name) (tale) (1faddtlonaI span is needed please use separate Sheetafpaper) Does your firm have a formal Safety orientation program for new employees? (including supervisors) Does youf firm have a formal Safety program? fff Yes please provide a copy efyour program ar mamal) Does your firm conduct regular Safety meetings? pfres howoJtm? D 4�nt,he Xzo4a •+ 7 (telephoee Number! (telephone Number) (telephone Number) Yes (X ) No ( ) Yes (X ) No ( ) Yes (X ) No ( ) Does your firm record all Job related illnesses, injuries, first aids and non-rnJury accidents? Yes (X ) No ( ) afYes, please malude a ropy ofehe formsymt would uuse a accomplish this) In the event of an on -site accident at our facility, who will conduct the accident mvesuption for your firm? Promident (713 870-8770 (title) (fekphone Number) Using the three (3) most recent venfiable ratings, list your firms Interstate Experience Modification Rate (EMR), for the time penods described below of ar Am rated please @v1am) Present Year Last Year Preceding Year No accidents since inception 19-u- 1995 1994 of Company EMR 1_0 EM-L-0— EMR.L 0 in 1983 Name of Insurance Agency Pete Reinthaler Insurance Agency Agents Name Pete Reinthaler Telephone No 713i 669-1127 Ext 1 List your firms safety stausucs as requested below Present Last Preceding YM Year Year Total number ofinjuries and illnesses -0- (Inaluding first aids) Total number of OSHA "Recordable" incidents _0_ -0- -0- (Refw to OSHA 20(ijorms) Total number of lost workday cases PApw) —0— Total number of fatalities _0_ —0— —0— Using the formula provided below, list your fiim's OSHA Incident Rate (I R), for the tune periods indicated gfyou areNot required to file OSHA 200 repor(s, show NA to the (lit) column and Bst only the number ofemp/oyee hours workedjoreach rime periad) Present Year 19 96 1R. =0— Employee Manhours Worked 1 , 251 Last Year 19_ 55 I R�0— Employee Manhours Worked!, 616 Preceding Year 19_24J R_0- Employee Manhours Worked 1 , 476 I Ra Total Recordable Cases X 200 000 Employee Hours Worked 2 �M a LU 8 P If i u = S m J HIM q ZarE s ti0 CONTRACT AGREEMENT STATE OF TEXAS S COUNTY OF DENTON S THIS AGREEMENT, made and entered into this 17 day of SEPTEMBER A.D., 19 96 , by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed "OWNER," and INSITUFO RM TEXAR4, INC. 17988 EDISON AVENUE CHESTERFIELD MISSOURI 63005 of the City of CHESTERFIELD , County of SAINT LOUIS and State of MTRRnTTRT __, hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1940 - CHISHOLM TRAIL SANITARY SEWER (MONCAYO)HOUSTON PLACE in the amount of $99,971.30 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 CITY OF DENTON ENGINEERING AND TRANSPORTATION DEPARTMENT 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. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: Smith, Aast Secretary APPROVED AS TO FORM: G��4' — City Attorney AAA0184D Rev 04/05/96 CA - 3 <sJ (fit CITY OF DENTON��"i OWNER By (SEAL) W AFFHOLDM.I PRESIDENT 17988 Edison Avenue Chesterfield, Missouri 63005 MAILING ADDRESS 314-532-6137 PHONE NUMBER 314-530-0751 FAX NUMBER BY President TITLE Robert W Affholder PRINTED NAME (SEAL) 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 fads 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 AAA00350 REVISED 10/12/04 Cl - 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 10/12/04 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 - [id A General Liability Insurance: General Liability Insurance with combined single limits of not less than si.000.000 shall be provided and maintained by the contractor The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies If the Commercial General Liability form (ISO Form CIS 0001 current edition) is used • Coverage A shall Include premises, operations, products, and completed operations, Independent contractors, contractual liability covering this contract and broad form property damage coverage • Coverage B shall Include personal injury • Coverage C, medical payments, is not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall Include at least • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCLI) exposures • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability AAA00360 REVISED 10/12/94 Cl - 3 Insurance Requirements Page 4 [mil Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than s500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract Satisfaction of the above requirement shall be in the form of a policy endorsement for • any auto, or • all owned, hired and non -owned autos [xl 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) [ l 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 AAA00350 REVISED 10112/94 Cl - 4 Insurance Requirements Page 5 "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability Insurance Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building Limits of not less than each occurrence are required [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear [ ] 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 10/12194 CI - 5 Insurance Requirements Page 6 ATTACHMENT 1 [� Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" In §406 096) - mcludes all persons or entitles 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 10/12/94 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 mad 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 AAA00350 CI - 7 REVISED 10/12/94 Insurance Requirements Page 8 The contractor shall contractually require each person with whom it contracts to provide services on a project, to (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all of its employees providing services on the project, for the duration of the project, (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage Is being provided for all employees of the person providing services on the project, for the duration of the project, (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, If the coverage period shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person with whom it contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project, and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity In writing by certified mall 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 AAA00350 REVISED 10/12/94 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 entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity AAA00350 REVISED 1011 M4 Cl - 9 BID SUMMARY TOTAL BID PRICE IN In the event of the award of a contract to the u ode si bond for gned, the undersigned will furnish a performance bond and apcompliance with nt the full amount of the contract, to secure proper insure and guarantee the terms and provisions of the contract, t the work until final completion and acceptance, an dand ta materials guarantee payment for all lawful claims for labor performed furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, specifications, to the satisfaction of the accordanceeted and finished in the Engineer, plan The undersigned certiftes 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. HKO W Affhbld4r, President 17988 Edison Avenue Street Address Chesterfield, Missouri 63005 City and State Seal & Authorization 314-532-6137 (If a Corporation) Telephone B - 1 Chisholm 'rail Sanitary Sewer (Moncavo) Base Bid 10" Trenchless BID TABULATION SHEET WORK DAIS 25 BID NO 1 040 PO NO ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL SP-45A 10" Trenchless Rehabilitation 1, 336 LF $ S� /LF $�/D 74� -] Op Unit Price in words WS-18 Sewer Service 12 EA $ �1...�/EA $ f/f/I,IDO� Unit Price In Words 00 rZ p HC44 2Ow4Wµ Olt*nftw"15 ,$$1,2 7 6-B Rebuild Concrete Manhole (4' Dia) 5 EA $�MfN�EA &50 Unit Price in Words wa AWKAPO AOC 14rAi&77Mv4ry � f�[.v1� 7 6-A 4' Concrete Manhole 1 EA Unit Price in words, rWo1A11$AMQPw04o"po �Soi 3-A Remove Concrete Pavement 6 SY $ LfS i /SY _77J $. 70 4� Unit Price in Words ""1 fidrL. r- roe Lc.4rZs 5 8-A 6" Concrete Pavement 6 SY $ CaOw- /BY $ %(O042- (illJJ Unit Price in words�I� �r %reo ILL �� S SP-2 Concrete Saw Cut 20 LF D $ ! /LF $ Unit Price in Words 3 9 Sod 100 SY $ a�7, 5. /SY Unit Price in Words 1 21 Contractors Warranties and Understandings --- LS $ l� '/LS $ Unit Price in words 8 1 Barricades, Warning Signs and Detours --- LS $! s Unit Price in Words ,/,, . rid,"%/OP SP-39 Pro? ect Signs 1 EA $ / O��/'EA $ Unit Price in Words pNr u,�► �5 TOTAL $ P - 3 Chisholm Trail Sanitary Sewer (Moncavo) Alternate, 15" Trenchless BID TABULATION SHEET WORK DAYS 30 BID NO 1940 PO NO ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL SP-45B 15" Trenchless Rehabilitation 1,336 LF $ Ao & L /LF $'/ Unit Price in Words �t2 Ci WS-18 Sewer Service 12 EA $ A 061p/EA $ / Unit Price in Words 7 6-B Rebuild Concrete Manhole (5' Dia) 5 EA $�!�,^ /EA go $/ Unit Price In Words / V(� 7 6-A 5' Concrete Manhole 1 EA $�04..•'1/EA l�l/ $� Unit Price in Words 3-A Remove Concrete Pavement 6 Unit Price in Words 5 8-A 6" Concrete Pavement 6 SY $� /By $/ Unit Price in Words SP-2 Concrete Saw Cut 20 LF $,I /LF N� $ Unit Price in Words 3 9 Sod 100 SY $ O /SY $ / Unit Price in Words 1 21 Contractors Warranties and Understandings --- LS $ /LS Unit Price in Words 8 1 Barricades, Warning Signs and Detours --- LS Y Unit Price in Words V SP-39 Project Signs 1 EA $,ID� /EA $ / Unit Price in Words P - 4 Chisholm Trail Sanitary Sewer Alternate, 15" Trenchless BID TABULATION SHEET (Alternate Items) ADD WORK DAYS 10 BID NO 1940 PO NO ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3 3 Unclassified Excavation (Asphalt Pavement Removal) 10 CY $�/CY Unit Price in Words ' 5 7-A 3 1/2" Asphalt Pavement (Type A) 67 SY $�,I_ZD Unit Price in Words r i 5 7-B 1 1/2" Asphalt Pavement (Type D) 67 SY $ .I /SY Unit Price in Words 5 8 6" Concrete Pavement 92 SY $ p?WV /SY ' Unit Price in Words 2 �l Curb and Gutter 28 LF $/LF Y / LEConcrete Unit Price in Words , SP-2 Concrete Saw Cut 306 LF $ /LF D / Unit Price in Words 3-B Remove Concrete Curb and Gutter 28 LF $ /LF Unit Price in Words e1 f�1 7 3-C Remove Core Walks and Drives 95 SY $4��/SY Unit Price in Words 2 8 3-B 6" Concrete Driveway Q 1%1l' Unit Price in Words 8 3-A 4" Concrete Sidewalk 4 SY $ /sY v�D Unit Price in Words /T D 3-A Remove Concrete Pavement 92 SY $ BY Unit Price in Words ' `� TOTAL $ Q WORK DAYS 10 BID NO. —r7TT— Houston Place Sanitary Sewer PO NO. 10" Trench�lass (Base Bid) BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL SP-45A 10" Trenchless 351 LF $ 3� /LF $/D01 3b�� Rehabilitation Unit Price in Words. -t� � i, 9�jo 2.12-A 10" Sanitary Sewer 20 LF $ ^O /LF 1 $ g,,! 00� Unit Price in Words: 7- 7 6-D Rebuild 5' Manhole 1 EA $ yp��/EA Unit Price in Words. 7WOO'Zo YEW C*t5 7 6-C 5' Drop Manhole 2 EA $ /' 70e/EA $ Unit Price in Words: ki0b SP-41 Remove Manhole 1 EA $ 476C#/EA $ %fsp =' Unit Price in Words: y !2, , �5 �/GLFF SP-43 Asphalt Saw Cut 138 LF $ 0.11f $ //? SE - / Unit Price in Words even SP-39 Project Signs 2 EA $5Dt- /EA $ Unit Price in Words- r y �(V AZIpa 1 21 Contractors, Warranties --- LS $ 9— $ sp y and Understandings Unit Price in Words. iY f /1ti a0 S B 1 Barricades, Warning Signs --- LS $ s0�/LS $ S and Detours Unit Price in Words 2 12-D 8" Sanitary Sewer 10 LF $ 1000/LF $ I ODD � Unit Price in Words- ^A �rv- Mao 4-wom & 4 lJ. ! SP-37 Excavation Protection 30 LF $ I�/LF $ Z ✓ Unit Price in Words &q4*'d""// V a7u"46 ll//c TOTAL $ J / O g-� Houston Place Sanitary Sewer 12" Trenchleee (Alternate Bid) BID TABULATION SHEET WORK DAYS 15 BID NO. 1Q d n PO NO. DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL FITEM SP-45C 12" Trenchleee Rehabilitation 351 l� Unit Price in Words: �J 2 12-8 12" Sanitary Sewer 20 Unit Price in Words: 7.6-D Rebuild 5' Manhole 1 �p Unit Price in Words: 7.6-C 5' Drop Manhole 2 $ / $ / Unit Price in Words: I` SP-41 Remove Manhole 1 $w / $ Unit Price in Words: , SP-43 Asphalt Saw Cut 138 Unit Price in Words: SP-39 Project Signs 2 $ / $ Unit Price in Words: 1.21 Contracture, Warranties and Understandings --- S ,/�2 / /�6WJf $ Unit Price in Words: 8.1 Barricades, Warning Signs and Detours --- D Unit Price in Worde: 3-B Remove Curb and Gutter 5 $ O �+! Unit Price in Words: �/ 3 3-C Remove Walks and Drives 13 Unit Price in Words t5 P — 7 WORK DAYS NO. _ BID NO. �y Houston Place Sanitary Sewer PO NO 12" Trenchlese (Alternate Hid) BID TABULATION SHEET UNIT UNIT PRICE TOTAL ITEM DESCRIPTION QUANTITY 8.2-A Concrete Curb and Gutter 5 LF $G7/D/LF �/ $ Unit Price in Words: 8.3-B 6" Concrete Driveway 13 SY $,I -)/BY NN $ Unit Price in Words:All$, SP-2 Concrete Saw Cut 20 LF $9I 0 /LF U7 $ Unit Price in Words: / lr( 2.12-D 8" Sanitary Sewer 10 LF $ ,/D�n /LF $ '� Unit Price in Words: j,(` f;�, SP-37 Excavation Protection 30 LF $�"3 /LF $ Unit Price in Words - TOTAL $ Total Price in Words ,,A.1,9 Point Repairs WORK DAYS 2 PER -EA BID NO. 1940 PO NO. BID TABULATION SHEET (Unit Prices Only) QUANTITY UNIT UNIT PRICE TOTAL ITEM DESCRIPTION 2 12-A 10" Sanitary Sewer - LF $ Ln^�LF $ N/A Unit Price in Words ./..� 2 12-B 12" Sanitary Sewer - LF $/ Me/LF $ N/A Unit Price in Words 5/X 41ftaZADW,00 I 'S 2 12-C 15" Sanitary Sewer - LF $ ! /D0p0/LF $ N/A Unit Price in Words: D ( ,/ ac& Doc Li¢s2.5 SP-37 Excavation Protection - LF $ !/LF $ N/A Unit Price in Words: rj�rL L BID SUMMARY 1 Chisholm Trail Sanitary Sewer (Moncayo) a Base Bid - 10" Trenchless Rehabilitation Bid Price $ 7L 073 Work Days 25 b Alternate Bid,l- 15" Trenchless Rehabilitation Bid Price $ Nq ;5/L7 Bid Price (Alternate Items) $ iJo gic) Work Days 30 Work Days (Additional for Alternate Items) 10 2 Houston Place Sanitary Sewer a Base Bid - 10" Trenchless Rehabilitation -7 0 Bid Price $ 29 Work Days 10 b Alternate Bid''- 12" Trenchless Rehabilitation Bid Price $ /VD /30'V Work Days 15 Award of the contract may be based on either the base bids, alternate bids or a combination depending on available funding for each project All work will be awarded to one contractor The "Alternate Items" for the Chisholm Trail sanitary sewer may be awarded if the 15" trenchless rehabilitation is awarded These items would cover expected damage to pavements and structures caused by upsizing the line, however, does not cover damage caused by contractor carelessness Total work days will be the sum of work days for all sections that are awarded Point repairs will not be considered in the award of the bid as it is not known whether any will be required Unit prices are being required in the event that point repairs are necessary B - 2 PERFORMANCE BOND STATE OF TEXAS $ Bond #142427530 COUNTY OF DENTON $ KNOW ALL MEN BY THESE PRESENTS: That INSITUFORM TEXARR, INC. , of the City of CHESTERFIELD County of SAINT IAUIS , and State of MISSOURI as PRINCIPAL, and Continental Casualty Company , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF DENTON as OWNER, in the penal sum of NINETY NINE THOUSAND NINE HUNDRED SEVENTY ONE and 30/100---- Dollars ($ 99,971.30 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 37 day of c, 19_c&, for the construction of BID # 1940 - CHISHOLM TRAIL SANITARY SEWER (MONCAYO) HOUSTON PLACE which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - 1 PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, 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 the plans, specifications, or drawings accompanying the same, shall in any way 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 17 day of September , 19 96 . Insitufo'm Texark, Inc Continental Casualty Company Principal Surety By o ert W Affho Thomas C Ricci, it T le PrPuident Title Attorney -in -Fact Address • 17988 Edison Ave ChPctPrfiPld M0 61005 (SEAL) Address• 1910 Pine St Louis, MO 63103 (SEAL) The name and address of the Resident Agent of Surety 1s: Douglas G Hotchkiss, Hotchkiss & Sons, P 0 Box 819006, Dallas, TX 75381-9006 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D Rev 04/05/96 PB - 2 PAYMENT BOND Bond #142427530 STATE OF TEXAS $ COUNTY OF DENTON $ KNOW ALL MEN BY THESE PRESENTS: That INSITUFORM TEXARR• INC. of the City of CHESTERFIBLD County of SAINT LDUIS , and the State of TEXAS , as principal, and Continental Casualty Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF DENTON , OWN��E11Rpp,in the penal sum of NINETY NINE THOUSAND NINE HUNDRED SEVENTY ONE and30Dollars ($ 99,971.30 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 17 day of SEPTEMBER 19 96 . BID #1940-CHISHOLM TRAIL SANITARY SEWER (MONCAYO) HOUSTON PLACE to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - 3 I Surety, for value received, 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 the plans, specifications, or drawings accompanying the same, shall in any way 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 17 day of September 1996. Address: 17988 Edison Avenue Chesterfield, MO 63005 (SEAL) Continental Casualty Company Surety Thomas C Ricci, r Title Attorney -in -Fact Address: 1910 Pine St Louis, MO 63103 (SEAL) The name and address of the Resident Agent of Surety is: Douglas G Hotchkiss, Hotchkiss & Sons, P 0 Box 819006, Dallas, TX 75381-9006 AAA0184D Rev. 04/05/96 PB — 4 MAINTENANCE BOND Bond #142427530 THE STATE OF TEXAS $ COUNTY OF DENTON $ KNOW ALL MEN BY THESE PRESENTS: That INSITUFORK TEXARK, INC. as Principal, and Continental Casualty Company a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the Sum Of NINE THOUSAND NINE HUNDRED NINETY SEVEN and 13/100-- Dollars ($ 9,997.13 ), ten (10%) percent of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said INSITUFORN TERARK. INC. has this day entered into a written contract with the said City of Denton to build and construct BID # 1940 - CHISHOLM TRAIL SANITARY which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and; WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in MB - 1 accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each days failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and affect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said Insituform Texark, Inc as Contractor and Principal, has caused these presents to be executed by Robert W Affholder and the said Continental Casualty Company as surety, has caused these presents to be executed by its Attorney -in -Fact Thomas C. Ricci, Jr and the said Attorney -in -Fact has hereunto set his hand this 17 day of September , 19 96 SURETY: Continental Casualty / Cott Thomas C Ricci, Jr Attorney -in -Fact COUNTERSIGNED BY DMtotg ,. Douglas G Hotchkiss Hotchkiss & Sons, Dallas, TX AAA0184D Rev. 04/05/96 MB — 2 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 pnncipal offices in the City of Chicago and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make constitute and appoint Kathleen M Hoffard Thomas C Ricca Jr Kathleen A Petchulat Stephen E Ricci Individually their true and lawful Attom undertakings and other ob and to bind them thereby and all the acts of said At This Power of Attome) adopted as indicated, by In Witness Wherec their corporate seals to h 0AatA1�r} �ppPOeATE �j, Z g oU SEAL 1097 State of Illinois County On this 1 M C Vonnahme ,1 that he is a Group \ and AMERICAN CASL knows the seals of eau authority given by the I same to be the act ant 0 101 �I I John M Littler P HARTFORD and Ali above set forth is sti reverse hereof are a this 17 day ( 2A� OAS4��r Z• oU SEAL te97 1 m a � M ✓ H o .y m o A W 9 ✓ O N v 0 � U v W v O X W W V A y G no O ro M W t ✓x a ✓ a N n u N U F T W W H r •C 7 ro ✓ o v ✓ u w G G W N U aXW+ 0. F 0 ✓ W o o C ✓ V ✓ N W U Y M L3 w G" °n.� N O W R ✓ O W H G u F 1 •1 W ✓ W O +� O FOi a .O+ a .W. O . a ✓ 1• � W u ✓ 1.1 / L W vi o ✓ x lu 'WO Jeri w W F a v o O O G N +1 ✓ r N r1 ✓ ✓ W N b N • .r F, ✓ H L1 F O o a vt u v N O W v✓, 9 u •a once ions ireof duly IRD JNSYLVANIA President ame State of Illinois ITFORD he suantto wledges Public vein the RD INSYLVANIA Secretary (Rev 7/14195) Author¢mg 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 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 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 Moe 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 ofthe following By -Law duly adopted by the Board of Directors of the Company Article VI —Execution of Obligations and Appointment of Attomey-in-Fact Section 2 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 attomeys-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 attomey-in Not 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 Attorney -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 Directors 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 A0401:11. CERTIFICATE OF INSURANCE __ X°10/ /996 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Companies ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lockton HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR 1 Cltyplace Drive, Suite 160 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW St Louis, MO 63141 COMPANIES AFFORDING COVERAGE COMPANY A Liberty Mutual Fire Insurance 314-432-0500 NtLIIIIED COMANY Liberty Insurance Corp Insituform Texark, Inc COMPANY 17988 Edison Avenue C Chesterfield, MO 63005 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TYPE OF INSURANCE I LTR MUCT MUCY NUMBER DATE ( MIDD/VE IPOUCY NIMESPIMTION LIMBS GATE p,M,DDNYI DATE IMMIDDNY) i GENERAL UABIUTY I GENERAL AGGREGATE , 2,000,000 A Y�COIMMERCIALGENERALUABILIY RG2-641-004218-036 1 7/01/96 7/01/97 PRDDUCTS COMPIOPAGG t 2,000,000 XIOCCUR Blkt Additional Insured I PERSONAL i ADV INJURY It 1,000,000 ICWMS MADE OWNER S A. CONTRACTOR S PROTi Blkt Waiver of Subro I EACH OCCURRENCE t 1.000000 X; AGG PER PROJECT Broad Form PD/Contracltual FIRE DAMAGE IAA, ..I.,SI t 100,000 X. XCU Independent Contractor MEDEXP(Am ..a .M t 10,000 AUTOMOBILE LIABILITY A LXJANY AUTO AS2-641-004218-026 17/01/96 COMBINED SINGLE LIMIT t 1,000,000 7/01/97 - ALL OWNED AUfoB Blkt Additional Ins urpd BODILY INJURY SCHEDULED AUTOS 1 I L I X HIRED AUTOS BODILY INJURY I f NON-0WNEO AUTOS i I I PROPEIRY DAMAGE $ i I GM E UABIUTY AUTO ONLY EA ACCIDENT S ANY AUTO I I OTHER THAN AUTO ONLY i I I EACH ACCIDENT , j lI i I AGGREGATE S EXCESS U=UTY EACH OCCURRENCE I S AGGREGATE I i FORM f HUMBRELLA OTHER THAN UMBRELLA FORM COMPENSATION AND X STATUTORY UMRS EACH ACCIDENT 111, 000 000 B IWORKERS EMPLOYERS UABIUTY I i THE PROPRIETOR/ IFT INCL I WC7-641-004218-016 7/01/96 7/O1/97 DISEASE PoucYumT I11,000,000 1 DISEASE EACH EMPLOYEE 11.000.000 PARTNERS/EXECUTIVE I Blkt Waiver of Subro OFFICERS ARE. EXCL OTHER I I I I I DESCRIPTION OF OPERATIONBN)CATIONSNE ICLEWSPECIAL RBHS BID NO 1940 - CHISHOLM TRAIL SANITARY SEWER (MONCAYO)HOUSTON PLACE THE CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE LISTED AS ADDITIONAL INSUREDS AND WAIVER OF PRTMARY FOR THE ABOVE LISTED SUBROGATION IS INCLUDED UNDER THE ABOVE POLICIES LIABILITY INSURANCE IS PRC).TF.CT- CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED PDUaES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WIU)M)WUkN MAIL City of Denton 30 DAYS W WTTEN NOTICETO THE CERTIFICATE HOLDER NAMED TO THE LEFT Purchasing Department ii[�GHdiili3bXKY+lfAli343�€XdWWa�i9�XK1lPh�4H4�[�4x41�P14RY 901B Texas Street ya X Denton, Texas 76201 AUTHORIZED REPR TwT,% SS (//(�,//I ACORD 25 S 13/931 ACORD CORPORATION 1933 Il UC-T UJ yt UJ U., I I PRODUCER DATE IMWDONY) 10-3-96 McCollum, Miller & Lovelace 2221 East Lamar Blvd Suite 500 Arlington, TX 76006 _ INBWTED Circle C Construction Co P 0 Box 40328 Ft Worth, TX 76140-0328 COMPANIES AFFORDING COVERAGE _ COMPANY Petrosurance Casualty Co A COMPANY B COMPANY -C- - -- COMPANY D ,..,.. .. ..a •.na.•-. ........ ..,�.. ,,."'' .. , .n r . , I, 1 , I i\i' ' r IT�,t 1 FI \Irony Ih1A , 1 " THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS I - I Tyre OP PBURANCE POLICY NVMOM POLICY tFPtCTW! POLRY lzlgAnCN LIMITS BATS (MMIDDIVY) DATE(MM'WWT) OENrERAL LIABILITY — I GENERAL AGGREGATE IS iiI COMMERCIAL GENERAL LIABILITY PRODUCTS COMP/OP AGO i CLAIMS MADE r _J OCCUR PERSONAL A AOV INJURY I 1 OWNER S E CONTRACTOMS PRO? EACH OCCURRENCE 's I — - I I FIRS DAMAGE IAIIy Pnl Grt) f — MED E%P IAn WP grtonl I t AVTOMOBAE LIABILITY COMSINFO SINGLE LIMIT I i ANY AUTO ALL OWNED AUTOS I SWILYIWURY I f SCHEDULED AUTOS (PF, PANAn) HIRED AUTOS 9DOILY INJURY f NON OWNED AUTOS 1 IPEr AccXNNlI "MOB LIASIUTY I ANY AUTO PROPERTY DAMAGE Is AUTO ONLY EA ACCIDENT S OTHER THAN AUTO ONLY H EACH ACCIDENT f EXCESS LIAPLITY I —�__— a— IFACH OCCURRENCE —1 UMBRELLA FORM AGGREGATE s _ , OTHER THAN UMBRELLA FOAM i L WORKER! COMPENSATION AMP %i TO Y UMI 8 BEM I— A EMPLOYER!LwILITY PWC42-11150691 9-10-96 9-10-97 1 EL EACH ACCIDENT s 500L0w THE ►AOPRIETOIV 7INOL EL DOEABE POLICY LIMB RBIExECVTIVB OFFICE SA�—Um I _ OFFICERS ARE I CL EL OIEFA@! FA EMPLOY@E f J R OTHE^ __ _-- OESOPIPTION Of OPEIIAf[ONWLC"TIONBNBHICUMI/LgAL REM! Project: Bid #1931 - Replace Waterline - Yorkshire, Denton, TX I tMOULD AM/ BE THE ABOVE USECRISSO POLICIES BF OANCBLLEO BBFORS THE � City of Denton FEPRATN/N DATE TNlRlOP THE OWING COMPANY WELL ENDEAVOR TO MAIL 215 E McKinney St 3Q OAYF WRITTEN NOTICE To THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT PMUIRE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIOATWN OR UIMHUTY Denton, TX 76201 AyVFTO rDYD L,/MBF. t 41 � \ \f11A1Y1 .<iyl (1 11{Ill lhr�ll �.l� (1�1 1 ��+�p 'v y, v fr k�*�. fi DATE(MMIDD/YV) COR0M "' v 10/01/96 PRODUCER THIS ONLYANDCERTIFICATEI NFORMATION CONFERS ISSUED RIGHTS UPON THE CERTIFICATE JOHN A MILLER & ASSOCIATES INC HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O BOX 7214 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW FORT WORTH TX 76111-0214 COMPANIES AFFORDING COVERAGE PHONE (817) 8347111 FAX (817) 834-7115 COMPANY A MARYLAND LLOYDS INSURED WILLIAM J 8CHULTZ, INC DBA CIRCLE "C' CONSTRUCTION COMPANY, ET AL COMPANY NORTHERN INSURANCE COMPANY OF NEW YORK 8 P O BOX 40328 FORT WORTH, TX 76140 COMPANY C COMPANY D J' h*, \% .Fl >ez `11713n s�'s w'w3w•. "��3 �c a+ Si''sa>-, 4 w 's`ts�i�Ms`.w.§.w '.3szr,cew THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED B Y 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 CO LTR TYPE OF POLICY NUMBER POLICY EFFECTIVE DATE iMMIDDIYY) POLICY EXPIRATION DATE (MMIDDIVY) LIMITS GENERAL LIABILITY GENERALAGGREGATE $ 2,000,000 PRODUCTS COMPIOPAGG S 2000000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE EK OCCUR EPA 22992722 08/12/96 08/12/97 PERSONAL S ADV INJURY S 1,000,000 OWNER S& CONTRACTORS PROT EACH OCCURRENCE $ 1000000 INCLUDESCG2503 X FIRE DAMAGE (My on. Ne) S 50000 PER PROJECT END MEDEXP(My one perean) & 5000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMB $ 1,000,000 X B ANV AUTO BODILY INJURY (Par Person) = ALL OWNED AUTOS SCHEDULED AUTOS WAA 22992797 08/12/96 OS/12/97 X BODILY INJURY (Per eeclEeM) & HIRED AUTOS NON OWNED AUTOS X PROPERTY DAMAGE $ — GARAGE LIABILITY AUTOONLV EAACCIDENT S OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT S AGGREGATE 1 $ EXCESS LIABILITY EACH OCCURRENCE S 5,000,000 AGGREGATE P 5 000 000 B X UMBRELLA FORM UBA 85873397 08/12/96 08/12/97 S OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND rA' STAMLL OM WLIMTS ER EL EACH ACCIDENT i EMPLOYERS LIABILITY EL DISEASE POLICY LIMIT & l E PROPRIUORI INCL PARTNERVEMCLMVE OFFICERSARE EXCL EL DISEASE EA EMPLOYEE $ OTHER DESCRIPTION 0 PROJECT BID #1831 -REPLACE WATERLINE-YORKSHIRE, DENTON, TX CERTIFICATE HOLDER IT S OFFICIALS AGENTS EMPLOYEES AND VOLUNTEERS 18 (ARE) NAMED AS ADDITIONAL NBURED ON THE GENERAL LIABILITY AUTOMOBILE LIABILITY AND UMBRELLA LIABILITY POLICIES BUT ONLY WITH RESPECT TO WORK DONE ON THIS PROJECT THIS INSURANCE IS PRIMARY TO ANY OTHER INSURANCE AVAILABLE TO THE ADDITIONAL INSURED TTOO CLAIMS COVERED UNDER THESE POLICIES AND APPLIES SEPARATELY TO EACH INSURED �}WITH yRESPECT 3.f�F�ifSllS'.+.kE'iS4EiV4SlEMttF'AQ�?Qw wvw.zSi��c%§Hk Gb'3..'a m�"e"w,bl w, `Yv >kk. .. l.4yv�w` �y.�aS�'o�aa�wx"'TAM �w.YSS��i,R artR$.Ra�.e`.�G�"a \w � > SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE w CITY OF DENTON EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 215 E MCKINNEY ST 30 DAYS WRITTEN NOTICETO THE CERTIFICATE HOLDER NAMED TO THE LEFT DENTON, TX 76201 BUT FAILURE TO LSUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY 0 ON THE COMPANY ITS AGENTS OR REPRESENTATIVES AE�YUTHORIZESENTATIVE jf JS bgg g L. p aria VAUR6 Y S�`a"2 CONTRACT AGREEMENT 6� STATE OF TEXAS S COUNTY OF DENTON S THIS AGREEMENT, made and entered into this 17 day of SEPTEMBER A1,D., 1996 , by and between THE CITY OF DENTON of the County of DENTON and State of Texas, acting through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed "OWNER," and JAGOE PUBLIC COMPANY 3020 FT WORTH DRIVE / P.O. BOX 250 DENTON, TEXAS 76202 of the City of DENTON , County of DENTON and State of TEXAS , hereinafter termed "CONTRACTOR It WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1941 - HOUSTON PLACE SANITARY SEWER AND WATERLINE REPLACEMENT in the amount of $326,141.00 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 matter thereof, and the Specifications therefore, as 01L.19IN explanatory prepared by all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. 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. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the tin, 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 executed this agreement in the year and of these presents have day first above written ATTEST: lezu I ram. CITY OF DENTON • 1 � JAGOE PUBLIC COMPANY CONTRACTOR �1S—�0 lea �v %Q-kei S 7GvzaZ MAILING ADDRESS (9/-7 ) 7>92- z' -I PHONE NUMBER F 1 7 )'38Z- 7%37 .. FAX NBY UMBER r TITLE &V�4C U v_ PRINTED NAME APPROVED AS TO FORM: ZZ (SEAL) C1 AAA0184D Rev. 07/28/94 CA - 3 Bond No. 325233 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS• That JAGOE PUBLIC COMPANY , of the City of DENTON County of DENTON , and State of TEXAS as PRINCIPAL, and SEABOARD SURETY COMPANY , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON as OWNER, in the penal sum of THREE HUNDRED TWENTY SIX THOUSAND ONE HUNDRED FORTY ONE AND 00/100 Dollars ($ 326,141 00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 17 day of SEPTEMBER 19 96 , for the construction of BID # 1941 - HOUSTON PLACE SANITARY SEWER AND WATERLINE REPLACEMENT which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - 1 PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, 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 the plans, specifications, or drawings accompanying the same, shall in $ny way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 4t.h day of October , 19 96. Principal By ,/ n ' Title V /C e-- V'¢ c Address:__ �x2 Q qw !L - (SEAL) SEABOARD SURETY COMPANY Surety Rosemary Weaver Title Attorney -in -Fact Address: Burn . mills Road & Route 206 Bedminster, NJ 07921 (SEAL) The name and address of the Resident Agent of Surety is: Willis Corroon Corporation of Texas 13355 Noel Road, Suite 400, Dallas, Texas 75240-6612 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D Rev. 07/28/94 PB — 2 Bond No. 325233 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC COMPANY of the City of DENTON County of DENTON , and the State of TEXAS as principal, and SEABOARD SURETY COMPANY , authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF DENTON , OWNER in the penal sum of THREE HUNDRED TWENTY SIX THOUSAND ONE HUNDRED FORTY ONE and 00/100 Dollars ($ 326,141 00 for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 17 day of SEPTEMBER 19 96 BID # 1941 - HOUSTON PLACE SANITARY SEWER AND WATERLIrE REPLACEMENT to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - 3 Surety, for value received, 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 the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additibn to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 4th day of October 1996. �� �,r-,, A/SL c � 0�ib417 Principal By Title V cn v c S Address • (SEAL) SEABOARD SURETY COMPANY Surety osemary weaver Title Attorney -in -Fact Address: Burnt Mills Road & Route 206 Bedminster, NJ 07921 (SEAL) The name and address of the Resident Agent of Surety is: Willis Corroon Corporation of Texas AAA0184D Rev 07/28/94 PB - 4 Bond 0. 325233 THE STATE OF TEXAS COUNTY OF DENTON MAINTENANCE BOND S KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC COMPANY as Principal, and QRAgnARD yURFTy a0aRA9Y a corporation authorized to do Surety, do hereby acknowledge pay unto the City of Denton, a of Texas, its successors and Texas, the SUM Of THIRTY TWO THi business in the State of Texas, as themselves to be held and bound to Municipal Corporation of the State assigns, at Denton, Denton County, )USAND SIX HUNDRED FOURTEEN and 10/100 Dollars ($ 32.614 10 ), ten (10%) percent of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said JAGOE PUBLIC COMPANY has this day entered into a written contract with the said City of Denton to build and construct BID # 1941 - HOUSTON PLACE SANITARY SEWER AND WATERLINE REPLACEMENT which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and; WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in MB - 1 accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each days failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or 1n any manner affected from any cause during said time. IN WITNESS WHEREOF, the said Jagoe-Public Company as Contractor and Principal, has caused these presents to be executed by Bill Cheek, Jr and the said Seaboard Surety Company as surety, has caused these presents to be executed by its Attorney -in -Fact Rosemary Weaver and the said Attorney -in -Fact has hereunto set his hand this 4th day of October , 19 96 SURETY: SEABOARD SURETY COMPANY BY: I C-a Rosemary Weaver Attorney -in -Fact AAA0184D Rev 07/28/94 PRINCIPAL: E_ NIB — 2 IMPORTANT NOTICE TO OBTAIN INFORMATION OR KUM A COMPLAINT: YOU MAY CONTACT THE TExAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS AT: 1-800-252-3439 YOU MAY WRITE THE TExAS DEPARTMENT OF INSURANCE: 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 COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY: THIS NOTICE IS FOR INFORMATION ONLY AND DOV-S NOT BECOME A PART OR CONDITION OF THE ATTACHM DOCUMENT. !aellolt � rr wa O r ,aF;GBs , AS ' TNIB 0@R'RWOATB IS ISSUED A8 A MATTER OF INFORMATION ONLY AND FICATBICOCONUMINTOUPN TOCONVO@LRDA@ORE OTNRCACLTCOR r ATHPPORCDEDRTOY THE NAMEY A KINO INSURANCE ' POLICI@B BELOW eeo A 1988' eWb A I COMPANIES AFFORDING COVERAGE Donlon TX 7820&784BLem i COWVKY A no TMVWM bmurwim LLu 9 NEUR® fCOWWNY Jq�"Gpwu6110 CarllponS Ino I LUM C PI O Box = ! � D Donlon TX TS40B THAT THE POLICIES OF INSURANCE LIBTm BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLFCY PERIOD THIS IB TO CERTIFY INDICATED, NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OP ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN, THE INSURANCE ARTORDED BY THE POUCIE9 DESCRIBED HEREIN IS SUBJECT TO ALL THE TEAMS, EJ(CLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN NAY HAVE SEEN REDUCED BY PAID CLAIMS ;0( WJRANW POJDY 141T POUCT wvwp E IPOLIOV BYPMTION NAYxFLEM 0^ ! LMTE TYPE OF DATE MKgWM ETGarAL LRBLT' YLSCP449Ka" 1DTNATB 1OS11ST oSxBW, ASORSUATE is 900000D A ! x I Common GPABTAL LMBRDY r t PROOUC7BCWPNP AOB ,s 1000000 I CLAMS 095 x OCCUR I i FMVKDM NADV aLEIRY i EACH OCCURREN 6 )1 is 100B00H Iddod00 OWN6A8 A CONTRAMS PROT , j RAG DAMAGE OMr ae o4 ra BODED i ' s MPS. wow Wry are Pmra,' BOBD I A AUIOLIC'" LTAG'm YCAPBOBDL4B&4 tOATUSB 1D(IN/47 i LLour BNELS is 10110111110 P x ! ANY AUTO I ALL Om@O ANDS I GODLY KLIRY i is (For peraq SCHEDULED AVrOa I I loll® AUIOG NOOLY awRY ;War aoddena is x ; NON-0YAl50 AUTOS i 1 i GARADS LIANLITY I PROPMOY OAMAOG is i ; A YEYCUP84HIUBRS 10101lOB I 10O11BT 'r U"LffyFORM d i GACH OOMRRBIOG ! is la 1000000 taooDDD tax I�uNGRcuA AGGREGATE TITHER THAN UMNSUA PORN i i i. ! SrANTow umrra ER WORKS OONPO NSVION y@gyB44B1(g8p B 10RI1A1S 101D1N7 EACH ACCIDENT Ya ,ow= A mD DEBBE - POKY LNST iE loom I ewLQv Ta' UAMM ' ! DOM - PALYT GmnmOC is loom OTHER CIMORIP IONpOF OPTCrMIONGAACATygNpSpN®11OPNPGODL EBAS NDU@TINTON ON PLC@R@SANITARY SEWER BID 41991 HOUSTON PLACE SANITARY NEWER CTO CITY OF DENTON 214 E, BCIDNNEY PMOt00 DEMONTX SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EIIPIRADON DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL SO DAYS WRITTEN NOTICE To THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAIWRE TO MAIL SUC14 NOTICE SHALL IMPOSE NO OBLIGATION OR UA811 Y-CIF ANY GIND UPON THE COMPANY, ITEI AGENTS OR REPRESENTATIVES ZOO d OSOT £VZ 08 1 931 ONIA I AM 61 91 (nHI)96,0I- 100 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 AAA00350 REVISED 10/12/94 C'l - 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 cf 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 [XI A General Liability Insurance - General Liability insurance with combined single limits of not less than 1,000,000 shall be provided and maintained by the contractor The policy shall be written on an occurrence basis either In a single policy or In a combination of underlying and umbrella or excess policies If the Commercial General Liability form (ISO Form CG 0001 current edition) is used 9 Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage • Coverage B shall include personal injury • Coverage C, medical payments, is not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures • Broad form contractual liability (preferably by endorsement) covering this contract, personal Injury liability and broad form property damage liability AAA00350 REVISED 10112/94 Cl - 3 Insurance Requirements Page 4 [XI Automobile Liability Insurance - Contractor shall provide Commercial Automobile Liability Insurance with Combined Single Limits (CSL) of not less than 600,000 either in a single policy or in a combination of basic and umbrella or excess policies The policy will Include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract Satisfaction of the above requirement shall be in the form of a policy endorsement for • any auto, or • all owned, hired and non -owned autos [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation Insurance which, in addition to meeting the minimum statutory requirements for Issuance of such Insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as Insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract Coverage shall be on an AAA00350 REVISED 10112/94 CI-4 Insurance Requirements Page 5 "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 () 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 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 () 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 10/12/04 CI - 5 Insurance Requirements Page 6 ATTACHMENT [XI Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A Definitions Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" in §406 096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees This Includes, without limitation, Independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project "Services" Include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project "Services" does not Include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets B The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all employees of the contractor providing services on the project, for the duration of the project AAA00350 REVISED 10/12/94 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 AAA00350 CI - 7 REVISED 10/12/94 Insurance Requirements Page 8 The contractor shall contractually require each person with whom it contracts to provide services on a project, to (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all of its employees providing services on the project, for the duration of the project, (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person with whom It contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project, and 1b) 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 AAA00350 REVISED 10/12/94 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 entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. AAA00350 REVISED 10/12/94 Cl - 9 BID SUMMARY TOTAL BID PRICE IN WORDS 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. 4.0, Aira; ,2.5-Cy Street Address City and State Seal & Authorization (If a Corporation) S!/ZZ e.� -75,9/ Telephone B - 1 Houston Place Sanitary Sewer Replacement WORK DAYS 30 BID NO 19T1— PO NO BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 1 21 Contractors Warranties & - LS $S� BOO ov_ /LS 1 $ Understandings Unit Price in Words 'r- 4r G nc db 0A)e + (1,31 s 2 12-A 6" Sanitary Sewer 35 LF $ 2�6 riG /LF $ ctic, GC Unit Price in Words S n // 2 12-B 8" Sanitary Sewer 562 LF $ 9 LF $]4, Z9?3 w Unit Price in Words T Vv Cr7c{ 2 12-C 10" Sanitary Sewer 745 LF S `lb LO/LF $ 35,,74,CC Unit Price in Words 4 5 Flex Base 6" 21420 SY $ „j L:s /SY $ IA.icc Unit Price in Words 3 1 Preparation of - LS $.lIOLC /LS $ 46GC. Right -of -Way Unit Price in Words 3 12 Temporary Erosion Control - LS $ /, 0,-6O 0 /LS $ /,cwt o Unit Price in Words. 3-A Remove Concrete Pavement 89 SY $ Gi-ugsY $ ,53�ce, Unit Price in Words S U 3-C Remove Concrete Walks & 63 SY $ qu /By Drive Unit Price in Words S i v lCJ� G�- 3 9 Sod 218 SY $ L,GlG/SY $ ( 3fj,S6-0, Unit Price in Words 5 8-A Concrete Pavement 89 SY $ -?t)c U /SY $ Unit Price in Words "FaL�S O P - 3 Houston Place Sanitary Sewer Replacement WORK DAYS 30 BID NO PO NO BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT I UNIT PRICE TOTAL 7 6-A 5' Drop Manhole 3 EA S ,y;000/EA 9/JcC�U�O Unit Price in Words G � i V u 15 7.6-B 5' Manhole 2 EA $))'e0eX EA $ Unit Price in Words U 7 6-C 4' Manhole 1 EA $ (, j pp�!-/EA $ ( ZGC'& Unit Price in Words - t 8 1 Barricade, Warning Signs and Detours - LS $ 1, 6&OC_/LS $� �pU vo Unit Price in Words SK��, 8 3-8 Concrete Driveway 63 SY $ /BY $ / Nouo Unit Price in Words h SP-2 Concrete Saw Cut 340 LF $ LF $ jl oG Unit Price in Words H D SP-8 Abandon Manhole 2 EA $+���u0 /EA $ ''t� Unit Price in Words i SP-10 Rock Excavation 50 CY $ ,5'�u'U /CY $ SCOW Unit Price in Words SP-37 Excavation Protection 1,307 LF $ $ �3V7Gp Unit Price in Words. �� D SP-40-A Cut & Plug Sanitary Sewer 7 EA $ &)0&-'EA $ ..r Cocoa Unit Price in Words SP-46 Misc Sprinkler System Adjustment - LS $ 50Ci S,o /LS $ ..i(ti cXJ Unit Price in Words p - 4 Houston Place Sanitary Sewer Replacement WORK DAYS 30 BID NO --rTTT PO NO BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT I UNIT PRICE TOTAL WS-18-A Sewer Service (Public) 35 EA $ {, C/vUCLO/EA $ 95, uUG� Unit Price in Words eu p WS-18-B Sewer Service (Private) 868 LF $ /X/OO/LF $ I-q 1SzU0 Unit Price in Words / WS-30-A Break Into Existing Manhole 2 EA $ 1y.JG '�V-/EA $ 2Gp °U Unit Price in Words / WS-30-B Break Into Existing Manhole Rebuild Invert 1 EA $ 1)0DU /EA $ ,SS�U OU Unit Price in Words ' SP-43 Asphalt Saw Cut 3381 LF $ /LF 1 $`V Unit Price in Words TOTAL $ 176 7,V� UU Total Price in WordsA. P - 5 Houston Place Waterline Replacement BID TABULATION SHEET WORK DAYS 50 BID NO -1717— PO NO ITHN DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 1 21 Contractors Warranties & Understandings - LS $ -7 LSO/LS $ '7�2 SG�"G Unit Price in Words 6" Waterline 3,221 i LF $ C�-O/LF FD Unit Price in Words 2 12-8 Ductile Iron Fittings 1,040 LB $ /LB $ /04 Unit Price in Words i 2 13 1 6" Gate Valve 7 EA $ /r0OoO/EA $ Unit Price in Words U 2 14 Fire Hydrant 6 EA $ / UU�U/EA $ -1, (,00 Cf� Unit Price in Words 2 16-A Water Service (Public) 35 EA $ �,CJC�/EA $ Unit Price in Words L DD 2 16-B 1 1/2" Water Service 1 EA $ /.-.cU/EA $ /aSU Unit Price in Words r �i J Uo s 2 16-C 2" Water Service 10 EA / $ CSC ew /EA $ J,SUU v� Unit Price in Words 2 16-D Water Service (Private) 180 LF $ /U OU /LF $ Unit Price in Words Preparation/Right-of-Way - LS $ / /CUUOv/LSS $ I,UUV (5�: Unit Price in Words E 3 12 Temporary Erosion Control - LS $ �'00"-0 /LS $ ,JCV GU Unit Price in Words 3-A Remove Concrete Pavement 70 Sy $ j OU /SY I $ Unit Price in Words , ` y.r,l 1), 4 i r , Di, / o//�'� Houston Place Waterline Replacement WORK DAYS 50 BID NO —rFTI PO NO BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3-B Remove Concrete Curb & Gutter 10 LF $ 514-1 /LF $ SCUc Unit Price in Words 3-C Remove Concrete Walks & Drive 11 SY $ 7 ab/SY $ T7 o0 Unit Price in Words 5. , C. 3 9 Sod 280 Sy $ 6q0-/SY $ /&WT Unit Price in Words 5 8-A Concrete Pavement 70 SY $ Unit Price in Words ! �2 8 1 Barricade, Warning Signs and Detours - LS $ Z g&3 00/LS $ Unit Price in Words tW kV Ze- f � � 8 2-A Concrete Curb & Gutter 10 LF /r, o0/LF $ /UO W Unit Price in Words ,$ .. r&-9 ,)0ZZV5 V47 L/t/ 8 3-B Concrete Driveway 11 SY $ j, PO/Sy $ 230 aJ Unit Price in Words - SP-2 Concrete Saw Cut 136 LF $ /7,61�,/LF $ 54�y 'EO Unit Price in Words LV O SP-10 Rock Excavation 50 CY $ 13'L)V/CY $ LSD Unit Price in Words SP-37 Excavation Protection 325 LF $ Unit Price in Words Q1zl SP-39 Project Signs 2 EA $=IAUnit Price in WordsSP-40-B Cut & Plug Existing Waterline 7 EA $ roC/0/EA Unit Price in Words P - 7 Houston Place Waterline Replacement WORK DAYS 50 BID NO —T7TT— PO NO BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL SP-42 Remove Valve Stack 10 EA $ ZO[7U2/EA $ ZOOU� Unit Price in Words /iiD 7 SP-43 Asphalt Saw Cut 5518 LF $ / O /LF $ 5 Spa fX1 Unit Price in Words / S SP-44 Remove Fire Hydrant 3 EA $ //bU (:P/EA $ �ZUOct.) Unit Price in Words �- SP-46 Misc Sprinkler System Adjustment - LS $ 5 ooly/LS $ 5 0c)CO Unit Price in Words i /I TOTAL $ Total Price in Words BID SUMMARY DESCRIPTION WORK DAYS BID PRICE Waterline Relocations 50 $ �55i�J OO Sanitary Sewer Relocations 30 $ 7i18 pC2 TOTAL 80 $ 3z�! �y11 00 The water and sewer portions of this project for bookkeeping purposes only Award of the the total bid. Eighty (80) work days will total project and will not be kept separately B - 2 are being separated bid will be based on be allotted for the for each portion CONTRACT AGREEMENT ('V)d L CI STATE OF TEXAS S���� COUNTY OF DENTON S THIS AGREEMENT, made and entered into this 17 day of SEPTEMBER A. D. , 19 96 , by and between rTTY OF nFNTnN of the County of DENTON and State of Texas, acting through TED BENAVIDES thersunto duly authorized so to do, hereinafter termed "OWNER," and DBR CONSTRUCTION P.O. BOX 828 DENTON, TEXAS 76202 of the City of DENTON , County of DENTON and State of TEXAS , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1942 — COMMUNITY SIDroUU&S — EAST SIDE OF BOLIVAR STREET in the amount of $38.825.00 and all extra work in connection therewith, under the terms as statel 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 explanatcr- 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, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. 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, emg%yyeas, 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 tin, 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 ha, executed this agreement in the year and day, first above written ATTEST: APPROVED AS TO FORM: City Attorney AAA0184D Rev. 07/28/94 CA - 3 CITY OF DENTON i G DBR CONSTRUCTION CON TOR 2 P V1�6Y1 `IlIC u) -w Za Z MAILING ADDRESS � IJ) 3(� 3- 30D7 PHONE NUMBER (611) S(,q(o- ZOO FAX NUMBER� /� BY P (P'J d �f' l�l� TITLE PRINTED NAME (SEAL) TOTAL BID PRICE IN WORD Five Dollars and Fifty Cents BID SUMMARY Thirty Eight Thousand Eight Hundred Twenty 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 DBR Construction Cow4rany, Inc CONTRAC R BY _ Don Richards/President P 0 Box 828 Street Address Denton.TX 76202 _ City and State Seal & Authorization (If a Corporation) 817/383-3007 Telephone B - 1 Community Sidewalks —East Side of Bolivar Street WORK DAYS 17_ BID NO PO NO BID TABULATION SHEET ITEM I DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3-C Remove Walks and Drives 963 SY S 9 00/sY S 8.667 00 Unit Price in Words. Nine Dollars 3 1 Preparation of Right -of -Way -- LS $�1,765 s S 1,765 00 Unit Price in Words Seventeen Hundred Sixty Five Dollars 3 10 7 Hydromulch 460 Sy S 1 00 /sY $ 460 01 Unit Price in Words One Dollar 3 12 Temporary Erosion Control -- LS S 50 00/LS $ 50 00 Unit Price in Words Fifty Dollars 8 i Barricades, Warning Signs and Detours -- LS $ 500 00/Ls $ 500 00 Unit Price in words Five Hundred Dollars 8 3A 4" Concrete Sidewalk w/Fibermesh 634 SY $ 27 00 /SY $17,118 00 Unit Price in Words Twenty Seven Dollars 1 21 Contractors Warranties and Understandings -- LS S1,765 OQ/LS $ 1,765 00 Unit Price in words eventeen Hundred Sixty Five Dollars SP-39 Project Sign 1 EA $ 200 00/EA S 200 00 Unit Price in words Two Hundred Dollars 3-8 Remove Curb and Gutter 63 LF $ 10 00/LF $ 630 0 Unit Price in Words Ten Dollars I 3 3 Unclassified Excavation 10 CY 0/CY �$-10 $ 100 0 Unit Price in Words en Dollars 8 2-A Concrete Curb and Gutter 10 LF $ 10 00/LF $ 100 0 Unit Price in Words: Ten Dollars Community Sidewalks —East Side of Bolivar Street WORK DAYS 15 BID NO --E7T7— PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY I UNIT UNIT PRICE TOTAL SP-2 Concrete Sawcut 634 LF $ 2 00 /LF S 1,268 00 Unit Price in Words: Two Dollars 8 3-8 6" Concrete Sidewalk with Reinforcement (Steel and Fibermesh) 185 SY S 31 50 /SY S 5,827 5 Unit Price in Words Thirty One Dollars and Fifty Cents 3 9 3 P St Augustine Sod 75 SY S 5 00 /Sy $ 375 00 IL Unit Price in Words Five Dollars $ / S Unit Price in Words Total S 38,825 50 Total Price in Words Thirty Eight Fi a Dollars Thousand and Fift Eight Hundred Twenty Cents has! CSUNSET j WE` TWAY _n no u _nl ca O u 7 i IzLzij f-77 UNIVERSITY DR I1 11 (fll 1 THIRD THIRD :NTII GARY u? S ND a ti Q Z > _ mw SAW YY�2 FIPTF-7 I] �� W CONGRESSI I 2 I� > LW PARKWAY p cq zI PEARL Z W Q J ' J o WEST OAK I TEXAS II HANN z WITHERS a a z III Y I Q ESS JL-L PA WAY U N V - GROVE W 7ECOLLEGE r PIRTLE � L F ' Q' SCHMITZ W Q h M_KINNEY a �( a FT pqK I a OAK �I"__-- f 1 r—+ <t .L. TYPICAL DETAIL F13R SIDEWALK AND _18" DRIVEWAY CONNECTIDN .Lr R Y4 Ig" 4SIDEWALK Ig" LX VARIES�CURB v S ER13 6 to I SLDM I -TOP OF CURB � HAVE MIH —, FODT TD ITHE CURB LFLOFCURR }L]P Mom. ORR EET SIDEWALK RAMP bNAILS-CONCRETE or PERFORMANCE BOND Bo LLB F r !.=1V�IuiVi ���1`D CAI,! FINAL_ CONTRACT PRICE STATE OF TEXAS $ BOND NO 711090 COUNTY OF DENTON $ BOND EXECUTED IN FOUR (4) ORIGINALS j(NOW ALL MEN By THESE PRESENTS: That DDR CONSTRUCTION of the City of DSMroN County of DENTON , and State Ofas pRINCIPAY., and CAPITOL INDEMNITY CORPORATION as SURETY, authorized under the laws of the State of Texan to act as tlurety on bonds for principals, are held and firmly bound unto the TM CITY OF DBNTON as owEa, in the penal sum of Elctrr ." er FIVE and no/300-------- _Dollars ($ for the payment whereof, the said principal and surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by thane presents: WHEFZRAs, the Principal has entered into a certain Nrltten contract with the OWNER, dated the 17 day of cvm RxTiRR. , 19 96, for the construction of BID # 1942 - CONMUNI 5IDEi1ALR5 - EA$T SIDE OF BOLIVAR STREET which contract is hereby referred to and made a part hereof as fully and to the same extent as if dopiad at length harain. Now, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully parform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the principal to be observed and perforped, and according to the true intent and meaning of said Contract and the plans and specifications hereto annexed, then this obligation shall be void; otherwise to remain in lull force and effect; PROVIDED, HOWEVER, that this bond is execute Pursuant 2253 Vernon, as provisions of the Texas Government Code, Chap currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if thay were copied at length herein. . PH - 1 surety, for value received, stipulatoe and agrees that n: change, extension of time, alteration or addition to the tsr—..s c: the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the gamut shall in any wa, affect its obligation on this bond, and it does hereby waive nct:aa of any such change, extension of time, alteration or addition t: the terms of the contract, or to the work to be per�or_e_ thereunder. IN WITNESS WHEREOF, the said Principal and Surety have 9igren and sealed this instrument this 25th day of --September 19 96 . DBR CONSTRUCTION CO , INC CAPITOL INDEMNITY CORPORATION principal Surety tle President Address • P 0. Box 828 Denton, Texas 76202 (SEAL) aac are c Title Attorney -in -Fact Address: P o Box 5900 Madison, Wisconsin 53705-0900 (SEAL) The namq and address of the Resident Agent 99 Surety is: V R Damiano, Jr. 177?4 Preston Road, Dallas, TX 75252 NOTE: Date of Bond must not be prior to data of Contract. KW1840 Rev. 07/20/94 P8 2 BOND PREMIUM BASED ON PAYMENT BOND FINAL CONTRACT PRICE STATE OF TEXAS $ BOND No 711090 COUNTY OF DEMON S BOND EXECUTED IN FOUR (4) ORIGINALS KNOW ALL MEN BY THESE PRESENTS: That n7ia CONsTgu Tiow of the City of DENTON County of DENTON , and the State of _. TEXAS as principal, and CAPITOL INDEMNITY CORPORATION authorized under the laws of the State of Texas to act as surety or bonds for principals, are hold and firmly bound unto THE CITY OF DENTOR , OWNM,,� in the penal sum of THIRTY EIGHT THOUSAND RIGHT HUNDRED TwE n PIVR 6 n06'0T1 rs ($ 38.825.00 _) for the payment whereof, the said Principal and Surety bind themselves and their heirs, adminiatrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal hag entered into a certain written, contract with the Owner, dated the 17 day of sRPTF m$a l9 96 HID # 1942 - COMMUNITY SIDEWALKS - EAST SIDE Or BOLIVAR STREET to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE coniTiON of THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and affect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 22S3 (Vernon, as currently amendad), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. Ps - 3 surety, for value received, stipulatep and agrees that no change, extension of time, alteration or addition to the tor=- of the contract, or to the work performed thereunder, or the plans, spec$tiaations, or drawings accompanying the same, shall in any way affect its obligation on thin 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. IN WITNESS WHEREop, the said Principal and Surety have signed and sealed this instrument this 25th day of September 19 96 / Don RidWatds t18 President Addrass: P.0 Box 828 Denton, TX 76202 (SEAL) CAPITOL INDEMNITY CORPORATION Surety a by R. Zacharek Title , Attorney -in -Fact Addr@sa: P 0 Box 5900 Madison, Wisconsin 53705-0900 (SEAT,) The name and address of the Resident Agent of Surety is: V R. Damiano, Jr. 17774 Preston Road, Dallas, Texas 75252 M"194o Rev. 07/28/94 PB - 4 THE STATE OF TEXAS $ BOND NO 711090 COUNTY OF DENTON g BOND EXECUTED IN FOUR (4) ORIGINALS KNOW ATZ MW By TRESS PRESENTS: That DRR MNSTRLIrTTnN as Principal, and CAPITOL INDEMNITY CORPORATION a corporation authorized to do business in the state of Taxas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the State or Texas, its Successors and assigns, at Denton, Denton County, Texas, the BUM Or THREE THOUSAND RTrRT mmmmn PTr_T" . .-A cni,n..__ Dollars ($ 3.8e2.50 �), tan (10%) percent of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEFXAB, said DBR CONSTRUCTION has this day entered into a written ccntract with the said City of Denton to build and construct BID$ 1942 - COMMUNITY sTnEWAT.Vg EAST SIDE OF BOLIVAR STREET which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are tiled with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and; WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a Period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by Said Contractor on constructing the same or on account of improper excavation or backtilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of detective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the city may do said work in M8 - 1 accoraance with said contract and supply such matarials and =Arue the same against the said contractor and its surety on .this obligation, and said Contractor and surety shall be'dubject to twe damages in said contract for each dayos failure on the part of said Contractor to comply With the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair fcr the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WTTN$SS WHEREOF, the said DBR Construction Cc , Inc as Contractor and principal, has caused these presents to be executed by Don Richards, President and the said Capitol Indemnity Corporation as surety, has caused these preaanta to be executed by its Attorney -in -Fact Kathy R Zacharek and the said Attorney -in -Fact has hereunto set his hand this 25th day of September 19 96 SURETY: VTOL INDEMNITY CORPORATION BY:e_z Kathy R ,Zacharek Attorney -in -Fact MA01840 Rev. 07/28/94 PRINCIPAL: DBR CONS RUCTIO O , INC Don Richards President MB - 2 IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. 0. Box 149104 Austin, TX 78714-9104 FAX 1(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 the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document INDEMNITY CORPORATION 4610 UNIVERSITY AVENUE SUITE 1400 MADISON WISCONSIN 53705 0900 PLEASE ADDRESS REPLY TO PO BOX 5900 MADISON WI 53705 0900 PHONE (608) 231 4450 • FAX (608) 231 2029 POWER OF ATTORNEY No 412160 Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having Its principal offices in the City of Madison, Wisconsin, does make, constitute and appoint ----------- V R DAMIANO, JR , JAMES V DAMIANO, SHANE A HUMPHREY- -------------------_--- --------------- CANDACE DAMIANO, KATHY R ZACHAREK, KENNETH ZACHAREK ----------------- its true and lawful Attorney(s) in -fact, to make, execute, seal and deliver for and on Its behalf, as surety, and as Its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of NOT TO EXCEED $5,000,000 00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 5th day of May 1960 RESOLVED that the President and Vice President the Secretary or Treasurer acting Individually or otherwise be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof one or more resident vice presidents assistant secretaries and attorney(s) in fact each appointee to have the powers and duties usual to such offices to the business of this company the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached Any such appointment may be revoked for cause or without cause by any of said officers at any time IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested by its Secretary, this 1st day of June, 1993 Attest Virg,Ime M Schulte Secretary STATE OF WISCONSIN COUNTY OF DANE CAPITOL INDE MNITY CORPORATION ``\`\\,%1Tly�//�i mZCORPORATE a€ Falt, President eu SEAL On the 1 st day of June, A D , 1993, before me personally came George A Fait, to me known, who being by me duly sworn, did depose and say that he resides in the County of Dane State of Wisconsin, that he is the President of CAPITOL INDEMNITY CORPORATION the corporation described in and which executed the above instrument that he knows the seal of the said corporation, that the seal affixed to said instrument is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order \\\\\4\PM1\\\11�IIIIIWIdC//pti G (' STATE OF WISCONSIN ' PETE SL _. E COUNTY OF DANE lia s Peter E Hans Notary Public, Dane Co , WI /i,///////mullllnl\\o\\o° My Commission is Permanent CERTIFICATE I, the undersigned, duly elected to the office stated below now the incumbent in CAPITOL INDEMNITY CORPORATION, a Wisconsin Corporation authorized to make this certificate DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked and furthermore that the Resolution of the Board of Directors, set forth in the Power of Attorney is now it for( -(- Signed and sealed at the City of Madison Dated tha 25th p\p\�\po I,,1//////////U/ OORPORATF _ St AI = C `10 This power is valid only if the power of attorney number printed ui the upper nghl other repiodurlions are not binding on the company Inquires LonGerninq this power of Ofiu r of the r quiol Indr mniiv corporgnnn day of September 19 96 P]el 1 Bic Pr Treasurer hind conwr ippc irs ul u,d Pholoc opios cirhoo copirs of Itio,nt y ni ty bo duo o tf d to iht Hood M m ige i it the Homo FROM: CITV OF DENTON FAX NO 19173837302 10-14-96 03,13P P 02 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 falls 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 tho 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, it so noted • Each policy shall be Issued by a company authorized to do business in the State of Texas with an A M. Beat Company rating of at least _A_ 0 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 AAA00390 RBV106D 10/12104 CI - 1 FROM CITY OF DENTON FAX NO 18173837302 10-14-96 03 13P P 03 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 • Ali policies shall be endorsed to provide thirty(30) 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 It insurance Is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse AAA00350 REVISED IOJ12194 Cl 2 FROM+ CITY OF DENTON FAX NO + 18173837302 10-14-96 03+14P P 04 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 compilance with these additional specifications throughout the duration of the Contract, or longer, it so noted (XI A General Liability Insurance General Liability insurance with combined single limits of not less than _.000.000 shall be provided and maintained by the contractor The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) Is used • Coverage A shall Include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage • Coverage B shall include personal Injury, • Coverage C, medical payments, is not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall Include at least • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground tXCU) exposures • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability, AAM0300 REVISED 10112/04 Cl - 3 FROMS CITY OF DENTON FAX NO 1 18173837302 10-14-96 03314P P 05 Insurance Requirements Page 4 (X) Automobile Liability Insurance - Contractor shall provide Commercial Automobile Liability Insurance with Combined Single Limits (CSL) of not less than 600,000 either In a single pofic,y or In a combination of basic and umbrella or excess policies The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract Satisfaction of the above requirement shall be in the form of a policy endorsement for, • any auto, or • all owned, hired and non -owned autos (X) Workers Compensation Insurance Contractor shalt 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, $10O,O00 per each employee, and a $500,000 policy limit for occupational disease The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, Its officials, agents, employees and volunteers for any work performed for the City by the Named Insured For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406 096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC) ( ) Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability Insurance policy naming the City as insured for property damage and bodily Injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an AAA00310 REVISED 10112104 Cl - 4 FROMs CITY OF DENTON FAX NO s 18173837302 10-14-96 03 14P P 06 Insurance Requirements Page 5 "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 1011"4 Cl - 5 FROMI CITY OF DENTON FRX NO t 18173037302 10-14-96 03:14P P 07 Insurance Requirements Page 6 ATTACHMENT 1 (Xj Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A Definitions, Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement ITWCC-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 I"subcontractor" in 4406.096) - 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 Cooe, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project AAA00360 REVISED M12194 CI - 6 FROMI CITY OF DENTON FR% NO I 18173837302 10-14-96 031I5P P 08 Insurance Requirements Page 7 C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 0. 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 12) 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 Commissior, 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, AAA00360 REVISED 10112104 Cl - 7 FROMs CITY OF DENTON FAX NO 1 18173837302 10-14-96 03115P P 09 Insurance Requirements Page 8 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 01 1(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 it contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project, and (b) a new certificate of coverage showing extension of coverage, prior to the and of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any Person providing services on the project; and AAA00350 REVISED 10114M4 cl - 8 FROM CITY OF DENTON FAX NO + 18173837302 10-14-96 03s15P P 10 Insurance Requirements Page 9 (7) contractually require each person with whom it contracts, to perform as required by paragraphs (t) - (7), with the certificates of coverage to be provided to the person far 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 commrssion's Division of Self-insurance Regulation, Providing false or misleading Information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within tan days after receipt of notice of breach from the governmental entity AAA00300 RFYiEEO W12104 cl - 9 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS DO TYPE OF NSLAANCE POLICY NUMBER POLICY ETECTSB POLICY EXPIRATION LIMITS TR DATE (MMiOD" DATE AWNDMT > GENmAL LNBILJIY CLS329M 06/O m 05/08197 (IMMORAL AGGREGATE 1000000 A ¢t X COMMERCIAL GEIEW. LIABILITY PRODUCTSCOMPAP AGG ' t yt 1000000 o CLAMS MADE X OCCUR PERSONAL LADY NAVR 900000 OM*R% S CONTRACTORS PROF EACH OCCURRENCE t E00000 FINE DAMAGE WN RIM *0) t 90000 _ MED EXPENSE (MY air p~) t o Excluded > B LIABILITY TCAS413709 04117199 04117/97 COMSHM SRNBE $ 1000000 'AUTOMOBILE ANY AUTO LIMIT ' ALL OWNED AUTOS BODILY PLAIRY SCHEDULED AUTOS ?` P~) ' t 6 � X HIRED AUTOS BODILY NARY ' X NONLOYSNED AUTOS (PAR t GARAGE UASILm PROPERTY DAMAGE t BD(CE88 LIABILITY EACH OCCURRENCE t ' UMBRELLA FORA AGGREGATE f ' OTHER THAN UMEtaLA FORM STATUTORY LIMITS y WORKERS COMPENSATION C SBP1007419 02/07/91 02/07/07 EACH ACCIDENT t 900000 AND DISEASE POLICY LIMIT t 500000 EMPLOYERS' LIABILITY r OTIMG DISEASE EACH EMPLOYEE � t 900000 DESORPTION OF OPEUTIONGLOrATIONSNE11ClESIBPECIAL REAR CITY OF DEMON, ITS OFFICIALS AGENTS. EMPLOYEES & VOLUNTEERS ARE SHOWN AS ADDITIONAL INSURED UNDER %k GENERAL LIABILITY : AUTO LIABILITY WORKERS' COMPENSATION POLICY COVERS EXECUTIVE OFFICERS ONLY SUBS SHOULD PROVIDE THEIR OWN WAIVERS. PROJECT- BID •1942-BOUVAR ST COMMUNITY SIDEWALKS __. -..... _.._ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF DENTON MAIL 80 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE PURCHASING DEPARTMENT LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 901 TEXAS STREET LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES DENTON TX 76MI ORDINANCE NO `7 f'' Za:� AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE OR- DER TO THE INTAKE STRUCTURE DREDGING PROJECT, BID NO 1936, AUTHORIZ- ING FINAL PAYMENT TO THE CONTRACTOR AND THE RELEASE OF CLAIMS OF ALL PARTIES, AND PROVIDING AN EFFECTIVE DATE WHEREAS, there has been a dispute between the Contractor, Hydro Pump & Equip- ment, Inc , and the City regarding the final completion of the Intake Structure Dredging Project, Bid No 1936, to uncover a lower intake valve at Lewisville Lake, and WHEREAS, the parties have agreed to settle the matter by the execution of a final de- ductive Change Order, which would reduce the Contract amount by $33,770 00 and provide for a final payment of $20,000 00 to the Contractor, and WHEREAS, the Contractor and Surety have executed the Change Order, releasing all claims against the City, and the Contractor has executed an Affidavit and Final Release, affirm- ing that all final bills have been paid, and WHEREAS, the City deems it in the public interest to authorize the City Manager to exe- cute the attached Change Order to Intake Structure Dredging Project, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute the Change Order to Intake Structure Dredging Project on Bid No 1936 with the Contractor, Hydro Pump & Equip- ment, Inc, and the Surety, Amwest Surety Insurance Company, Bid No 1936, in substantially the form of the attached Change Order, which is made a part of this ordinance as if written word for word herein SECTION II That the City Manager is hereby authorized to make the final payment to the Contractor in the amount set forth in the Change Order SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of r/ 1998 JACI I ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY AP OVED S TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY F \ heredtdepMOBOur Oacumente\Ordinmm\9gRydro pump chnge ceder doc 0, Page 2 CHANGE ORDER TO INTAKE STRUCTURE DREDGING PROJECT CHANGE ORDER NO OWNER CONTRACTOR SURETY BID NO CONTRACT DATE One City of Denton, Texas Hydro Pump & Equipment, Inc Amwest Surety Insurance Company 1936 September 17, 1996 WHEREAS, Owner and Contractor executed an Agreement dated September 17, 1996, relating to Bid No 1936 in the amount of $80,495 00, which secured performance by Surety's Bond No 1287270, and WHEREAS, the Agreement provided that Contractor was to dredge 2,000 cubic yards of material from water intake structure and channel and deposit in lake disposal area, and WHEREAS, a dispute has arisen relating to whether or not the terms of the Agreement have been met, and Owner, Contractor, and Surety desire to settle the dispute subject to the pro- visions set forth herein, NOW, THEREFORE, OWNER, CONTRACTOR, AND SURETY (Parties) agree as follows 1 The Parties agree to make the following changes in this Contract Liquidated Damages Total Amount of this Change Order The Original Contract Sum was Net Change by Previously Authorized Change Orders The Contract Sum Prior to this Change Order was The Contract Sum Decreased by this Change Order The New Contract Sum Including this Change Order will be Amount of Previous Payments Made to Contractor under Contract Final Payment Due Contractor Under this Change Order Credit $33,770 Credit $33,770 $80,495 80,495 (33,770) 46,725 (26,725) $20,000 2 Upon the execution of this Change Order by the duly authorized representatives of the Par- ties, Owner agrees to remit a check to the Contractor, Hydro Pump & Equipment, Inc, in the amount of $20,000 00, in full satisfaction of Owner's responsibilities under the Agreement By its signature hereon, the Surety fully consents to this payment to Contractor 3 That the approximately 1,536 cubic yards of material which has been removed from the lake is found to be satisfactory completion of the intake structure dredging project, and Owner waives any claims it may have to additional liquidated damages 4 That the warranty and guaranty provisions of the NCTCOG Standard Specifications for Pub- lic Works Construction, which were incorporated into Bid No 1936, were honored by Con- tractor and Surety for a period of one year from December 10, 1996, which is the agreed upon date of final completion Contractor and Surety release any and all claims, liens, rights, judgments, demands, or inter- ests they may have now or in the future against Owner for breach of contract or any other le- gal or equitable remedy, including, but not limited to, failure to receive adequate compensa- tion for work performed and all mechanic's and materialman's liens under the Constitution and laws of the State of Texas growing out of Intake Structure Dredging Project Bid No 1936 and this Contract Owner releases Contractor and Surety from and against any and all claims, demands, judgments, or causes of actions that it may have now or in the future in connection with the Intake Structure Dredging Project Bid No 1936, Performance Bond No 1287270 6 All services performed under this Agreement are warranted to be in accordance with the contract documents, including, without limitation, the plans and specifications Contractor and Surety guarantee, in accordance with their respective obligations, that this work will be free from defects to materials and workmanship for a period of one year from the job com- pletion date of December 10, 1996 7 That, prior to Owner's remitting of $20,000 00 to Contractor, Contractor shall provide an af- fidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the work have been paid or otherwise satisfied 8 This Change Order shall extend to and bind the Parties and their successors and assigns 9 To the extent that this Change Order conflicts with terms and provisions of the Agreement between Contractor and Owner, the terms and provisions of this Change Order prevail 10 The unenforceability of any provision of this Change Order shall not affect the validity or enforceability of any other provision hereof 11 This Change Order is not valid until signed by all the Parties By execution hereof, the parties represent that the persons executing this Change Order are fully authorized to bind the respective parties to all the terms and conditions of this Change Order CITY OF DENTON (Owner) By XZ Ted Benavides, City Manager Date signed by Owner Approved as to Form � By / Herbert L Prouty, Cit ttomey Page 2 HYDRO PUMP & EQUIPMENT, INC (Contractor) By N�t� Louis Y ich, resident Date signed by Contractor AMWEST SURETY INSURANCE CO (Surety) Date signed by Surety \\CH LGLWOLPSHARRD\DBPTLOL\Our Dmumenb\Cmumab\98\hydro pump ehange mda dm Corporate Secretary/Witness By ZA'ati+�J Corporate Secretary/Witness By Page 3 CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE STATE OF TEXAS § COUNTY OF HA"-` § BEFORE ME, the undersigned authority, on this day personally appeared L J Yelich, known to me to be a credible person and President of Hydro Pump & Equipment, Inc, (hereunder called "Contractor") and who, being duly sworn, upon his oath declares and acknowledges as follows 1 I am the duly authorized agent for the said Contractor, which has authorized me to make this affidavit, to enter into the agreements, and to grant the lien waivers herein set forth, on its behalf and as its acts and deeds, and all of the facts and recitations herein are true and correct 2 Pursuant to a Contract Agreement dated September 17, 1996, between the City of Denton (the "Owner") and Hydro Pump & Equipment, Inc, Contractor has supplied materials and/or performed labor in connection with the construction of improvements on the construction project known as Intake Structure Dredging Project, Bid No 1936, upon certain property owned by the City of Denton, Texas and located in Denton County 3 Contractor has requested final payment in the amount of twenty thousand dollars ($20,000 00), which constitutes payment in full for any and all materials supplied and/or labor performed in connection with said Contract 4 In consideration of these premises and the receipt of final payment by Contractor from Owner, the sufficiency of which is hereby acknowledged, Contractor hereby waives and releases any and all liens, rights, and interests (whether choate or inchoate and including, without limitation, all mechanic's and matenalman's liens under the Constitution and statutes of the State of Texas) owned, claimed, or held by Contractor in and to the property and improvements, whether now or hereafter thereon, whether real or personal property, and whether or not affixed or severable from the property or from any other portion of the improvements 5 Contractor has actual knowledge that all bills owed by Contractor to others for materials supplied or labor performed in connection with the improvements have been fully paid and satisfied Contractor does further warrant that should any claim or lien be filed for material supplied or labor performed by virtue of Contractor's participation in the construction of said improvements, Contractor will immediately furnish a bond, pursuant to Tex Prop Code §§53 171-53 174, for release of such lien, and obtain settlement of any such liens and furnish the Owner written full release of such liens Should Contractor be unable to obtain such release, Contractor agrees to save, indemnify, protect, and hold harmless Owner, its officers, directors, shareholders, agents, successors, and assigns against any liability for costs and expenses (including attorney's fees) growing out of or arising from or suffered by Owner on account of claims made for items herein represented as being paid and discharged and on which demand may hereinafter be made against Owner, its officers, directors, shareholders, agents, successors, and assigns EXECUTED this 7 t day of CL _, 1998 HYDRO PUMP & EQUIPMENT, INC By rA' L J Ye h, sident SUBSCRIBED AND SWORN TO before me by the said L J Yelich this 7" day of 14PAJL- , 1998 to certify which witness my and hand seal of office Notary Public in and for the StAte of Texas \\CH 1 CLW0Llbhnred\dep1\LCL\0ur DMumenMTon1wW\98%ydm pump ntfidnvit k rdeue d. 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