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HomeMy WebLinkAbout1993-181ORDINANCE NO 93-4F 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 com- petitive 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 receiv- ed and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or im- provempnts 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 con- struction 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 Is Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as be- ing the lowest responsible bids �i7�iil`ufl�7 CONTRACTOR AMOUNT 1521 STEELE-FREEMAN INC $2,347,000 00 1535 SOUTHWEST INDUSTRIAL CONST $ 395,800 00 1541 CIRCLE "C" CONSTRUCTION INC $ 283,757 50 1542 OSCAR RENDA CONTACTING INC $ 577,145 00 ggCTION_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, 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 Propos- als, and documents relating thereto specifying the terms, condi- tions, plans and specifications, standards, quantities and speci- fied 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 here- by 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 im- mediately upon its passage and approva PASSED AND APPROVED this the )I__ day of 1993 CASTLEBERRY, ATTEST JENNIFER WALTERS, CITY SECRETARY DEBRA A AS TO LEGAL FORM DRAYOVITCH, CITY ATTORNEY BY ALI XrXC-� DATE OCTOBER 5, 1993 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID # 1521 - RENOVATIONS OF DENTON MUNICIPAL CENTER RECOMII�ENDATION We recommend this bid be awarded to the lowest bidder, Steele - Freeman Inc for the base bid of $2,280,000 00 plus alternate 1-6 in the amount of $67,000 00 for a total bid award of $2,347,000 00 SUMMARY This bid is for the Phase I Renovations to Denton Municipal Center (DMC) The project involves the relocation of Information Services, Human Resources, Police, Court Clerks and Municipal Judge This project has been presented to Council on several occasions and was the subject of a work session on September 14, 1993 Staff members will be present to discuss any additional questions from Council BACKGROUND Tabulation Sheet, Phase I Construction and Moving Budget Citizens of Denton, Human and Municipal Judge FISCAL IMPACT Revenues for this projects will come from 1986 Bonds, 1993 Certificates of Obligation and Utility Funds Transfers f Reap etf 1 subccnt Lloyd V Harr City Manager A proved Name Z om D Shaw, C P M Title Purchasing Agent agenda 429 ozzsz e/ O .zi O ^ OI Sol y�al O O O OI CT'OON0 jji v x I cv N ., ., I I .., — — -• I"' CDI _ xl S S, 8p1 O81 Spp 8� 8I S8 L7: V) �)I %� SI e� Ot v01� Ni 0� Vj!y LTA fillQ Y Z al N N N � N ppppIN I II > I N7 I I I v a s88�ps a, all 8,a S�sp�spp8og� y 4x � � 7_, I •• n7 n l pp n a lra ��- �++ Q Z S 8 8 8 SI g 8 OI � I xI y cc1ZL. e� i I tV y y pp Q LA p 9 �[ W). w wlr I� la ZZ � 0 Z� �I N N Y1 O N v1� N gyp, e� NI N y N Q� ^ .+MIfn 1Q ^'N ifA W►I Si Q � }'O >1 64,im I z I y Q 0 Q N 0 .�. 0 Cl Z Vi I � c z z 9 a iC _A- 0_ y II88�81$�8 $ 8 8 <x y QSv QI Z Z No; 3�88 _ < - Q 2 � 3 N p ... b., LOE w z x U ' k i S 07 M a Q z Q z • N m a h �o r w ^o" DRAFT CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON TEXAS 76201 i TELEPHONE (817) 566 8200 MEMORANDUM TO Mayor and City Council Members FROM Bruce Henington, Facilities Manager DATE September 8, 1993 SUBJECT Phase I Renovations of Denton Municipal Complex, City Hall and City Hall West On October 5, 1993, Tom Shaw will present the Denton Municipal Complex construction contract to City Council for your approval To ensure that everyone has a complete understanding of the pro3ect, I will present the entire renovation budget and its financing in detail during the work session on September 14, 1993 Tom Shaw will be present to discuss the bids and the selection process John McGrane will be present to discuss the sale of Certificates of Obligation Attachment A, The Phase I Construction and Moving, shows the proposed costs and revenues needed to complete renovation and moving cost for all of Phase I (Phase I was expanded to include the City Hall, City Hall West and Denton Municipal Complex ) The revenues are monies from the 1986 Bonds, the 1993 Certificates of Obligation and Utility Fund transfers All of the figures in this document have been confirmed by the Finance Department The Denton Municipal Complex Budget, Attachment B, shows the pro3ect cost of lust the DMC construction with identified cost savings features These savings allows us to purchase needed police lockers, a evidence file system and to increase the construction contingency fund The remaining funds will be placed in the Space Pro3ect Contingency fund The construction bids received for the Denton Municipal Complex were excellent The three lowest bids are shown on Attachment C page 1 A complete list of bidders is also attached for your reference Attachment C pages 2 and 3 Each bid was broken down into a base bid and seven alternates Attachment D, City Hall Budget, is the proposed budget for City Hall renovations We will begin the final drawings for City Hall when we get construction of DMC underway Then we will present the drawings to City Council for your input and approval Page 2 September 7, 1993 Phase I Renovations The City Hall West Budget, Attachment E, has been placed on hold until we can fund the operations cost in 1993-94 fiscal year budget The Project Contingency Fund, Attachment F, is designated to be held for future funding of unexpected cost for all Phase I renovation projects If you have questions regarding these budgets please contact me at 566-8127 Aw�' 49a, Bru Henington, F` lities Manager 1593 FM AGENDA PHASE I RENOVATIONS OF DENTON MUNICIPAL COMPLEX, CITY HALL AND CITY HALL WEST SEPTEMBER 14, 1993 ATTACHMENT A PHASE I CONSTRUCTION AND MOVING BUDGET ATTACHMENT B DENTON MUNICIPAL COMPLEX BUDGET ATTACHMENT C DENTON MUNICIPAL COMPLEX - Page 1 RENOVATION BID/ALTERNATES #1521 - Pages 2 & 3 ATTACHMENT D CITY HALL BUDGET ATTACHMENT E CITY HALL WEST BUDGET ATTACHMENT F PHASE I PROJECT CONTINGENCY FUND 09/O8/93 1577 FM ATTACHMENT A PHASE I CONSTRUCTION AND MOVING BUDGET September 8 1993 Items Proposed Cost Revenue Cumulative Total Bond Revenues $2 400 000 $2 400 000 Sale of CO s (October 1993) 1 055 000 3 455 000 Utility Transfer For 64 600 3 519 600 Telephone System Utilities Transfer For IS 70 333 3 589 933 Construction 40 89k [DMG] Utility Transfer For HR 38 908 3 628 841 Construction 34 1296 [DMG] Utility Transfer For IS 55 610 3 684 451 Computer Move 40 89% [DMG] Utility Transfer for HR 1 092 3 685 543 Equipment Move 34 1296 (DMG] Utility Transfer for City Hall 0 3 685 543 West Project Utility Transfer for City Hall 63 602 3 749 145 Project Asbestos Removal (FM) ($ 100 000) 3 649 145 Architect Fees ( 59 000) 3 590 145 LECC Construction Only ( 2 129 000) 1 461 145 Telephone System (IS) ( 150 000) 1 311 145 Move LECC Equipment and ( 6 200) 1 304 945 Furniture (HR) IS Construction Only ( 172 000) 1 132 945 - HR Construction Only 114 000) 1 018 945 IS Computer Room Move (IS) ( 136 000) 882 945 Move HR & IS Equipment and ( 3 200) 879 745 Furniture City Hall West ( 209 000) 670 745 Construction and Move City Hall ( 203 000) 467 745 Construction and Move New Roofs for Buildings ( 105 000) 362 745 Furniture/Equipment- ( 362 745) 0 All Phase I Facilities Note Rxpanded Phase I includes the following buildings DMC (19/HR/Police/Court Clerks/Judge) City Hall City Hall West DMG Percentages from David M Griffith study confirmed by Finance Department 1524a FM ATTACHMENT B DENTON MUNICIPAL COMPLEX BUDGET DMC CONSTRUCTION BUDGET • • • Low Base Bid/Alternates 1 - 6 Cost Savings due to Low Bid Cost Savings from Control System $ 21415,000 (2,347,000) 15,149 Cost Savings - Asbestos Removal 29,230 TOTAL COST SAVINGS $ PROJECT ADDITIONS • Police Lockers • Police Evidence File System Hardware • Increase DMC Contingency Fund • Create Phase I Pro]ect Contingency Fund BALANCE DMC CONSTRUCTION BUDGET 112,379 (81 000) (17,000) (25,000) (62, 379) Awl 09/08/93 1577 FM A oa HM 0 ri "Wu1V] 0W'i� UM000 a H H •� H'M�H U H � H A lo ra x x a O c A � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z o �, �, �, �, Ln o H W � N N a O o O 0 O 0 O 0 0 0 O 0 O 0 0 0 0 0 0 0 0 (n O L- Ln r-I fM N CO W co O N N U ` N 0 0 0 0 0 0 0 W O O o O O O O O 0 O 0 O 0 O z co N rn Ln W W H N CO W N Lo H 0a0 a H p 04 w H 0 v� H W W cq O w W H FC P+ 0 Cl) H U) W ri N m W W W W W W Q W O z M \ W OD 0 co \ � cH o H W 0 a a h'1,� Lr W j 'Gj� O N Y1 H M HI 00� H 00 H 00 H O H l� iv1 00 �C i HHM� �pA Y'T'O O S 8SN� 88p1�818 } o � $4 2O6 S� �� i % 8ip8� I � Z �o �o a pp o �O O NIe4 �n v� O ^ it�1 PIP 8A U}L I N N AuLL a 8 818 8 8 8 8 8 y H N H H Ham. N LLIIWI(� 8 8 8 8 S is S y - � 8 � 8�$i88 Z z N h O v1 � Vt C� IV W W A nU N H H H H a N 0 NIO W .L — O� A iO O z> ^ 0 W ^1 V A!ZO N p N w'� 3< M� 8 w OQ co z w � OW m m w AWo Q I W A Ir, z � � a :TI a All � O O O OI O O O 0250 p�� 8 ACT � MII 0�01 VN1i pp BO I I V� 10, � y .z � ^� CT� M er� Vi M� MiQ ••� 8 8 8 8 8 8 8 888'8 H z �5. 8 81 a Q� Ilk, I N a 8 8 8 8 S 8 8 818i�8 y u E! MI o14 W > M H H H H h N r+ 00 M g �. W U A n 00 a � a IQ fi 8 >7 N N C " W ATTACHMENT D CITY HALL BUDGET TOTAL FUNDS AVAILABLE FOR CITY HALL $ 307,418 • 92' C O Building Renovation Funds * (83,452) • Proposed Construction Budget ** (200,000) • Proposed Moving Cost *** (31000) • Furniture/Equipment **** (20,966) TOTAL FUNDS REMAINING 0 * These funds include monies from temporarily deferred maintenance projects as well as savings incurred from good bids on other specific maintenance projects ** Estimated to be bid in March 1995 *** These funds are for move associated with the City Hall building **** These funds are scheduled for conference room furniture and furniture to accommodate City Council 09/08/93 1577 FM ATTACHMENT E CITY HALL WEST BUDGET TOTAL FUNDS AVAILABLE FOR CITY HALL WEST • Proposed Construction Budget * • Proposed Moving Cost ** • Furniture/Equipment *** TOTAL FUNDS REMAINING $ 222,600 (200,000) (9, 000) (13,600) * To be bid in August 1994 ** These funds are for moving Planning and Engineering from City Hall to City Hall West *** These funds are scheduled for necessary furniture for new space in Planning and Engineering operations 09/08/93 1577 FM 0 ATTACHMENT F PHASE I PROJECT CONTINGENCY FUND • PHASE I PROJECT CONTINGENCY FUND M • DMC Budget Surplus • City Hall Budget Surplus • City Hall West Budget Surplus TOTAL FUNDS 09/08/93 1577 FM 62,379 62,379 0 0 $62,379 DATE OCTOBER 5, 1993 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID # 1535 - RESTROOM/CONCESSION BUILDING AND GROUP PICNIC PAVILION RECOMMENDATION Council approve award of Bid #1535 to the low bidder, Southwest Industrial Construction of Denton, Texas, in the amount of $395,800 00 SUMMARY This project includes construction of two major buildings at North Lakes Park A large restroom, concession stand and sun shelter will be located at the softball complex The other construction will involve a large group picnic pavilion at the picnic area for large company picnics, family reunions, and special events Concrete aprons and walkways from the softball complex parking areas are part of this bid BACKGROUND Tabulation Sheet Parks and Recreation and trons FISCAL IMPACT Account Number #465-038-0063-0001-9009 espectfu' y ubm tte loyd Harre City Manager Prepared By Name Melanie Harden Title Buyer Approved Name Tom D Shaw,C P M Title Purchasing Agent agenda 425 § � § � § � § m o z §§§ 8 w w * 5. k k � ca 8 8 / \ K \ ) Z U. k 0' i $ 0 _z� CO § \ ° w � n ° _ FL i m he § ° § 9 e 1 e 1 z w u _ \ \ w § w 2 ) zM§ § � « $ LU u O � % z z 0 § 0 CL E - N n DATE OCTOBER 5, 1993 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID # 1541 - COOPER CREEK 15" SANITARY SEWER RECOMMENDATION We recommend this bid be awarded to the low bidder, Circle "C" Construction, Inc , in the total amount of $283,757 50 SUMMARY This bid is for all materials and labor in constructing a 15" Sanitary Sewer line, approximately 3300 feet, in the Cooper Creek basin adjacent to Churchill Street Nine bid proposals were received in responses to thirty-three invitations to bid mailed to contractors BACKGROUND Tabulation Sheet, PUB Meeting Backup - September 13, 1990 FISCAL IMPACT Capital Improvements Projects Bond funds Account Number #674- 082-RB93-V006-9138 the fund balance is $904,516 68 spect ully s lbtcntt r Lloyd V Harrell City Manager Prepared By Name Demse Harpool Title Senior Buyer Approved �i Name tom D Shaw,C P M Title Purchasing Agent agenda 425 z § w3 � z § � 2 z ■ \=\ Q k i ( o § \Z §LO �0 vu t 2 & 0 k wz ()o $ §u 2 § azZ § i 0 § § ■ kwm ■ mcc E_ co L m m B - �«■ (L § « m §mow w w � o % z z c o (I § m § - k � 0= § \ k} E > 2 A co lou� wa� �# _kZ§ ;tq) �0 § g I 'w � w 0 w�� E m _ �Mm B $ L § } f 0 U) UJ $ % z z § c c C m m 0 �_ September 27, 1993 TO FROM DATE SUBJECT CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD R E Nelson, P E , Executive Director of Utilities September 13, 1993 CONSIDER BID OPENING 1541 FOR CAPITAL PROJECT - COOPER CREEK SANITARY SEWER RECOMMENDATION The Utility Staff and the Engineering & Transportation Department, recommend award of the contract to Circle "C" Construction, Inc , for the amount of $283,757 50 for the construction of the Cooper Creek Sanitary Sewer Line The Cooper Creek Sanitary Sewer Line consist of 2,970 ft of 15" sanitary sewer and 245 ft of 27" sanitary sewer Bids were opened on September 2, 1993 with a total participation of nine (9) bidders Circle "C" Construction, Inc , of Fort Worth, TX was the lowest qualified bidder for the amount of $283,757 50 The bid is approximately $28,757 50 over the project budget and $38,342 50 under the engineers estimate Asphalt patching will be performed by the contractor BACKGROUND The proposed 15" sewer line replaces an existing 1211 concrete sewer line The concrete line has been corroded by sewer gas and has collapsed in several locations The flow from the 12" concrete line is temporarily diverted into the parallel line but is causing backups and surcharging The proposed line is designed to handle future growth in the area The contract also includes some manhole work to the existing parallel 15" sewer which will eliminate some known infiltration and inflow problems Page 2 Bid Opeping 1541 Cooper Creek Sanitary Sewer Line AGENCIEg AFFECTED The Citizens of Denton, Denton Municipal Utilities, and Circle "CIO Construction, Inc FISCAL IMPACT A total of $270,000 is budgeted for construction $180,000 of the budget is bond funded and $90,000 is budgeted out of FY94 revenue The budget overage is proposed to be funded out of the bond account by postponing a sewer line project by one year The project is located in the Cooper Creek basin and has a budgeted amount of $230,000 See Exhibit V (Fund Analysis) for more details Page 3 Bid Opening 1541 Cooper Creek Sanitary Sewer Line Respectfully Submitted R E Nelson, Executive Director of Utilities Prepared by Gerald P Cosgrove, P E Engineering Administrator Approved by Lee K Allison, Director, water Engineering & Operations Exhibits I Location Map II Project Considerations III Bid Summary IV Letter of Recommendation V Fund Analysis VI CIP Detail Sheets VII CIP Detail Sheet of Postponed Project P�r,S � SHERA- %C� 9� OA\ TON PL Pis a 9�` PSL J J W KINGS R0 : LAGUNA STRATFOR SIERRA ,\ ��Q a z z DOVER z z QJ J W U.s oR /4 BRIGHTWOO =Li O EXHIBIT I 1993 REPLACEMENT 15" &21" LINES (COOPER CREEK) DRAWN BY DANIEL BROWN CIP# 93-0491-DOB I DATE 12-08-92 SCALE 1"=800' PROJECT CONSIDERATION COOPER CREEK SANITARY SEWER • ProDect is $ 28,757 50 over the pro]ect budget • The Chisholm Trail sewer line is recommended to be delayed one year, so that there is no impact on rates • The proDect replaces an existing 12" concrete sewer line which is collapsed in several locations • The pro3ect will correct many known infiltration and inflow sources in the area • The pro]ect is designed to provide future capacity to the area EXHIBIT 11 COOPER CREEK SANITARY SEWER BID TABULATION OSCAR RANDA DICKERSON COOPER CREEK SEWER PUBLIC I CONSTRUCTION UNIT TOTAL UNIT ' TOTAL DESCRIPTION QTY UNIT PRICE I PRICE PRICE I PRICE 27' Sanitary Sewer, 245 LF $83 00 $20 335 00 $60 00 $14 700 00 15 SANITARY SEWER 2 970 LF $61 00 $181 17000 $37 50 $111 375 00 1 W SANITARY SEWER 23 LF $32 00 $736 00 $60 00 $1 150001 24 BORE & CASING 106 LF $250 00 1 $26 500 00 $200 00 $21 200001 61 FLEX BASE 216 BY $5 00 1 $1,075 00 $8 00 $1,720 00 SEWER SERVICE 1 EA $300 00 $300 00 $500 00 $500 00 400 LB MH RtNG & COVER 2 EA $300 00 $600 00 $600 00 $1 000 00 REBUILD 5 MANHOLE 2 EA $600 00 $1 20000 $3 000 00 $6 000 00 5 CONC MANHOLE 5 EA $1,500 00 $7,500 00 $4,700 00 $23,500 00 6 CONC MANHOLE 4 EA $1 80000 $7 200 00 $6 000 00 $24 000 001 ABANDON MANHOLE 4 EA $2 000 00 $8 000 00 $5 200 00 $20,800 00 1 REMOVE SANITARY SEWER 3 EA $500 00 $1 50000 $1 00000 $3 000 00 REMOVE CURB & GUTTER 386 LF $5 00 $1 940 00 $40 00 $15 520 00 CONC CURB & GUTTER 10 LF $5 00 $50 00 $20 00 $200 00 CONC CURB & GUTTER 10 LF $30 00 $300 00 $20 00 $200 00 CONC SAW CUT 25 LF $1 00 $25 00 $5 00 $125 00 4" CONC RIP RAP 20 BY $36 00 $700 00 $30 00 $600 00 CONC BLOCK ERROSION SYS 90 BY $30 00 $2 700 00 $40 00 $3 600 00 ASPHALT PATCH TYPE ID' 3 TON $100 00 $300 00 $80 00 $240 00 CONC ENCASEMENT 82 CY $70 00 $5 740 00 $100 00 $8 200 00 HYDROMULCH 6 260 BY $0 30 $1 87500 $2 00 $12 500 00 ROCK EXCAVATION 1 594 CY $3 00 $4 782 00 $30 00 $1 00 $47 820 00 $2 907 00 EXCAVATION PROTECTION 2 907 LF $1 00 $2 907 00 WARRENTIES 1 LS $1 00000 $1 00000 $16 900 00 000 00 $16 900 001 $8 000 00I PREP OF ROW 1 LS $2 000 00 $2 000 00 $8 BARRICADES 1 LS $3 000 00 $3 000 00 $1 000 00 $1 000 001 PROJECT SIGN 2 EA $600 00 $1 000 00 1 $260 00 $600 00 COAT EXISTING MH 2 EA $900 00 $1 800001 $2 000 00 $4 000 00 1 TEMP ERROSION CONTROL 1 LS $2 000 00 $2 000 00 $3 700 00 $3 700 00 TOTAL 288 2235 001 1 $354 951 00 COST PER FOOT .$H9 ur Y l VD OG EXHIBIT III CIRCLE C LARRY JACKSON COOPER CREEK SEWER CONSTRUCTION UNIT TOTAL _CONSTRUCTION UNIT TOTAL DESCRIPTION I QTY UNIT PRICE PRICE i PRICE PRICE 27 Sanitary Sewer 245 LF $72 00 $17 640 00 f $58 00 $14 210 00 1 15 SANITARY SEWER 2 970 LF $48 00 $142 560 00 $43 00 $127 710 00 I W SANITARY SEWER 23 LF I $46 00 I $1 068 00 $34 00 $782 00 24 BORE & CASING 106 LF $175 00 I $18 550 001 $225 00 $23 850 001 W FLEX BASE 215 BY $4 001 $860 00 I $10 00 $2,150 00I SEWER SERVICE i EA $500 00' $500 00 1 $1 00000 $1 000 00 1 400 LB MH RING & COVER 2 EA $250 00 ( $600 00 I $300 00 $600 00 REBUILD 5 MANHOLE 2 EA $3 000 00 $6 000 00 $4 000 00 $8 000 00 5 CONC MANHOLE 5 EA $3,000 OQ $15,000 00 $3 500 00 $17 500 00 6 CONC MANHOLE 4 EA $3 750 00 $15 000 001 $5 000 00 $20 000 001 ABANDON MANHOLE 4 EA $3 000 00 $12 000 00 $3 000 00 $12 000 00I REMOVE SANITARY SEWER 3 EA $500 00 $1 50000 $1 00000 $3 000 00 REMOVE CURB & GUTTER 388 LF $15 00 $5 820 00 $35 00 $13,580 00 CONC CURB & GUTTER 10 LF $5 00 $50 00 $10 00 $100 00 CONC CURB & GUTTER 10 LF $15 00 $150 00 $20 00 $200 00 CONC SAW CUT 25 LF $2 50 $62 50 $5 00 $125 00 4" CONC PJP RAP 20 BY $25 00 $500 00 $50 00 $1 000 00 CONC BLOCK ERROSION SYS 90 SY $60 00 $5 400 00 $100 00 $9 000 00 ASPHALT PATCH TYPED" 3 TON $100 00 $300 00 $120 00 $360 00 CONC ENCASEMENT 82 CY $120 00 $9 840 00 $120 00 $9 84000 HYDROMULCH 6,250 SY $1 60 $9 375 00 ( $2 00 $12 500 00 ROCK EXCAVATION 1 594 CY $2 50 $3 985 001 $10 00 $15 940 00 EXCAVATION PROTECTION 2 907 LF $1 00 $2 907 00 1 $2 00 $5 814 00 WARRENTIES 1 LS $7 200 00 $7 200 00 $7 500 00 $7 500 001 PREP OF ROW 1 LS $1,000 00 $1 000 00 $2500 00 $2500 00 1 BARRICADES 1 LS $1 00000 $1 000 001 $2 500 00 $2 500 001 PROJECT SIGN 2 EA $500 00 $1 000 00 1 $300 00 $600 00 COAT EXISTING MH 2 EA $1 50000 $3 000 001 $1 50000 $3 000 00 , TEMP ERROSION CONTROL 11 LS $1 000 00 $1 000 00 $5 000 00 $5 000 00 TOTAL 283 757 50 320 361 001 COST PER FOOT $87 63 S96 94 COOPER CREEK SEWER E L DALTON RHODE CONSTRUCTION CONSTRUCTION UNIT li TOTAL I UNIT TOTAL DESCRIPTION QTY UNIT PRICE PRICE PRICE PRICE 27' Sanitary Sewer 245 LF $65 00 $15 925 00 $98 44 $24 117 80 15' SANITARY SEWER 2 970 LF $36 00 $106 920 00 $76 18 $226 254 60 W SANITARY SEINER 23 LF $78 00 $1 79400 $46 32 � $1 065 36 24 BORE & CASING 106 LF $375 00 $39 750 00 $144 13 $15 277 781 S' FLEX BASE 215 BY $20 00 $4,300 00 $15 44 $3,319 60 SEWER SERVICE 1 EA $1 46500 $1 46500 $1 85314 $1 853 14 400 LB MH RING & COVER 2 EA $140 00 $280 00 $614 76 $1,029 62 REBUILD 5 MANHOLE 2 EA $8 125 00 $16 250 00 $2 573 18 $5 146 36 6 CONC MANHOLE 5 EA $5,300 00 $26,500 00 $3,603 34 $18,018 70 6 CONC MANHOLE 4 EA $7 500 00 $30 000 00 $4 324 01 $17 296 04 ABANDON MANHOLE 4 EA $5,600 00 $23,200 00 $5,147 63 I $20 590 52 REMOVE SANITARY SEWER 3 EA $1 20000 $3 600 00 $1 25343 $3 760 29 REMOVE CURB 4 GUTTER 388 LF $13 00 $5,044 00 $10 29 $3 992 52 CONC CURB & GUTTER 10 LF $6 00 $60 00 $2 06 $20 60 CONC CURB & GUTTER 10 LF $10 00 $100 00 $22 65 $226 50 CONC SAW CUT 25 LF $1 60 $40 00 $1 54 $38 50 4' CONC RIP RAP 20 Sy $36 00 $700 00 $36 03 $720 60 CONC BLOCK ERROSION SYS 90 BY $129 00 $11 61000 $25 73 $2 315 70 ASPHALT PATCH TYPE "D' 3 TON $60 00 $180 00 $66 91 $200 73 CONC ENCASEMENT 82 CY $55 00 $4 510 00 $113 24 $9 285 68 HYDROMULCH 6 250 SY $0 80 $5 000 00 $0 73 $4 562 50 ROCK EXCAVATION 1 594 CY $2 50 $3 985 00 $10 28 $16 386 32 EXCAVATION PROTECTION 2 907 LF $2 00 $5 814 00 $3 09 $8 982 63 WARRENTIES 1 LS $6 573 00 $6 573 00 $7 923 38 $7 923 38 PREP OF ROW 1 LS $7 500 00 $7 600 00 $3,675 00 4 $3 675 00 BARRICADES 1 LS $2 850 00 $2 850 00 $2 465 40 1 $2 465 40 PROJECT SIGN 2 EA $500 00 $1 000 00 $840 00 I $1 680 00 COAT EXISTING MH 2 EA $1 60000 $3 200 00 $840 00 $1 68000 TEMP ERROSION CONTROL 1 LS $1 225 00 $1 22500 $1 871 10 $1 871 10 TOTAL i $329 375 00 403 754 871 COST PER FOOT $101 72 $114 WO JAGOE PUBLIC PATE BROS COOPER CREEK SEWER CONSTRUCTION CONSTRUCTION UNIT TOTAL UNIT TOTAL DESCRIPTION QTY UNIT PRICE PRICE PRICE PRICE 27' Sanitary Sewer 245 LF 1 $90 00 1 $22 050 00 $107 15 _ $26 251 751 I 15 SANITARY SEWER 2 970 LF $31 001 $92 070 00 $75 53 $224 324 10 1 6" SANITARY SEWER 23 LF $25 00 $575 00 $69 77 I $1 604 71 24 BORE & CASING 106 LF $210 00 $22 260 00 $382 81 1 $40 577 86 6" FLEX BASE 216 BY $10 40 $2,236 00 $8 27 I $1,778 05 SEWER SERVICE 1 EA $900 00 $900 00 $850 68 I $850 68 400 LB MH RING & COVER 2 EA $200 00 $400 00 $280 51 $561 02 REBUILD 5 LE 5 CONC MANHOLE6 EA ` $3,300 00 $16,500 00 I $2 166 46 $10 832 30 6 CONC MANHOLE 4 EA I $4 000 00 $16 000 001 $2 822 96 $11 291 84 ABANDON MANHOLE 4 EA I $4 000 00 ` $16 000 00 I $2 584 23 $10 336 92 REMOVE SANITARY SEWER 3 EA $1 60000 $4 800 00 $716 18 $2 148 54 REMOVE CURB & GUTTER 388 LF $20 00 $7 760 00 $25 07 $9 72716 CONC CURB & GUTTER 10 LF $10 00 $100 00 $3 58 $35 80 CONC CURB & GUTTER 10 Lf $20 00 $200 00 $69 68 $596 80 CONC SAW CUT 25 LF $4 00 $100 00 $2 39 $59 75 4` CONC RIP RAP 20 BY $40 00 $800 00 W 27 $1 106 40 CONC BLOCK ERROSION SYS 90 SY $30 00 $2 700 00 $47 75 $4 297 50 ASPHALT PATCH 'TYPE'D' 3 TON $125 00 $375 00 $477 46 $1 432 38 CONC ENCASEMENT 82 CY $70 00 $5 740 00 $107 43 $8 809 26 HYDROMULCH 6 250 BY $3 00 $18 750 00 $0 39 $2 437 50 ROCK EXCAVATION 1 594 CY $22 00 $35 068 00 $1 20 $1 91280 EXCAVATION PROTECTION 2 907 LF $1 00 $2 907 00 $0 60 $1 744 20 WARRENTIES 1 LS $14 680 00 $14 680 00 $119 36 $119 36 PREP OF ROW 1 LS $6,500 00 4 $6 500 00 $1 79046 $1 79046 BARRICADES 1 LS $600 00 1 $600 00 $1 79046$1 790461 PROJECT SIGN 2 EA $300 00 $6D0 00 $417 77 $836 54 COAT EXISTING MH 2 EA $1 300 00 $2 600 00 $895 23 $1 790 46 TEMP ERROSION CONTROL 1 LS $9 000 00 $9 000 00 $1,790461 $1 790 46 TOTAL 308 271 001 $376 801 26 COST PER FOOT $95 20 $116 37 VENUS AVERAGE COOPER CREEK SEWER CONSTRUCTION COST UNIT TOTAL UNIT TOTAL DESCRIPTION QTY UNIT PRICE PRICE PRICE PRICE 27" Sanitary SeweK 246 LF 07231 $18 921 35 $78 98 $19 350 10 15 SANITARY SEWER 2 970 LF $49 82 I $147 965 40 $50 89 1 $151 14990 6' SANITARY SEWER 23 LF $75 00 1 $1,725 00 $50 68 $1 16556 24 BORE & CASING 106 LF $282 75 1 $29 971 50 $249 41 $26 437 46 6" FLEX BASE 216 BY $5 00 $1,076 00 I $9 57 $2 067 07 SEWER SERVICE 1 EA $350 00 $350 00 $857 65 $857 65 400 LB MH RING & COVER 2 EA $225 00 $460 00 $301 14 $602 28 REBUILD 5 MANHOLE 2 EA $3 500 00 $7 000 00 $3 420 25 $6 840 51 5 CONC MANHOLE 5 EA $3,669 00 $18 295 00 $3,414 31 $17 071 56 6 CONC MANHOLE 4 EA $4 439 00 $17 756 00 $4 404 00 $17 615 99 ABANDON MANHOLE 4 EA $4,094 00 $16 376 00 $3,869 54 $15,478 16 REMOVE SANITARY SEWER 3 EA $300 00 $900 00 $896 62 $2 689 87 REMOVE CURB A GUTTER 388 LF $10 00 $3,880 00 $19 26 $7 473 74 CONC CURB & GUTTER 10 LF $5 00 $50 00 $7 40 $74 04 CONC CURB & GUTTER 10 LF $46 00 $450 00 $26 93 $269 26 CONC SAW CUT 25 LF $2 50 $62 50 $2 84 $70 92 4" CONC RIP RAP 20 BY $47 00 $940 00 $3920 $78511 CONC BLOCK ERROSION SYS 90 BY $45 00 $4 050 00 $56 39 $5 074 80 ASPHALT PATCH TYPE "D' 3 TON $45 00 $135 00 $130 49 $391 46 CONC ENCASEMENT 82 CY $125 00 $10 250 00 $97 85 $8 023 88 HYDROMULCH 6,250 BY $1 00 $6 260 00 $1 30 $8 138 89 ROCK EXCAVATION 1 594 CY $1 25 $1 99250 $9 19 $14 652 40 EXCAVATION PROTECTION 2 907 LF $1 00 $2 907 00 $1 41 $4 098 87 WARRENTIES 1 LS $9 052 00 $9 052 00 $7 883 08 $7 883 08 PREP OF ROW 1 LS $2,500 00 $2 600 00 $3 940 61 $3 940 61 BARRICADES 1 LS $1 00000 $1 00000 $1 80065 $1 80065 PROJECT SIGN 2 EA $250 00 $500 00 $428 64 $857 28 COAT EXISTING MH 2 EA $2 250 00 $4 500 00 $1 420 58 $2 841 16 TEMP ERROSION CONTROL 1 LS $i 500 00 $1 500 00 $3 009 62 $3 009 62 TOTAL 310 804 25 330 701 88 COST PER FOOT $95 99 4,1w I CITY Of DENTON, TEXAS MUNICIPAL BUILDING / 215 E McKINNEY / DENTON TEXAS 76201 MEMORANDUM DATE September 7, 1993 TO Glen Gary, Engineering Associate FROM David Salmon, P E Senior Civil Engineer SUBJECT Bid recommendation for Cooper Creek Sanitary Sewer Bids were opened for the sub3ect utility pro3ect on September 2, 1993 Circle C Construction of Fort Worth Texas was the low bidder at $283,757 50 Our estimate was $322,000 Circle C has completed utility pro3ects for the City of Denton successfully in the past Therefore, we recommend that the Cooper Creek Sanitary Sewer pro3ect be awarded to Circle C David Salmon AEE002AB 81715668200 D/FW METRO 434 2529 EXHIBIT IV COOPER CREEK SANITARY SEWER FUND ANALYSIS POSTPONED PROJECT CHISHOLM TRAIL ALLOCATED FOR UNIVERSITY SEWER AVAILABLE FOR USE ON COOPER CREEK TOTAL WITH POSTPONED PROJECT $230,000 00 ($140,515 50) $89,484 50 $359,484 50 ACTUAL/ $298,757 50 NOVERUUNDER BUDGET $60,727 00 EXHIBIT V 1993 CAPITAL IMPROVEMENT PROJECT # 93-0471 D06 PROJ TITLE REPL SEWERLINE COOPER CREEK ESTIMATED COST $270 (x 1000) EVALUATION SCORE 71 GROUP ASSIGNMENT 5 DESCRIPTION Replace Cooper Creek from Sherman to approximately 1000 FT west of Nottingham with 15" and _1 PURPOSE Existing line is deteriorated and has been abandoned Replacement necessary to increase capacity COST CALCULATION 1993 Construction $270 000 FUNDING REQUIREMENTS CASH FLOWS/ENCUMBERANCES (In Dollars x 1000) ENC EXP ENC EXP ENC EXP ENC EXP ENO EXP 1993 0 N D J A M J 180 45 J 1994 0 90 45 N 45 D J A M J J 1995 O N D J A M J J ENCUMBERANCES BOND REV AIC OTHER TOTAL TOTAL 1ST YR $180 $0 to $0 $180 TOTAL 2ND YR $0 $90 $0 $0 $90 TOTAL 3RD YR $0 $0 $0 $0 $0 GRAND TOTAL $180 $90 $0 $0 $270 ENCUMBERANCE DATES Encumbered as spent PHASE DATE AMOUNT General Purchase Engineering Design Inspection 6/93 $15 Construction 6/93 $255 Miscellaneous ENCUMBERANCE TOTAL $270 COMMENTS This is a multiyear project beginning in1993 Encumberances Prior to 1993 Current CIP Total Project Budget ENC EXP F M 45 A 45 S 45 F M A S F M A S CASH EXPENDITURES BOND REV AIC OTHER TOTAL $180 $0 $0 $0 $180 $0 $90 $0 $0 $90 $0 $0 $0 $0 $0 $180 $90 $0 $0 $270 $ 0 $270 000 $270 000 3/2192 8 47 Pa EXHIBIT VI 1994 CAPITAL IMPROVEMENT PROJECT # 94-0471 E 1( PROJ TITLE (1) (1993) UPGRADE INTERCEPTOR ESTIMATED COST $650 (x 1000) GROUP ASSIGNMENT DESCRIPTION 4 I U I AL 9 580 $650 000 PURPOSE To increase capacity of the interceptor and prevent sewage backup into the surrounding area (COST Design Estimate $ 55 000 CALCULATION Construction Estimate $595 000 FUNDING REQUIREMENTS CASH FLOWS/ENCUMBERANCES (In Dollars x 1000) ENC EXP END EXP ENC EXP ENO EXP ENC EXP ENC EXP 1994 O N D 270 135 J F M 135 A M J 325 160 J A S 165 1995 0 N D A M J 1996 0 N D J A M J J ENCUMBERANCES BOND REV AIC OTHER TOTAL TOTAL 1 ST YR $595 $0 $0 $0 $595 TOTAL2ND YR $0 $0 $0 $0 $0 TOTAL 3RD YR $0 $0 $0 $0 $0 GRAND TOTAL $595 $0 $0 $0 $595 ENCUMBERANCE DATES Encumbered as spent PHASE DATE AMOUNT OBJECT# General Purchase Engineering Design 3/93 $55 8560/8563 (inspection 3/94 $40 8562 (Construction 3/94 $565 9138 Miscellaneous ENCUMBERANCE TOTAL $650 COMMENTS This is a multiyear project beginning in 1993 Encumberances Prior to 1994 Current CIP Total Project Budget F M A S F M A S CASH EXPENDITURES BOND REV AIC OTHER TOTAL $595 $0 $0 $0 $595 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $595 $0 $0 $0 $595 $ 55 000 $595 000 $650 000 3/15/93 13 33 p„ EXHIBIT VII DATE OCTOBER 5, 1993 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID # 1542 - UNIVERSITY DRIVE SANITARY SEWER RECOMMENDATION We recommend this bid be awarded to the low bidder, Oscar Renda Contacting, Inc in the total amount of $577,145 00 SUMMARY This bid is for all materials and labor involved in the construction of approximately 9000 feet of sanitary sewer in the area of University Drive and Malone Street Nine bid proposals were received in response to thirty three invitations to bid mailed to contractors BACKGROUND Tabulation Sheet, PUB Meeting Backup - September 13, 1993 FISCAL IMPACT Budgeted Capital Improvement Project funds for 1992 and 1994 sewer line upgrade Account Number 674-082-RB93-V102-9138 the fund balance is $904,516 68 "eubm/itteel City Manager Prepared By Name Denise Harpool Title Senior Buyer Approved �1�®- Name Tom'D Shaw,C P M Title Purchasing Agent agenda 427 z o �k �S w U _0—o LU) w0 j Kkmw § Qe Uz U) m �k� 2 K §� � 2 �2� mS ■ ■ z U U) ° 0 0 ��7 § 0 \k $ § k)� § 8 § w S § ° ° § 8LU § §�� \ cc8 S o $ ■ qw§ qwM g LU w § w >.E 7 Lkw § §ku 2 t4c( z o OCOW ��§ L LU 8 a % @ z z � % z z CL m m - m m September 27, 1993 TO CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD FROM R E Nelson, P E , Executive Director of Utilities DATE September 13, 1993 SUBJECT, CONSIDER BID OPENING 1542 FOR CAPITAL IMPROVE1ENTS PROJECT - UNIVERSITY DRIVE SANITARY SEWER RELIEF LINE RECOMMENDATION The Utility Staff and the Engineering & Transportation Department recommend award of the contract to Oscar Renda Contracting, Inc , for the amount of $577,145 00, for the construction of the University Drive Sanitary sewer relief line SUMMARY The University Drive Sanitary Sewer Project consist of approximately 8,010 ft of 15" sanitary sewer and 909 ft of 21" sanitary sewer Bids were opened on September 2, 1993 with a total participation of nine (9) bidders Oscar Renda Contracting, Inc , of Roanoke, TX, was the lowest qualified bidder for the amount of $577,145 00 The bid is approximately $ 140,515 50 over the construction budget, including the estimate charge for asphalt The bid does not include asphalt patching The Engineering and Transportation Department will perform this service for $2 00 per square foot of asphalt patch The area to be patched will be determined after the contractor has completed his work The estimate for patching is 21,450 square foot for $42,900 00 Page 2 Bid Opening 1542 University Dr Sanitary Line BACKGROUND The University sewer line was identified for replacement by the 1985 Freese & Nichols Master Plan and services the area north and west of University Drive and Malone, including Exposition Mills This entire area is serviced by a 10" sanitary sewer line The line has exceeded capacity for several years and has been in the CIP since 1991 Surcharging occurs daily, and overflows are common during rainfall events The proposed line is necessary to support the current development and needs to be complete before any more development can occur on the east side of I-35 north of University Drive along University Drive itself The proposed line has enough capacity to handle the normal development of the area and has also been designed deeper than originally planned in order to accommodate an interception along Bonnie Brae, which would eliminate the Barrow Lift Station The line was scheduled to be built in the summer of 1992 The project has been delayed due to difficulties in obtaining easements A portion of the line had to be rerouted and redesigned due to difficulties in obtaining easements from Hunt Petroleum Company along Emery Street AGENCIES AFFECTED The Citizens of Denton, Denton Municipal Utilities, and Oscar Renda Contracting, Inc FISCAL IMPACT $440,000 00 is budgeted in bond funds for the FY92 CIP for construction of University Drive sanitary sewer Construction of FY94 sewer line upgrade in the Chisolm Trail area for a budgeted amount of $230,000, is recommended to be postponed one year in order to compensate for the budget overage for this project and the Cooper Creek project The proDects to be postponed are in the Cooper Creek basin See Exhibit V (Fund Analysis) for more detail Page 3 i Bid Opening 1542 University Dr Sanitary Line Respectfully Submitted R E Nelson, Executive Director of Utilities Prepared by Gerald P Cosgrove, P E Engineering Administrator Approved by Lee K Allison, Director, Water Engineering & Operations Exhibits I Location Map II Project Considerations III Bid Summary IV Letter of Recommendation V Fund Analysis VI CIP Detail Sheets VII CIP Detail Sheet of Postponed Project LOCATION MAP - -- - PROJECT LOCATION EXHIBIT I ,J \ N � CITY OF DENTON TEXAS WATER/WASTEWATER ENSINEERIN6 PROJECT CONSIDERATION • Project is $140,515 00 over Budget • One Project is recommended to be delayed one year so that there is no effect on the rates • This project is necessary before any further development of the area north and east of the intersection of Malone and University can take place This includes the area around Exposition Mills • The existing 10" line is overloaded and overflows during wet weather periods • The project is designed to provide future capacity to the area 1GG082 WP EXHIBIT 11 CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E McKINNEY / DENTON TEXAS 76201 MEMORANDUM DATE September 8, 1993 TO Glen Gary, Engineering Associate FROM David Salmon, Senior Civil Engineer SUBJECT University Drive Sanitary Sewer Bid Recommendation Bids were opened for the subject project on September 2, 1993 Oscar Renda Contracting, Incorporated of Roanoke was the low bidder at $577,145 00 Our estimate was $784,000 00 The mean of all bids received was approximately $790,000 As Oscar Renda Contracting, Incorporated has not previously worked on a public utility project in Denton, we called on several references including the Cities of Carrollton, Farmers Branch, and Dallas In most cases, Oscar Renda finished the jobs early with minimal change orders All work met standards Personnel were professional and easy to work with In light of our findings, we recommend Oscar Renda Contracting, Incorporated be awarded the bid for University Drive Sanitary Sewer David Salmon AEE002AB 8171566 8200 D/FW METRO 434 2529 EXHIBIT III UNIVERSITY SANITARY SEWER BID TABULATION OSCAR RANDA DICKERSON UNIVERSITY SEWER PUBLIC CONSTRUCTION UNIT TOTAL UNIT TOTAL DESCRIPTION QTY UNIT PRICE PRICE PRICE PRICE 21' Sanitary Sewer LF $0 00 $0 00 0 —6 deep 470 LF $48 00 $22 560 00 $37 85 $17 789 50 6 --8 DEEP 340 LF $48 00 $16 320 00 $42 88 $14,879 20 8 —10 PEEP 99 LF $48 00 1 $4 752 00 $47 85 $4 737 15 16' SANITARY SEWER LF ( $0 00 $0 00 0 —6 deep 0 LF $0 00 , $0 00 1 $0 00 6'-8' DEEP 11100 LF $42 00 ( $46,200 00 I $46 50 $51,1So 00 8 —10 DEEP 3 349 LF $42 00 1 $140 658 00 1 $50 00 $167 450 00 10'-12' DEEP 1 411 LF $44 00 f $62,084 00 1 $55 00 $77,605 00 12 —14 I DEEP 1 160 LF $44 00 1 $51 040 001 $65 00 $75 400 00 14 —16 DEEP 380 LF $48 00 1 $18,240 00 $75 00 $28 500 00 16 —181 DEEP 380 LF $48 00 I $18 240 00 $85 00 $32 300 00 18'-20' DEEP 230 LF $52 00 f $11 960 00 $100 0o $23 000 00 8 SANITARY SEWER 78 LF $46 00 $3 588 00 $60 00 $4 680 00 24' CASING DUCTILE IRON 18 LF $60 00 $900 00 $60 00 $1,080 00 27' BORE & CASING 100 LF $200 00 $20 000 00 $200 00 $20 000 00 18' BORE &CASING 96 LF 200 $19 200 00 150 $14 400 00 REMOVE SANITARY SEWER 14 LF $100 00 $1 400 00 $60 00 $840 00 SEWER SERVICE 1 EA $200 00 $200 00 $500 00 $500 00 5 MANHOLE 23 EA $1 200 00 $27 600 00 $4 350 00 $100 050 00 6' DROP MANHOLE 8 EA $1,600 00 $12,800 00 $5,000 00 $40 000 00 BREAK INTO EXISTING MH 2 EA $1 00000 $2 000 00 $500 00 $1 00000 ABANDON MANHOLE 1 LS $500 00 $500 00 $1 500 00 $1,500 00 REMOVE CURB AND GUTTER 48 CY $3 00 $144 00 $10 00 $480 00 REMOVE CONCRETE PAVING 670 LS $4 00 $2,680 00 $10 00 $6 700 00 REMOVE CONC WALKS &DRIVES 18 BY $10 00 1 $180 00 $10 00 $180 00 1 CONCRETE CURE & GUTTER 48 $Y $10 00 $480 00 $20 00 $960 00 6 CONC PAVING 670 BY $30 00 $20 100 00 $40 00 $26 800 00 CONC SIDEWALK 18 BY $25 00 $450 00 $30 00 $540 00 CONC SAW CUT 2013 LF $2 00 $4 026 00 $3 00 $6 039 00 ASPHALT SAW CLOT 81532 LF $1 00 $8 632 00 $1 50 $12 796 00 LOWER WATER LINES 1 EA $1,200 00 $1,200 00 $4,500 00 $4,500 00 10 X4 JBOX 1 EA $4 000 00 $4 000 00 $5 500 00 $5 500 00 EXCAVATION PROTECTION 8,236 LF $1 00 $8,236 00 $100 $8,236 00 ROW PREP 1 LS $8 000 00 $8 000 00 $5 000 00 $5 000 00 TEMP EROSION CONTROL 1 LS $3,000 00 $3,000 00 $1,000 00 $11000 00 PROJECT SIGN 2 EA $500 00 $1 00000 $250 00 $500 00 ROCK EXCAVATION 9,625 LF $3 00 $28,875 00 $10 00 $96,250 00 WARRANTIES 1 LS $1 00000 $1 000 001 $42 000 00 $42 000 001 BARRICADES 1 LS $5 000 00 S 000001 $7 000 00 $7 000 00 TOTAL 577 145 00 901 043 85 COSTPERFOOT $64 15 $100 15 EXHIBIT IV CIRCLE C LARRY JACKSON UNIVERSITY SEWER CONSTRUCTION CONSTRUCTION UNIT TOTAL UNIT TOTAL DESCRIPTION QTY UNIT PRICE PRICE PRICE PRICE 21' Sanitary Sewer LF $0 00 $0 00 0 —6 deep 470 LF $56 001 $26 320 00 $32 00 1 $15 040 001 6 —8 DEEP 340 LF $58 00 $19 720 00 $33 50 � $11 390 OO 8-10 DEEP 99 LF $60 00 $5 940 00 $36 50 1 $3 613 50 15' SANITARY SEWER LF I $0 00 I $0 00 0 —6 deep 0 LF $51 001 $0 00 $47 00 $0 00 6 —8' DEEP 11100 LF $63 OO $S8 300 00 $48 00 $52,800 00 8 —10 DEEP 3 349 LF $55 00 $184 1 9500 $51 00 $170 799 00 10 —12' DEEP 1,411 LF $57 00 $00 427 00 $56501 $79.721 50 12 —14 DEEP 1 160 LF $59 00 $68 440 00 $63 00 1 $73 080 00 14 —16' DEEP 380 LF $61 00 $23 180 00 $73 00 $27 740 00 16 —18 DEEP 380 LF $67 00 $25 460 001 $94 00 $35 720 00 18 —20' DEEP 230 LF $75 00 $17 250 00 $117 00 $26 910 00 8 SANITARY SEWER 78 LF $51 00 $3 978 00 $47 00 $3 666 00 244 CASING DUCTILE IRON 18 LF $100 00 $1,800 00 $50 00 $900 00 27 BORE & CASING 100 LF $175 00 $17 500 00 $250 00 $25 000 00 18' BORE &CASING 96 LF 140 $13 440 00 ROO $19 200 00 REMOVE SANITARY SEWER 14 LF $20 00 $280 00 $30 00 $420 00 SEWER SERVICE 1 EA $500 00 $500 00 $1 000 00 $1,000 00 5 MANHOLE 23 EA $2 500 00 $57 500 00 $5 000 00 $115 000 00 5 DROP MANHOLE 8 EA $3 000 00 $24 000 00 $3 000 00 $24 000 00 BREAK INTO EXISTING MH 2 EA $750 00 $1 50000 $1 00000 $2 000 00 ABANDON MANHOLE I LS $500 00 I $500 00 $1 500 00 $1 500 00 REMOVE CURB AND GUTTER 48 CY $2 001 $96 00 $10 00 $480 00 REMOVE CONCRETE PAVING 670 LS $4 00 I $2 680 00 I $5 00 $3 350 00 REMOVE CONC WALKS &DRIVE 18 SY $3 001 $54 00 $4 00 $72 00 1 CONCRETE CURB & GUTTER 48 SV $15 00 $720 00 $25 00 $1 200 00 6 CONC PAVING 670 BY 30 $20 100 00 $30 00 $20 100 00 CONC SIDEWALK 18 BY 30 I $540 00 I $40 00 $720 00 CONC SAW CUT 2013 LF 25 $5 032 50 $2 00 $4 026 00 ASPHALT SAW CUT 8 532 LF 2 $17 064 00 $2 00 $17,064 00 LOWER WATER LINES 1 EA 2500 $2,500 00 $6,000 00 $5 000 00 10 X4 JBOX 1 EA 5000 $5 000 00 $7 500 00 $7 500 00 EXCAVATION PROTECTION 8 236 LF 1 $8,236 00 $1 50 $12 354 00 ROW PREP 1 LS 5001 $500 00 $2 000 00 $2 000 00 TEMP EROSION CONTROL 1 LS SDO $500 00 $10,000 00 $10,000 00 PROJECT SIGN 2 EA 250 $500 00 $300 00 1 $600 00 ROCK EXCAVATION 9,625 LF 2 5 1 $24,062 50 $6 00 l $48 125 00 WARRANTIES 1 LS 250001 $25 000 00 $15 000 00 $15 000 00 BARRICADES 1 LS 25001 $2 500 00 $2 500 00 $2 500 00 TOTAL 745 315 001 839 591 00 COST PER FOOT $82 84 $93 32 E L DALTON RHODE UNIVERSITY SEWER CONSTRUCTION CONSTRUCTION UNIT j TOTAL UNIT TOTAL DESCRIPTION QTY UNIT PRICE PRICE PRICE PRICE 21 Sanitary Sewer LF $0 00 $0 00 0 —6 deep 4701 LF $38 50 $18 095 00 $80 76 $37 957 20 6 —8 DEEP 34G LF $a1 50 $14 110 00 $85 45 $29,053 00 8 —10 DEEP 99 LF $46 00 $4 554 00 $88 57 $8 768 43 15' SANITARY SEWER LF $0 00 $0 00 0 —6 deep 0 LF $40 00 $0 00 $0 00 6 —V DEEP 1,100 LF $42 5a $46 760 00 $62 52 $68,772 00 8 —10 DEEP 3 349 LF $40 00 $133 960 00 $62 52 $209 379 48 10 —12' DEEP 1,411 LF $37 00 $52,207 00 $64 61 $91,164 71 12 —14 DEEP 1 160 LF $54 00 $62 640 00 $67 73 $78 566 80 14 —16 DEEP 380 LF $47 00 $17 860 00 $72 94 $27 717 20 16 —18 DEEP 380 LF $58 50 $22 230 00 $78 15 $29 697 00 18`-20' DEEP 230 LF $60 50 $13 915 00 $83 36 $19172 80 8" SANITARY SEWER 78 LF $55 00 $4 290 00 $57 31 $4 470 18 24" CASING DUCTILE IRON 18 LF $96 00 $1,728 00 $72 94 $1 312 92 27' BORE & CASING 100 LF $375 00 $37 500 00 $156 30 $15 630 00 18" BORE &CASING 96 LP 191 $18 336 00 11983 $11 503 68 REMOVE SANITARY SEWER 14 LF $30 00 $420 00 $15 63 $218 82 SEWER SERVICE 1 EA $825 00 $825 00 $1 876 63 $1,875 63 5 MANHOLE 23 EA $4 525 00 $104 075 00 $3 647 06 $83 882 38 5 DROP MANHOLE 8 EA $5 400 00 $43,200 00 $4,689 08 $37 512 64 BREAK INTO EXISTING MH 2 EA $950 00 $1 90000 $1 56303 $3 126 06 ABANDON MANHOLE 1 LS $500 00 $500 00 $833 61 $833 61 REMOVE CURB AND GUTTER 48 CY $6 00 $288 00 $5 21 1 $250 08 REMOVE CONCRETE PAVING 670 LS $5 00 $3 360 00 $10 42 $6 981 40 REMOVE CONC WALKS &DRIVES 18 BY $5 00 $90 00 $10 42 $187 56 CONCRETE CUR$ & GUTTER 48 BY $10 00 $480 00 $26 05 I $1 250 40 6" CONC PAVING 670 SY $40 00 $26 800 00 $36 47 $24 434 90 CONC SIDEWALK 18 BY $23 00 $414 00 $31 26 $562 68 CONC SAW CUT 2013 LF $1 00 $2 013 00 $2 51 $5 052 63 ASPHALT SAW CUT 8 632 LF $1 00 $8,532 00 $0 53 $4 521 96 LOWER WATER LINES 1 EA $2,000 00 $2,000 00 1 $1,875 63 $1 675 63 10 X4 JBOX 1 EA $8 700 00 $8 700 00 $4 929 97 $4 929 97 EXCAVATION PROTECTION 8,236 LF $2.00 $16,472001 $2 08 $17.130 88 ROW PREP 1 LS $10 000 00 $10 000 00 $2 084 03 $2 084 03 TEMP EROSION OONTROL 1 LS $5,00a 00 $6,000 00 $8,33613 $8,336 13 PROJECT SIGN 2 EA $600 00 $1 20000 $833 61 $1 66722 ROCK EXCAVATION 9,625 LF $3 00 $28,875 00 $5 21 $50,146 25 WARRANTIES 1 LS $12 891 00 $12 891 00 $13 255 58 $13 255 58 BARRICADES 1 LS $2 800 00 $2 800 00 110,42017 $10 420 17 TOTAL 7, 000 00 913 702 01 COST PER FOOT $81 03 $101 56 RADICH PATE BROS UNIVERSITY SEWER CONSTRUCTION CONSTRUCTION UNIT 1 TOTAL UNIT TOTAL DESCRIPTION QTY UNIT I PRICE PRICE PRICE PRICE 21 Sanitary Sewer LF $0 001 $0 00 0 —6 deep 4701 LF $46 55 1 $21 878 50 $43 87 $20 618 90 6 —8' DEEP 340 LF $47 551 $16,167 00 $46 33 $15 412.20 8 —10 DEEP 99 LF $48 55 $4 806 45 $47 14 $4 666 86 1 15' SANITARY SEWER LF $0 00 $0 00 0 —6 deep 0 LF $0 00 $46 97 $0 00 6'-8' DEEP 1100 LF $42 25 I $46 475 00 $51 50 $66,660 00 8-10 DEEP 3349 LF $4325 $14484425 $5414 $18131486 10'-12' DEEP 1 411 LF $44 25 $62 436 75 $56 00 $79 016 00 12 —14 DEEP 1 160 LF $45 25 $52 490 001 $58 27 $67 593 20 1 14 —16' DEEP 3801 LF $47 251 $17 955 00 $61 09 $23,214.20 16 —18' DEEP 380 LF $49 251 $18 715 00 $64 86 $24 646 80 18'-201 DEEP 230 LF $6225 $12 017 50 $78 23 $17 992 90 8 SANITARY SEWER 78 LF $45 00 $3 510 00 $44 43 $3 465 54 24' CASING DUCTILE IRON 18 LF $100 00 $1 80000 $177 48 $3,194 64 27' BORE & CASING 100 LF $325 00 $32 500 00 $292 40 $29 240 00 18' BORE &CASING 96 LF $185 00 $17 760 00 21426 $20 568 96 REMOVE SANITARY SEWER 14 LF $30 00 $420 00 $12 40 $173 60 SEWER SERVICE 1 EA $2,500 00 $2,500 00 $700 39 $700 39 5 MANHOLE 23 EA $3 500 00 $80 500 00 $1 95660 $44 999 50 5 DROP MANHOLE 8 EA $4 800 00 $38 400 00 $2 364 08 $18,832 64 BREAK INTO EXISTING MH 2 EA $2 000 00 $4 000 00 $682 24 $1 364 48 ABANDON MANHOLE 1 LS $1,000 00 $1 000 00 $676 60 $676 60 REMOVE CURB AND GUTTER 48 CY $2 00 $96 00 $3 38 $162 24 REMOVE CONCRETE PAVING 670 LS $5 00 $3 350 00' $3 38 $2,264 60 REMOVE CONC WALKS &DRIVES CONCRETE CURB & GUTTER 18 48 SY BY $5 50 $18 00 $99 001 $864 00 $3 38 I $47 36 1 $60 84 1 I $2,273 28 6" CONC PAVING 670 BY $32 00 $21 44000 $62 45 $41 841 501 CONC SIDEWALK 18 BY $30 00 $540 00 $46 23 $83214 CONC SAW CUT 2013 LF $2 50 $5 032 50 $2 25 $4 529 25 ASPHALT SAW CUT 8 532 LF $1 60 $12 798 00 $2 25 $19197 00 LOWER WATER LINES i EA $3,500 00 $3 500 00 $1 188 23 $1,188 23 10 X4 JBOX 1 EA $6 200 00 $6 200 00 $15 570 80 $15 570 80 EXCAVATION PROTECTION $ 236 LF $1 00 $8 236 00 $011 $905 96 ROW PREP 1 LS $7 000 00 $7 000 00 $112 77 $112 77 TEMP EROSION CONTROL 1 LS $6,000 00 $6 000 00 $1 691 50 $1,691 501 PROJECT SIGN 2 EA $300 00 $600 00 $394 68 $789 36 ROCK EXCAVATION 9 625 LF $22.00 $211 75000 $1 13 $10 876 25 WARRANTIES 1 LS $27 000 00 $27 000 00 $112 77 $112 77 BARRICADES 1 LS $5 000 00 $6,00000 $112 77 $112 77 TOTAL 899 680 95 1$716,863 531 COST PER FOOT $100 00 $79 68 VENUS AVERAGE UNIVERSITY SEWER CONSTRUCTION COST j UNIT TOTAL UNIT TOTAL DESCRIPTION I QTY UNIT PRICE PRICE PRICE PRICE 21' Sanitary Sewer LF $0 oo I $0 00 0 -6 deep 470 LF $42 681 $20 059 601 $47 36 $22 257 63 6 -8 DEEP 340 LF $45 68 1 $15 531 20 $49 77 $16,920 29 8 -10 (DEEP 99 LF $48 68 $4 819 32 $52 37 $5 184 19 15" SANITARY SEWER LF $0 00 $0 00 $0 00 0 -6 deep 0 LF $49 73 $0 00 $26 08 $0 00 6 -V DEEP 1,100 LF $62 73 $58 003 00 I $49 00 $53,900 00 8 -10 DEEP 3 349 LF $55 73 $186 639 77 $50 40 $168 804 48 IV-IZ DEEP 1,411 LF $59 73 $84,279 03 $52 68 $74326 78 12 -14' DEEP 1 160 LF $63 73 $73 926 80 $57 78 $67 019 64 14 -1 Of DEEP 380 LF $90 73 $34 477 40 $64 00 $24 320 42 16 -18' DEEP 380 LF $107 73 $40 937401 $72 50 $27 549 58 18>-201 DEEP 230 LF $117 73 $27 077 90 $81 79 $18 810 68 8" SANITARY SEWER 78 LF $49 00 $3 822 00 $50 53 $3 941 08 24, CASING DUCTILE IRON 18 LF $63 25 $958 50 $54 41 $1 519 34 27 BORE & CASING 100 LF $252 56 $25 256 00 $247 36 $24 736 22 18" BORE &CASING 96 LF $176 00 $16 800 00 $176 01 $16 800 96 REMOVE SANITARY SEWER 14 LF $20 00 $280 00 $35 34 $494 71 SEWER SERVICE 1 EA $350 00 $360 00 $939 00 $939 00 5 MANHOLE 23 EA $3 852 00 $88 596 00 $3 392 28 $78 022 54 5 DROP MANHOLE 8 EA $4,462 00 $35,616 00 $3 810 57 $30 484 59 BREAK INTO EXISTING MH 2 EA $1 000001 $2 000 00 $1 04947 $2 098 95 ABANDON MANHOLE 1 LS $300 00 $300 00 $812 25 $812 25 REMOVE CURB AND GUTTER 48 CY $5 00 $240 00 1 $5 18 $248 48 REMOVE CONCRETE PAVING 670 L$ $5 00 $3 350 00 f $5 76 $3 856 22 REMOVE CONC WALKS &DRIVE6 18 BY $5 00 $90 00 $6 26 $112 60 CONCRETE CURB & GUTTER 48 BY I $35 60 $1 704 00 $22 99 $1 10362 6" CONC PAVING 670 BY $35 50 $23 785 001 $37 38 $25 044 60 CONC SIDEWALK 18 BY $22 60 $405 00 I $30 89 $665 98 CONC SAW CUT 2013 LF $2 75 $5 535 75 $2 28 $4 587 40 ASPHALT SAW CUT 8,532 LF $2 59 $22 097 88 $1 60 $13,622 76 LOWER WATER LINES 1 EA $1,90o 00 $1,900 00 $2,629 32 $2,628 32 10 X4 JBOX 1 EA $6 295 00 $6 295 00 $7 077 31 $7 077 31 EXCAVATION PROTECTION 8,236 LF $1 00 $8,236 00 $1 19 $9,782 54 ROW PREP 1 LS $1 500 001 $1 500 00 $4 021 87 $4 021 87 TEMP EROSION CONTROL 1 LS $2,000 00 4 $2,000 00 $4169 74 $4,169 74 PROJECT SIGN 2 EA $250 00 $500 00 $408 70 $817 40 ROCK EXCAVATION 9,625 LF $1 25 $12,031 251 $6 90 $56,776 81 WARRANTIES 1 LS $24 371 99 $24 371 991 $17 847 93 $17 847 93 BARRICADES 1 LS $3 000 00 $3,000001 $4,25922 $4 259 22 TOTAL 836 771 79 795 457 01 a„e . COST PER FOOT $93 0i Woo " UNIVERSITY DRIVE SANITARY SEWER FUND ANALYSIS SURVEY EASEMENT INSPECTION ASPHALT $10 000 00 $0 00 $15,000 00 INCLUDED IN CONSTRUCTION POSTPONED CHISHOLM TRAIL PROJECT TOTAL WITH POSTPONED PROJECT $230 000 00 $760,000 00 ACTUAL/ $4 813 00 $6 948 00 $15 000 00 $42 900 00 $670,515 50 I (OVER)/UNDER BUDGET $89,484 501 EXHIBIT V lyyl ITAL IMP EMENT PRO'rCT # 92-0471C09 PROJ TITLE COLLECTION SYSTEM UPGRADE SEWER LINES (1991) ESTIMATED COST $ 530 (x 1000) EVALUATION SCORE GROUP ASSIGNMENT DESCRIPTION Wastewater line identified in the Freese & Nit,hois 1985 Wastewater Collection System Master Plan W University Relief Line S 530 000 86 4 PURPOSE Provide service to new and developing areas by increasing capacity of existing interceptor and extending lines into areas under development COST Per F&N 1985 WW Collection System Master Plan CALCULATION Prices are adjusted at 5% APR to reflect intlauon FUNDING REQUIREMENTS CASH FLOWS/ENCUMBERANCES (In Dollars x 1000) ENC EXP ENC EXP ENC EXP ENC EXP ENC EXP 1992 O 455 N 45 D 45 J 45 F 45 M A 46 M 46 J 46 J 46 A 46 S 1993 O N D J F M A M J J A S 1994 O N D J F M A M J J A S ENCUMBERANCES BOND REV AIC OTHER TOTAL TOTAL 1ST YR $455 $0 $0 $0 $455 TOTAL 2NO YR $0 $0 $0 $0 $0 TOTAL 3Rq YR $0 $0 $0 $0 $0 GRAND TOTAL $455 $0 $0 $0 $455 ENCUMBERANCE DATES Encumbered as spent PHASE DATE AMOUNT General Purchase Engineering Design 4/91 $ 75 Inspection 10/91 $ 15 Construction 10/91 $440 Construction ENCUMBE$ANCE TOTAL $ 530 COMMENTS This is a multiyear project beginning in 1991 Encumberances Prior to 1992 Current CIP Total Project Budget 4/17/91 13 18 Po ENC EXP 45 CASH EXPENDITURES BOND REV AIC OTHER TOTAL $455 $0 $0 $0 $455 $0 $0 SO $0 $0 $0 $0 $0 $0 $0 $455 $0 $0 $0 $455 $ 75 000 $$ 455 EXHIBIT VI 1994 CAPITAL IMPROVEMENT PRO IECT # 94-0471 E 1 PROJ TITLE (1) (1993) UPGRADE INTERCEPTOR ESTIMATED COST $650 (x 1000) (DESCRIPTION Corinth Force Main i In sfs., GROUP ASSIGNMENT 5 400 LF 4 & TOTAL - --'-'- W,cu.wu 9 580 $650 000 PURPOSE To increase capacity of the interceptor and prevent sewage backup into the surrounding area COST Design Estimate $ 55 000 CALCULATION Construction Estimate $595 000 FUNDING REQUIREMENTS CASH FLOWS/ENCUMBERANCES (In Dollars x 1000) ENO EXP ENC EXP ENO EXP ENO EXP ENC EXP ENC EXP 1994 O N D 270 , 135 J F M 135 A M J 325 160 J A S 165 1995 O N D F M A M J A S 1996 O N D J F M A M J J A S ENCUM BERANCES CASH EXPENDITURES BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL TOTAL 1STYR $595 $0 $0 $0 $595 $595 $0 $0 $0 $595 TOTAL 2ND YR $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL 3RD YR $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 GRAND TOTAL $595 $0 $0 $0 $595 $595 $0 $0 $0 $595 ENCUMBERANCE DATES Encumbered as spent PHASE DATE AMOUNT OBJECT# General Purchase Engineering Design 3/93 $55 8560/8563 Inspection 3/94 $40 8662 Construction 3/94 $555 9138 ENCUMBERANCE TOTAL $680 COMMENTS This is a multiyear project beginning in 1993 Encumberances Prior to 1994 $ 55 000 Current CIP $595 000 Total Project Budget $650,000 3115/93 13 33 P9 EXHIBIT VII CONTRACT AGREEMENT STATE OF TEXAS �1 COUNTY OF DENTON § THIS AGREEMENT, made and entered into this OCTOBER A.D., 19 93 , by and between THE CITY OF DENTON 5 day of of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and SODTHWEST INDIISTRTAT• CONSTurrrmTO�-INC., 121 EXPOSITION, DENTON, TX 76205 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 bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1535 - N.L. PARR PHASE II RESTROON/CONCESSION BUILDING in the amount of $395,800.00 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 CA - 1 i all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by FREEMAN AND ASSOCIATES AR TTFCTs 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. 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. - ATTEST: _3 AAA0184D CA - 3 (SEAL) SOUTHWEST INDUSTRIAL CONSTRUCTION, INC. CONTRACTOR By Title PRESIDENT (SEAL) PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That SOUTHWEST INDUSTRIAL CONS,UfTION, INC.�, of the City of County of DENTON , and State of TRYAS as PRINCIPAL, and 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 NINTY FIVE THOUSAND EIGHT HUNDRED AND no/100-------- Dollars ($ 395,800.00 ) 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 5 day of OCTOBER , 19 93, for the construction of BID # 1535 - N.L. PARR PHASE II RESTRooN/ CONCESSION BUILDING in the amount of $395,800.00 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 Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 72nd Legislature, Regular Session, 1991, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB - 1 xPi, 9la,[k ,i .,J!.h "R!. Ulf 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 5th day of Octnher , 1993 S.W_ TnAnetri.l !'nnetrnrtn -% Tnc rlueiaTy Q uepoSIZ UO. or N Principal Surety Bye T.E. Stanek, o er t na Title_ President Title Atto ney-in-fact Address: 121 Exposition Denton, Texas 76205 (SEAL) Address: 12222 Merit Dr.. Suite 1350 Dallas, Texas 75251 (SEAL) The name and address of the Resident Agent of Surety is: Leick, Tucker and Knight, 12001 N. Central Expwy. Ste. 200, Dallas. Texas 76243 NOTE: Date of Bond must not be prior to date of Contract. FV.TT@n-r, ] PB - 2 0; 9W1 - 4 The FIDELITY AND DEPOSIT COMPANY OF MARYLAND e D® COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR., Vice -President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute and appoint Robert E. StalnakerI r. , Joe N. Jay, E. M. Adler Richard TMartin, Karen E. Vester �ren Pr' nd Irmgard Collins, all of Dallas Texas. EACH .................. ° e mile ana idw1Wagent and Anomey-in-racE or each, to in me, seal liver, for, and on its behalf as surety, and as its act and deed:any and all bonds and Linde ings.. PT bonds on behalf of Independent Executors, Community Sur s and unity Guardians.... And e execution of such bonds or undertakings in pur of these s, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they ha duly ex d acknowledged by the regularly elected officers of the respective Companies at their offices in Bale, d., in n proper persons. This power of attorney revokes that issued on behalf obert talnaker, Jr., etal dated March 11, 1993. IN WITNESS WHEREOF, the said Vice- [dent and t Secretary have hereunto subscribed their names and affixed the Corporate Seals Of the Said FIDEL DEPOS ANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY this_—________—_ h ^^ _da of_ -----------_----July_---- ------ _—, A.D. 19 93 ATTEST: _ ) AND DEPOSIT COMPANY OF AND SEAL /�� As Secretary Vice- resident COLONIAL AMERICAN CASUALTY AND SURE OMP -- - — ------------------- By------ ----- ----- -------- J Assistant Secretary Vice- resident STATE OF MARYLAND) COUNTY OF BALTIMORE ` SS: On this—__5L1]___day of_____ JUlY-___________, A.D. 19_ M before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice-president and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. S. CAROL I. FA ED R /� �Notary Public �� My commission expires____ August 1 1996 CERTIFICATE 1, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2 of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the COLONIAL, AMERICAN CASUALTY AND SURETY COMPANY at a mating duly called and held on the 5th day of December, 1991. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Com- pany with the 7 �s,�ame force and effect as though manually affixed." 5th da of IN UCLODBTY WHEREOF, I hav ih"nto subscribed my name and affixed the corporate seals of the said Companies, this y Lr4i9afDo 168. 'Li Assistant Secretary. EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article Vl, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Commmittee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article Vl, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." L141W(TX)-C1f. PAYMENT BOND STATE OF TEXAS S COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That SOUTHWEST INDUSTRIAL CONSTRUCTION INC. of the City of nu x County of DENTON , and the State of TRYac , as principal, and 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 and sn NO 100----��++-- THREE RDNDRi T) NTw" RTVE THnTmAyn RTr_u WE= Dollars ( y-AS- And n 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 5 day of ormnnER 1993 . BID # 1535 - N.L. PARK PHASE II RESTROOK/CONCESSION BUILDING 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 Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 72nd Legislature, Regular Session, 1991, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it 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 5th day of October 1993 . S.W. Industrial Constructors, Inc Principal Title Praci dash Address: 121 Exposition Denton, Texas 76205 (SEAL) Fidelity & Deposit Co. of Surety Titl Address: 12222 Merit Dr., #1350 Dallas, Texas 75251 (SEAL) The name and address of the Resident Agent of Surety is: Leick, Tucker and Knight, 12001 N. Central Expwy. Ste. 200, Dallas, Texas 76243 AAA0184D PB — 4 The FIDELITY AND DEPOSIT COMPANY OF MARYLAND e D COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Compankes HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR., Vice -President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute and appointRobert E. Stalnaker, r. , Joe N. Jay, E. M. Adlerl Richard T. Martin, Karen E. VesterA�ren Pr and Irmgard Collins, all as its act and deed:any and all bonds and Independent Executors, Community Guard J on its behalf as surety, on behalf of e execution of such bonds or undertakings in put of these shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they h duly ex d acknowledged by the regularly elected officers of the respective Companies at their offices in Bal' d., in o n proper persons. This power of attorney revokes that issued on behalf obert �talnaker, Jr., etal dated March 11, 1993. IN WITNESS WHEREOF, the said Vice-� dent and t Secretary have hereunto subscribed their names and affixed the Corporate Seals Of the Said FE)E� DEPOS^ ANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY this__________—_____�b_k_h -}------ __day of -------------------July ----------, A.D. 19 93 v ATTEST: _ ITY AND DEPOSIT COMPANY OF AND SEAL -...s— ------------- By -- ------------------------ ---- As ' Secretary Vice- resident CEE911- COLONIAL AMERICAN CASUALTY AND SURE OMP j Assistant Secretary Vice- resident STATE OF MARYLAND l COUNTY OF BALTIMORE Ss: On this____6th___day of__________ Ju lx_-- A.D. 19. 93, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice -President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ePL4 CAROL J. FA E✓ Notary Public My commission expires ---- August 1 1996------ CERTIFICATE I, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the COLONIAL. AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of December, 1991. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shaft be valid and binding upon the Com- pany with the I1same .I yforce and effect as though manually affixed." IN UCLO DBT WHEREOF, I have hnto subscribed my name and affixed the corporate seals of the said Companies, this 5t h day at UCL 19—. QX L141W M 168 Assistant Secretary EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Commmittee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint ResidentVice-Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." L. 1419d(TX)—C1r. MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That SOUTHWEST INDUSTRIAL G=p=UCmTQN INC_as Principal, and 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 THTRTy NINE THOUSAND FIVE HUNDRED EIGHTY AND N0/100--- __ Dollars ($ 39�SR0_00 j, 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 SOUTHWEST INDUSTRIAL CONSTRUCTION INC. has this day entered into a written contract with the said City of Denton to build and construct BID # 1535 - N. L. PARR PHASE II RRSTROOM/CONCESSION BUILDING 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 day's 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. IN WITNESS WHEREOF, the said S.W. industrtat Cons — Inc. as Contractor and Principal, has caused these presents to be executed by T.E. Stanek and the said Fidelity and Deposit Company of Maryland as surety, has caused these presents to be executed by its Attorney -in -Fact Robert E. Staluaker, Jr. and the said Attorney -in -Fact has hereunto set his hand this 5th day of October , 1993 SURETY: R Robert E. Stalnal Attorney -in -Fact AAA0184D PRINCIPAL: of Mary and S.W. I�nd�usttrrial Constructors, Inc. T.E. Stanek President MB - 2 The FIDELITY AND DEPOSIT COMPANY OF MARYLAND o D® COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, Corporations of the State of Maryland, by C. M. PECOT, JR., Vice -President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute and appointRobert E. Stalnaker, r. , Joe N. Jay, E. M. Adler Richard T. Martin, Karen E. Vester en Pr' nd Irmgard Collins, all of Dailas Texas EACH .................. ..... e e anu lawituagern and AttOrney-111-FaCt Of MC , to in te, seal iver, for, and on its behalf as surety, and as its act and deed:any and all bonds and unde ings.. PT bonds on behalf of Independent Executors, Community Sur s and unity Guardians .............. execution of such bonds or undertakings in put of these shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they ha duly ex d acknowledged by the regularly elected officers of the respective Companies at their offices in Bal' e, d., in o proper persons. This power of attorney revokes that issued on behalf obert �talnaker, Jr., etal dated March 11, 1993. IN WITNESS WHEREOF, the said Vice- [dent and t Secretary have hereunto subscribed their names and affixed the Corporate Seals of the Bald FIDEL DEPOSITAN�Y OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY this--_---- h _-_ 4,------day of----- ----------- —_Jsy ________—. A.D. 19 93 ATTEST: SO AND DEPOSIT COMPANY OF 4ANDSEALr By------Vi (SF COLONIAL AMERICAN CASUALTY AND SURE OMP A — --- Assistant Secretary Vice- resident STATE OF MARYLAND COUNTY OF BALTIMORE ` SS: On this--6 th.—day of ------------ A.D. 1993, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice -President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my �hgand and affixed my Official Seal the day and year first above written. cr' d r'yy r9g. CAROL J. FA ER Notary Public My commission expires___August ( CERTIFICATE I, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2 of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of December, 1991. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Com- pany with the same force and effect w though manually affixed." IN TESTIMONY WHEREOF, I have he to subscribed my nane and affixed the corporate seals of the said Companies, dw th day of October 19_. ueladCM 168 (j Cl ---- Assistant Secretary EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Comm nittee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." L141W1(TX)-Qf. 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 endorse-ments 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 aroughout 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 AFF006RA REVISED 09/02/93 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. AFF006RA REVISED O8102193 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 nnn,nonshall 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 coverages. • 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. AFF006BA REVISED 08/02/93 Insurance Requirements Page 4 [A Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than ssoo.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. []d 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,O00 per each employee, and a $500,O00 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. [ 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 "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. AFF006BA REVISED 09/02/93 Insurance Requirements Page 5 [ 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. bd 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. AFFMHA REVISED 0$/MM CERTIFICATE OF INSURANCE 10/11/1993 1 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF Leick, Tucker & Haight Ins. INFORMATION ONLY AND CONFERS NO RIGHTS UPON P. O. Box 516309 THE CERTIFICATE HOLDER. IT DOES NOT AMEND, Dallas, TX 75251-6309 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE (214) 233-9855 POLICIES BELOW. COMPANIES AFFORDING COVERAGE INSURED COMPANY A: CNA COMPANIES SOUTHWEST INDUSTRIAL CONST.INC COMPANY B: 121 EXPOSITION COMPANY C: DENTON, TX 76201 COMPANY D: COMPANY E: COVERAGES This is to certify that 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 O th 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 oolicies. Limits shown may have been reduced by Daid claims. COJJ INSURANCE 11=1 POLICY NUMBER JEJ DATES GENERAL LIABILITY Effective $ 2,000,000 General Agg A [X] Gen Liability 1115889449 07/01/93 $ 1,000,000 Prod/CoOps Agg [X] Occ [ J CM $ 1,0008000 Pers/Adv Inj [ ] OCP $ 1,000,000 Occurrence [ ] Expiration $ 50,000 Fire Damage 07/01/94 $ 51000 Medical Exp AUTO LIABILITY Effective A [X] Any Auto 11ISS8943S 07/01/93 $ 1,000,000 CSL [ ] All Owned [ ] Scheduled [X] Hired [X] Non -owned Expiration $ BI (person) [ ] Garage Liab 07/01/94 $ BI (accident) [X] Physical Dam. $ PD EXCESS LIABILITY 07/01/93 $ 2/0008000 Occurrence A [X] Umbrella 115889466 $ 2,000,000 Aggregate [ ] Other 07/01/94 [[ ] Statutory Lmts A WORKERS COMP IOISS89421 07/01/93 $ 500,000 Each Accident AND $ 500,000 Disease -Limit EMPLOYERS LIAB 07/01/94 $ 5001000 Disease-Empl Description of operations/locations/vehicles/other JOB: NORTH LAKES PARR PHASE II ADDITIONAL INSURED: CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS, APPLIES EXCEPT TO WC. WAIVER OF SUBROGATION APPLICABLE TO WORKERS COMPENSATION CANCELLATION CERTIFICATE HOLDER I Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the certificate holder named to the left, but CITY OF DENTON failure to mail such notice shall pose no ATT: PURCHASING AGENT obligation o liabilit any kind upon 901 - B TEXAS ST. the compa , tb reps. DENTON TX 76201 ^t ed Re resentative INSURANCE BINDER - .ISSUE DATE (RAM/DDNV) •�'�/�'�"• - x 10/11/93 j g THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, _ _ SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER _._. ...... .......__. .. ._....._.. ._...__._. .. __....-. -__-. COMPANY .._..._._,BINDER NO. Leick, Tucker & Knight Insurance CNA - CAM Program 000991 P.D. BOX 516309 _...-.. _....__ .. __EFFECTIVE ____.____._......-.__-.____.___-_EXPIRATION DATE .......... DATE __.... ...... _-___TIME Dallas, Texas 75251-6309 _ .__TIME g'AM X 12:01 AM 10/11/93 12:01 PM 12/11/93 NOON _.._.- ......_.. ..... ... ....... - — - -- -------------- --- ----------- - THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED' CODE SUB -CODE COMPANY PER EXPIRING POLICY NO: - ;DESCRIPTION OF DPERATIGNSNEHICLESIPRDPERTY (including Location) NORTH LAKE PARK PHASE II INBURED RESTROOM/CONCESSION BUILDING SOUTHWEST INDUSTRIAL CONST., INC. 121 Exposition Denton, Texas 76201 COVERAGES:.. ,. LIMITS TYPE OF INSURANCE t' COVERAGEMORMS AMOUNT DEDUCTIBLE COINSUR. PROPERTY CAUSES OF LOSS .. 'BASIC —,BROAD XSPEC. DIRECT PHYSICAL LOSS $ 395,800 $1,000 100% X BUILDERS RISK ...... ..... --- - - I - ... _ .. .. " - I GENERAL AGGREGATE "I$ COMMERCIAL GENERAL LIABILITY I' .. -- —,_------- —___._____ _ (PRODUCTS — COMP/OP AGG.;S CLAIMS MADE !PERSONAL 8 ADV. INJURY I S - OWNER'S 8 CONTRACTOR'S PROT. ,EACH OCCURRENCE - FIRE DAMAGE (Any one fire) - S • : RETRO DATE FOR CLAIMS MADE: ' MED. EXPENSE (Nry one person) $ AUTOMOBILE:COMBINED SINGLE LIMIT $ --! ANY AUTO ' - BODILY INJURY (Per Person) $--- - ALL OWNED AUTOS BODILY INJURY (Per eccitlenq $ ._..___.__-_._.____—.__..._____.__....___.____...__. j SCHEDULED AUTOS :PflOPERTV DAMAGE HIRED AUTOS MEDICAL PAYMENTS . $ NON -OWNED AUTOS ': PERSONAL INJURY PROT. $ I GARAGE LIABILITY ' . ! UNINSURED MOTORISLIABILITY.. I$ AUTO -PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES 'SCHEDULED VEHICLES - 'AC UAL CASH VALUE ', I COLLISION: - . -'_.-: STATED AMOUNT _—_�• S _—:OTHER THAN COL '--OTHER EXCESS LIABILITY EACH OCCURRENCE $ -- UMBRELLA FORM 'AGGREGATE S OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF -INSURED RETENTION S STATUTORY LIMITS WORKER'S COMPENSATION_.__.._ .__ I EACH ACCIDENT $ AND EMPLOYER'S LIABILITY — DISEASE -POLICY LIMB - $ - DISEASE -EACH EMPLOYEE S SPECIAL CONDIT1O9§7MF7V5Vff9= NAMED INSURED TO INCLUDE: City of Denton and All Subcontractors as their Interest May Appear. j NAME & ADDRESS MORTGAGEE ADDITIONAL INSURED LOSS PAYEE LOANX I O7UfF R7ZEDfl R E fir• Leick, ght nsruance ©ACORD CORPORATION 1990 ACORD 75-S (7/90) PROPOSAL FORM aPROPOSAL OF SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. (Name of Bidder) PROPOSAL FOR THE CONSTRUCTION OF A NEW RESTROOM/CONCESSION BUILDING AND A NEW GROUP PICNIC PAVILION AT NORTH LAKES PARK - PHASE 11(TEXAS PARKS & WILDLIFE PROJECT NO. 20-00401) FOR THE CITY OF DENTON,TEXAS Purchasing Agent City of Denton 901-B Texas Street Denton, Texas 76201 The undersigned hereby proposes to furnish all supervision, labor, material, equipment, tools and necessary accessories for the construction of a new Restroom/Concession Building and Group Picnic Pavilion for North Lakes Park - Phase II bid # 1535, as set forth for the project in the Drawings, Project Manual and Addenda as prepared by RON HOBBS-HOBBS, dated August 4, 1993, Architect's Project Number 9206. The undersigned hereby proposes to furnish all of the above for the lump sum BASE BID amount of: TOTAL BASE BID ) ao fJGI�t.���39�; $� and for the alternates as described in Section 01100 of the Project -Manual. ALTERNATE NO. 1: Add the total sum of: I;VP! se }4 4O �C I>JA rys g ALTERNATE NO. 2: Add the total /sum of: NOTE: Amounts shall be shown in both words and figures. In case of discrepancies, the amount in words shall govern. SUBCONTRACTORS IPROPOSAL FORM - Pagel r fe Mechanical eoe!:5 ALf�rS%4,✓l G� Electrical GI/iGlf/ EXTRA WORK Should any change in the work or extra work be ordered, the following applicable percentage shall be added to the material and labor costs to cover overhead and profit. It is understood that the terms "overhead" and "profit" are defined in the General and Supplementary General Conditions. Allowance to Contractor for overhead and profit for extra work performed by the Contractor and supervised by the undersigned%. Allowance to Contractor for overhead and profit for extra work performed by a Subcontractor and supervised by the undersigned r %. ADD.ENDf',: The undersigned hereby acknowledges receipt of the following addenda to the Drawings and Specifications, all of the provisions and requirements of which addenda have been taken into consideration in the preparation of this Proposal. Addenda Number p,j�e dated 9. 9.4 3 Addenda Number dated Addenda Number dated Addenda Number dated Addenda Number dated BID SECURITY: Bid security must accompany each proposal. Bid security shall be made to the City of Denton, Texas in the amount of five percent (5%) of the proposal sum. Security shall be either a certified check or bid bond by surety licensed in Texas: The successful bidder's security will be retained until he has signed the contract and payment and performance bonds have been executed. The Owner reserves the right to retain the security of the next two lowest bidders until the low bidder enters into contract or until sixty (60) days after bid opening, whichever comes fast. All other bid securities will be returned as soon as practicable. If any bidder refuses to enter into a contract, the Owner will retain his bid security as liquidated damages, but not as a penalty. SALES TAX EXEMPTION: The contractor shall pay all consumer, use and other similar taxes required by law. Materials which are incorporated into or become part of the project are exempt from sales tax. A "separated contract" will be issued by the Owner which separates charges for material from charges for labor. The successful low bidder must provide separate bid amounts for the labor and materials associated with the project and must acquire a sales tax permit issued by the State Comptroller. The Contractor must execute a resale certificate instead of paying sales PROPOSAL FORM - Page2 N tax at the time of purchase. The Owner will issue an exemption certificate for the materials which are incorporated in to the finished project. PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND: The undersigned agrees within ten (10) days after the Contract is executed, to deliver to the Owner a Performance Bond and later a Labor and Material Bond as required in the Specifications. MAINTENANCE BOND: The Contractor shall furnish a Maintenance Bond for an amount equal to ten percent (10%) of the contract price for improvements and shall be for one (1) year from and after the date of Final Payment by the (Owner). CONTRACT: The undersigned agrees that upon notice of acceptance of the Bid, he will execute the attached example of the Contract within ten (10) days from notice of acceptance. INSURANCE: The undersigned agrees within ten (10) days after the Contract is executed, to deliver to the Owner the certificates of insurance and original insurance policies required in the Specifications. TIME OF COMPLETION: The undersigned agrees to commence work under this Contract within ten (10) days after the issuance of the "Notice to Proceed" from the Owner and to complete such work within fx o calendar days from date of such notice. (Contractor to fill in figures.) Time to complete the contract shall begin on the tenth (10th) day after the issuance of the "Notice to Proceed." LIQUIDATED DAMAGES: The undersigned agrees to fully complete the project within the time stated in the TIME OF COMPLETION paragraph above. The undersigned further agrees to pay as liquidated. damages, the sum of $150.00 for each consecutive calendar day thereafter, as hereinafter provided in the Supplementary General Conditions. UNIT PRICES It is further agreed that the quantities of the work to be done and materials to be furnished may be increased or decreased as necessary due to existing site conditions and that all quantities of work, whether increased or decreased, shall be performed at the unit prices set forth below. All labor, materials and equipment required to construct this portion of the project shall be included in unit prices. Unit prices may be given on each item in the following schedule, regardless of whether the quantities are shown and should any items be omitted, the right is reserved to apply the lowest price submitted by other bids. NUNIT PRICE NUMBER 1: Add or delete per lineal foot for drilled piers the sum of : PROPOSAL FORM - Page3 n r;: s x I I I 4 0 ,#Pp a'0.&a2rr. Po.z-&z4 4-.,s7yrr s UNIT PRICE NUMBER 2: Add or delete per pier for casing of drilled priers the sum of Ayy lto"1 c 944;= Respectfully submitted, Corporations only fill in the following: Signature 9-9-93 SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. Date Legal Name ofCorporation: TEXAS State of Incorporation: 121 EXPOSITION Street Address DENTON, TEXAS 76205 City, State, Zip Code T.E. STANEK of Officer - Name SignaturesUtticer PRESIDENT ie SEPTEMBER 09, 1993 Date NSeal of Corporation: Witness WAYNE BROOKS Dame of Witness - 121 EXPOSITION Street Address DENTON, TEXAS 76205 City, State, Zip Code 0 Bidders other than Corporations fill in the following: Legal Name of BiddingFirm: Street Address City, State, Zip Code Name of Officer - (typed) Signature of Officer itle PROPOSAL FORM - Page4 t s - Bond No .......................... . Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we..._SOUTHWEST-.INDUSTRIAL CONSTRUCTORS-_INC,__•...••............................................................................ 121.Exposition...--.__Denton, .........................................................exs ....------'---"----------'----'------............................... ........ ........................... .------- ..................................... .......... as Principal, (hereinafter called the "Principal'), and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, of Baltimore, Maryland, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto......... City. .. ------------------------....'.................................................................................. Obligee, (hereinafter called the "Obligee"), in the sum of ... Five percent of the greatest amount bid Dollars (s 5 _CAB ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for... Concession/RestRoom and Picnic .... Rauilion-..Euild ings-""""""""-""'------"-.'--.•.-................ ................. ---.......'---'•"""""""""""-"-'--'...-.................. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this ..... ............ First ................................ day of ......... September...................... A.D. 19.93--- C� � �.. � ---- ------'-----'------------'--------------------------------- ----------------------- AMBER L. REED, SECRETAftess SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. T.E. STANEK, PRESIDENTTitle FIDELITY AND DEPOSIT COMPANY OF Witness Robert E. Stalnaker, Jr. - Att :.iv rr it -... -f "+ al"- ,t:.0 C325d-150M. Approved by The American Institute of Architects, A.I.A. Document No. A-3I0 February 1970 Edition. The FIDELITY AND DEPOSIT COMPANY OF MARYLAND c D© COLONIAL AMERICAN CASUALTY AND SURETY COMPANY �omParties HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR., Vice -President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute and appoint Robert E. talnaker, r. , Joe N. Jay, E. M. Adler Richard T. Martin, Karen E. Vester ren Pr'a nd Irmgard Collins, all of Dallas Texas EACH........... .... e true mal 1aWD11agent HoU ^UUMUY-111-rdUL 01 man, to in tare, seal iver, for, and on its behalf as surety, and as its act and deed:any and all bonds and unde ings.. PT bonds on behalf of Independent Executors, Community Sur s and unity Guardians..... Ana the execution of such bonds or undertakings in pu of these , shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they ha duly ex d acknowledged by the regularly elected officers of the respective Companies at their offices in Bal' d., in o n proper persons. This power of attorney revokes that issued on behalf obert talnaker, Jr., etal dated March 11, 1993. IN WITNESS WHEREOF, the said Vice ^r�sstdent and t Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELDEPOS ANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY this �i a� th_yv.,-}—_day of_--------------- July --- ----, A.D. 19_93 'ITT AND DEPOSIT COMPANY OF AND SEAL ••-• r - -- -- -- -- — By_ —-------- ------ ------------ As Secretary Vice- resident COLONIAL AMERICAN CASUALTY AND SURE OMP iii tSEAL19; —� -- — - --------- By ------- --------- -------------- Assistant Secretary Vice- resident STATE OF MARYLAND COUNTY OF BALTIMORE I SS: On this___ 6 th—day A.D. 19_93, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice -President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swore, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 1 ry-----------------'—���--y'� ---—--------- --- ems. CAROL J. FA ER / Notary Public My commission expiresAugust 1_ 19966 CERTMCATE 1, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and 1 do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2 of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of December, 1991. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Com- pany with the same force and effect as though manually affixed.- Firs t IN TESTIMONY WHEREOF, 1 have he�gunto subscribed my name and affixed the corporate seals of the said Co1mpaniieess�,,this day oft.S?Rtmber:1 _dC L1419d(To 168 Assistant Secretary J CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF TEXAS § THIS AGREEMENT, made and entered into this 5 day of nrmnnuR A.D., 1993_, by and between CTTy OF nr.NTON of the County of DENTON and State of Texas, acting through TT.QVn V_ HARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and STRF.LE-FREEMAN INC. 1301 LAWSON ROAD, FT WORTH, TX 76131 of the City of FT 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 bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1521 - DMC RENOVATION in the amount of $ 2,347,000.00 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 CA - 1 11'1 maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CORGAN ASSOCTATRS ARrHTTFrTS 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. 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. w'Ml�'. ATTEST: AAA0184D CA - 3 (SEAL) PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That STEELE-FREEMAN, INC. , of the City of FT WORTH County of TARRANT , and State of TEXAS as PRINCIPAL, and WEST AMERICAN INSURANCE 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 TWO MILLION THREE HUNDRED FORTY SEVEN THOUSAND AND No/100----------------- Dollars ($ 2,347,000.00 ) 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 5 day of OCTOBER 19 93, for the construction of BID # 1521 - RENOVATION OF DMC in the amount of $2,347,000.00 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 Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 72nd Legislature, Regular Session, 1991, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it 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 STH day of OCTORFR 1993 . STEELE Titl President 11 Address: 1301 Lawson Road Fort Worth, Texas 76131 (SEAL) WEST AMERICAN INSURANCE COMPANY Title'OWIGHT C. 1yLCOX, ATTORNEY IN FACT Address: 275 W. CAMPBELL ROAD, SUITE 501 RICHARDSON, TEXAS 75080 (SEAL) The name and address of the Resident Agent of Surety is: DWIGHT C. WILCOX 275 W. CAMPBELL ROAD, SUITE 501 RICHARDSON, TEXAS 75080 NOTE: Date of Bond must not be prior to date of Contract. i:.:iT63S-lK 7 CERTIFIED COPY OF POWER OF ATTORNEY WEST AMERICAN INSURANCE COMPANY ADMINISTRATIVE OFFICE, HAMILTON, OHIO No. 605 1Rnafu M Men bn Z4ese presents: That WEST AMERICAN INSURANCE COMPANY, in pursuance of authority granted by Article VI, Section 1 of the By -Laws of said Company, does hereby nominate, constitute and appoint: Dwight C. Wilcox - - - - - - - - - - - - - - - - - -- of Dallas, Texas - - - - - - its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as itsactanddeed Any and all bonds, recognizances, stipulations or undertakings excluding, however, any bonds or undertakings guaranteeing payment of loans, notes or the interest thereon. ---------------------------------- ------------------------------------------- And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said West American Insurance Company cans Insurance subscribed hereunto Comhis name and affixed the Corporate Seal of the =?='laz3o`;said West P r 31st o r October 19 90. i ^... ......................................................................................................................... STATE OF OHIO, Vice President COUNTY OF BUTLER I SS. On this 31 St day of October A. D. 19 90 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came John B. Vail, Vice President of WEST AMERICAN INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. stottwewny IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official �a.4,00t-Jt4N, Seal at the City of Hamilton, State of Ohio, t and year first above written. 3A.2 �. Notary Pub is in n[ of Buller, State o Ohio ....... itenMrW�' My Commission expires .......De -ember 25, 1991,. This power of attorney is granted under and by authority of Article VI, Section 1 of the By -Laws of the Company, extracts from which read: ARTICLE VI SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board, the President, any Vice President, a Secretary, or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint an yy one or more suitable persons as a resident Vice President or a resident Assistant Secretary, or to appoint attorneys m fatt for the purpose of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of surety -ship or guarantee, and pol- icies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereot, or to any county or state, or any official board or boards of any county or state, or the United States of America, or to any other political sub- division. This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on April 24, 1980. RESOLVED, That the signature of any officer of the Company authorized by Article VI, Section I, of the By -Laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed b facsimile to an power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Comppany as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE I, the undersigned Assistant Secretary of West American Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section I of the by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this Sl day of 6 CA - A.D., 19 �3 1923 oC p�' S-4295-D W,AM. 6-901Single Copyl Assistant Secretary PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That STEELE-FREEMAN INC. of the City of FT woRTH County of TARRANT , and the State of TEXAS , as principal, and WEST AMERICAN 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 THE CITY OF DENTON , OWNPonobn_the penal sum of TWO MILLION THREE HUNDRED FORTY SEVEN THOUSAND AND Dollars ($ 2,347,000.00 ) 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 5 day of OCTOBER 19 93 . BID # 1521 - DMC RENOVATION in the amount $2,347.000.00 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 Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 72nd Legislature, Regular Session, 1991, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB - 3 CERTIFIED COPY OF POWER OF ATTORNEY WEST AMERICAN INSURANCE COMPANY ADMDUSTRATIVE OFFICE, HAMII.TON, Dlno No. 605 'tnafa �AIl Men bg Zhese presents: That WEST AMERICAN INSURANCE COMPANY, in pursuance of authority granted by Article VI, Section 1 of the By -Laws of said Company, does hereby nominate, constitute and appoint: DwightC. Wilcox - - - - - - - - - - - - - - - - - -- of Dallas, Texas - - - - - - its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as itsactanddeed Any and all bonds, recogni--ances, stipulations or undertakings excluding, however, any bonds or undertakings guaranteeing payment of loans, notes or the interest thereon. ---------------------------------- ------------------------------------------- And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said West American ±� oVOq*t4ei Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the /''`�i said West American Insurance Company this 31 St day of October 19 90. a Mtn: 1923 o!�; _ O htI ^IIIII\� ,. rwuu,W``. .................................................................................................i...ce....P..res.....i........ent. STATE OF OHIO, Vd COUNTY OF BUTLER SS. On this 31 st day of October A. D. 19 90 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came John B. Vail, Vice President of WEST AMERICAN INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. yuunuuu, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official �3,,µut trjr`�+ay Seal at the City of Hamilton, State of Ohio, t and year first above written. r r1 l i ....... ........._ry........ . .. ... .... .. .. Nora Pub is in at of Butler, Stale o Ohio 'itpMl�Yyp My Commission expires ......_De.ember 25, 1991.. This power of attorney is granted under and by authority of Article VI, Section 1 of the By -Laws of the Company, extracts from which read: ARTICLE VI SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board, the President, any Vice President, a Secretary, or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as a resident Vice President or a resident Assistant Secretary, or to appoint attorneys in or the purpose of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recogmzances, stipulations, undertakings or other instruments of surety -ship or aramee, and pol- icies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereofluor to any county or state, or any official board or boards of any county or state, or the United States of America, or to any other political sub- division. This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on April 24, 1980. RESOLVED, That the signature of any officer of the Company authorized by Article VI, Section I, of the By -Laws to appoint attorneys in fact, the signature of the .Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE I, the undersigned Assistant Secretary of West American Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 1 of the by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this date. 11 }} l IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this 5'"�` day of G CI . A.D., 19 4.7 .l !r1111I,�.,, S 4295-D W.AM. 6-90 (Single Copy) Assistant Secretary 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 5TH day of OCTOBER 19 93 - STEELE- F%; By__4" Dave Title_ Address: 1301 Lawson Road Fort Worth, Texas 76131 (SEAL) WEST AMERICAN INSURANCE COMPANY N FACT Address: 275 W. CAMPBELL ROAD, SUITE 501 RICHARDSON, TEXAS 75080 (SEAL) The name and address of the Resident Agent of Surety is: DWIGHT C. WILCOX 275 W. CAMPBELL ROAD, SUITE 501 RICHARDSON, TEXAS 75080 AAA0184D PB - 4 CERTIFIED COPY OF POWER OF ATTORNEY WEST AMERICAN INSURANCE COMPANY ADMUQSTRATM oerlce,1L"MTON, OH10 No. 605 ?finvit ill fflen bu Zhese jlC2seltts: That WEST AMERICAN INSURANCE COMPANY, in pursuance of authority granted by Article VI, Section 1 of the By -Laws of said Company, does hereby nominate, constitute and appoint: Dwight C. Wilcox - - - - - - - - - - - - - - - - - -- of Dallas, Texas - - - - - - its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as itsactanddeed Any and all bonds, recogni--ances, stipulations or undertakings excluding, however, any bonds or undertakings guaranteeing payment of loans, notes or the interest thereon.-—-------------------------- - - - - - - And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said West American �•opPOp�•,P'1_ Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the said West American Insurance Company this 31 st day of October 19 90. �" ..............voli�..-OW0011'4 ....................................................................... STATE OF OHIO, Vice President COUNTY OF BUTLER ) SS. On this 31 st day of October A. D. 19 90 before the subscriber, a Notary Public of the State of Ohio, inand for the County of Butler, duly commissioned and qualified, came John B. Vail, Vice President of WEST AMERICAN INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. equnmure IN TESTIMONY WHEREOF, I have hereunto set m hand and affixed my Official �a`+�tµuiitt�t3 Seal at the City of Hamilton, State of Ohio, t and year first above written. SA Notary Pub is in nt of Butl4Sta,f Ohio 2MAA De ember 25, 1991. "ettuuuerMe" My Commission expires .................................................................. This power of attorney is granted under and by authority of Article VI, Section I of the By -Laws of the Company, extracts from which read: ARTICLE VI SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board, the President, any Vice President, a Secretary, or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint an yy one or more suitable persons as a resident Vice President or a resident Assistant Secretary, or to appoint attorneys in fact for the urpose of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of surety -ship or guarantee, and pol- icies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America, or to any other political sub- division. This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on April 24, 1980. RESOLVED, That the signature of any officer of the Company authorized by Article VI, Section I, of the By -Laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed b facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE I, the undersigned Assistant Secretary of West American Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 1 of the by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this date. _-A 1 IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this _- day of O C4-, A.D., 19 C'f .� - 1923 0�_ N - S-4295�D W.AM. 6-901Single Copyl Assistant Secretary 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: [,rj A. General Liability Insurance: General Liability insurance with combined single limits of not less than _ y,non,nnn 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 coverages. • 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. AFF006EA REVISED 08/02/93 Insurance Requirements Page 4 [19 Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than Ssnn,nno 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. [ 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 "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. AFF006BA REVISED 08/02/93 Insurance Requirements Page 5 [ 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. [ l 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 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. AFF006RA REVISED O9/02/93 10.. 18. 93 12:41 PM tTIFICATE OF INSURANCE urk Luebbehusen Ray S Co. 309 West 7th Suite 0300 Fort Worth, TX 76102- P1M17-336-3382 I INSURED I I Steele -Freemen, Inc. Regina Tucker 11301A Larson Road I Fort North, TX 176131 I) COVERAGES I THIS IS 70 CERTIFY I PERIOD INDICATED. P 0 2 THE COMPANIES AFFORDING COVERAGE MOW LETTER A RLI Insurance Co. CO11 WY LETTER B TX Yorkers Comp Ina Facility I COMPANY LETTER C Hartford Insurance Co. COMPANY LETTER D COMPANY LETTER E HEPOLICY RESSP TO I IS SIRTECT TO I I C01 TYPE OF INSURAmE I POLICY NUIRER I POLICY EFF I POLICY EIP I ALL LIMITS IN THOUSANDS I ILTRI I —I I I---- -----1---I I DATE I DATE I I I I I I GEMERAL LIABILITY I I I I RTEAAL ASSRESATE 11000 1 I Al D8 CO1KRCIAL BEN LIABILITY I CGL 003614 07/28/93 07/28/94 1 MD5-COPIOPS M 11000 1 I I C I I CLAIMS NAPE K] OCC. I I I PEI& t AD& INIURY11000 I I I[] OWUS i CONTRACTORS I I 1 I I EACI OCCURRENCE 11000 1 1 I PROTECTIVE I I I 1 I 1 I I I I I I FIRE DAMAGE I I I I I] I I I I IANY ONE FIRE) -1 50 1 I I C I I I I I MEDICAL EXPENSE I I I I I I I I ZANY DE PERSON) 1 0 I I�1 AUTOMOBILE LIAB I 1 �I I CSL I I 11000 1 1 1 I I I CI D0 MY AUTO I 146 UEN LY1004 I 07/28/93 07/28/94 1 BODILY INIUflY I I I I I] ALL NO AUTOS I I I I (PER PERSON) I I I I I I SOERW AUTOS I 1 I 1 I 1 I I DO HIRED AUTM I 1 I I BODILY IN]IRIY I I I I DO N131-01M AUTOS I I I I (PER ACCIDENT) I I I I I I SPARSE LIABILITY I I 1 1 1 1 I I[] I 1 1 1 PROPERTY I I I 1 EXCESS LIABILITY I I I MGM I AISBMTE I I Al DO UNDER" FORM I OUL0176692 07/28/93 07/28/94 1 1 1 1 1 1[] OTHER THAN UDIELLA FORM 1 I 1 1 15000 1 5000 1 I I I I I I STAMORY I 1 BI WORKERS' COMP ITWCIF - TBD 07/29/93 07/29/94 11000 EADI ACC I I I AND I I 1 11000 DISFASE-PRICY LIMIT I I I EMPLOYERS' LIAB I Separate Cover I 1 11000 DISEASE -FAO( EMDLOYEEI I I OTHER I I 1 1 I I DI Contractor's 146NSLWO359 07/28/93 07/28/94 1 1350 000 1 I 1 Equipment- I _ _ 1 I 1 ALL 11I9I -- I DESCRIPTION OF OPERATIONS/UIXIONS/011CLES/9I1EEIAL (PROJECT: Denton Municipal Comp I [BLANKET ADDITIONAL INSURED AND I REQUIRED BY WRITTEN CONTRACT. 1) CERTIFICATE HOLDER I ' I CITY OF DENTON = 1 215 E. NCKINNEY = i DENTON, TX = 1 76201 = AIIIFORIIED REVISED CERTIFICATE BLANKET WAIVER OF SUBROGATION ON OL AS OP az OF IY;It, I RUN CURUl1N fT,SUC. MCNITLCTS TO 1t3172329113 P.d9 DOCUMENT 00300 BID FORM SUBMITTED BY Steele —Freeman, Inc. (Name of Bidder) 1301 Lawson Road Fort worth, Texas 76131 (Address) Dear Sir: The undersigned, having, examined the drawings, specifications, related documents, and the sites of the proposed work, and being; familiar with all of the conditions surrounding, the work, including the availability of materials and labor, hereby proposes to furnish all labor, materials, and equipment required for General Construction and Renovation of the Denton Municipal Complex in accordance with the drawings and project manual prepared by Corgan Associates, Inc., Architects, for the lump sum BASE BID amount of: BASE BID: !.%%c, Note: Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern. Note: The above amount does not include State of Texas Sales Tax. The undersigned affirms that the above stipulated base hid sum represents the entire cost per drawings, specifications, and addenda and that no claim will be made on account of any increase in wage scales, material prices, taxes, insurance, cost indexes, or any other rates affecting the construction industry and/or this project. Should the undersigned fail to deliver the signed Contract or the required Bonds within the 10 day period, the Bid security accompanying this Bid will be forfeited to the Owner as liquidated damages. UNIT PRICES Unit prices shall cover cost of materials in place, including all labor, materials, equipment, incidentals, services, overhead and profit. 15 June 1993 00300 - 1 CAA 92029.00 _ . _ _ I . .. r ,Uul . I IMUM I I LL I b 10 101 V2327113 P. 10 Unit Price No. 1: Base Bid is based on drilling piers to depths indicated on Drawings and includes drilling, reinforcing, mixing and placing concrete. Adjustments of Contract amount, made on actual depth of drilled piers, will be made on basis of sum of net differences in length of each pier size multiplied by unit price stated for that pier size. 11eaa U24 Add Deduct 1. Drilled Piers Lineal Feet - 12" OV $ is p0 s o (without casings) of Pier 18" s-1.5 S 24" $ 1 y % s 2 s" 2. Casings for Uncal Feet - 12" S['� $ 0 °% Drilled Piers of Casing 18" $ 1 S% in 24" $ 11 , ($ $ p oz- Unit Price No. 2: Base Bid is based on Automatic 'Temperature Controls (Specification Section 15908) sub -contractor bidding CSl per plans and specification. Item 1. CSl Price .7°l , C (! (' r Alternates: The undersigned agrees to the following additions or deductions from the Base Bid Sum if the listed alternates itcmized below arc accepted by the (honer. Alternate prices include all variations in profit, overhead, bonds, insurance and similar related items, and represent the total cost to the Owner for each Alternate. Alternate No. 1: Install ton framed windows at column line 1, Sheet A2. Provide 7/8 hat channels and Gypsum board furring at exterior wall per detail 6/A10. Add two windows per sketch SKA-3 as located below grid line 16 and 17 on 2/A8. Add to Base 4id the following amount: fs, v "P...r� . it Dollars Alternate No. 2: Install porcelain paver tile in room #100A and 10013 and in corridors 235, 236, ?A5 and 246 in lieu of scheduled VCr. Add (o Base Bid the 15 June 1993 TI O I:I Dollars CAA 92029.00 Oz nuu—nj—ij•jS 17:17 PfdOM CUkGNJ ASSOC. MCHITECTS TU 1017232'3113 P.11 Alternate No. 3: Add Toilet Room No. 230 and associated plumbing and finishes. Add to Base Bid the following amount: A e..r n - mot% ,a.,, n— _ d Dollars (S • 7 0 o to ). Alternate No. 4: Add Break Room #134 and associated plumbing and finishes. Add to Basq Bid the following amount: Dollars Alternate No. 5: Add Break Room #219 and associated plumbing and finishes. Add to Base Bid the following amount: Dollars Alternate No. G: Add sidewalks marked A, B, C, and D on Sheet A-1. Y sign per Sheet A-C. Add to ase Bid thy following I. / .-- - 0" - - - - Af yo0o ) benches and ,/0/5000 Alternate No. 7: Alternate bids for Specification Section 15908: Automatic Temperature Controls per plans and specifications. Add/Deduct the following amount: u.-) Lc. CMG (.+J_) WO Bid Security: Bid security accompanies this bid. Bid security is made payable to the City of Denton in the amount of five percent (5%r,) of the Bid sum. Security shall be either a certified check, cashier's check or bid bond by surety licensed in 'Texas. Fnclosed with this proposal is bid security in the Sum of _ FIVE PERCENT OF THE BID SUM Dollars (S 5 % ). 15 June 1993 00300 - 3 CAA 92029.00 M ,1UU-u.,-1w3 .(;1'I I-NuM WHUIN I)SSUC. FUCHIILCTS 10 18172329113 P.12 Time of completion: The undersigned agrees to commence work under this contract within 10 days of receipt of written Notice to Proceed from the Owner, and to substantially complete the entire work for the project as follows prior to -400 cal onclar davc Addenda: The undersigned hereby acknowledges receipt of the following addenda to the Drawings and Specifications, all of the provisions and requirements of which addenda have been taken into consideration in the preparation of this Proposal. Addendum No. 1 dated 8-5-93 Addendum No. 2 dated 8-9-93 Addendum No. dated Addendum No. —dated — Addendum No. dated Attachments: The undersigned hereby current and complete AIA Document Title Name of Firm .Ri-aale—Freeman, TnC. Organized as a: (Mark one) Proprietorship Parmership Corporation x Under the law of the State Of. ToyAq Legal Address: 1301 Lawson Road Fort worth, Texas 76131 (Date) s 30, 1 QQZ I'cicphonc No. iR l7l 2a2-474 If Did is by a corporation, affix seal above address. END OF DID FORM to this Proposal Form a ion Form 15 June 1993 W300 - 4 CAA 92029.00 (-A QThe Ohio Casualty Groupof insurance Companies 136 North Third Street, Hamilton, Ohio 45025 TEXAS IMPORTANT NOTICE To obtain information or make a complaint: You may call The Ohio Casualty Group's toll -free telephone number for information or to make a complaint at 1-800-843-6446 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.O. Hox 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 Ohio Casualty Group of Insurance Companies 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 beacame a part or condition of the attached document. FCW OC 2433 (4/92) TEXAS AVISO IMPORTANTE Para obtener informacion o para soimeter una queja: Usted puede llamar al numero de telefono gratis de Ohio Casualty Group's Para informacion o para someter una queja al 1-800-843-6446 el Departamento de Sequros de Texas para obtener informacion acerca de eompanias, eoberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Depa>tamento de Seguros de Texas P.O.Hox 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputes concerniente a su prima o a un reclamo, debe commicarse con el agente o la Ohio casualty Group of Insurance Companies primero. Si no se resuelve la disputa, puede entonces comunicarse con el depaztamento (TDI)- UNA ESTE AVISO A SU POLIZA: Este aviso es solo Para proposito de informacion y no se oouvierte en parte o condicion del documlento adjunto. The Ohio Casualty Insurance Company - West American Insurance Company - American Fire & Casualty Company The Ohio Life Insurance Company -Ohio Security Insurance Company-Ocasco Budget, Inc. CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 5 day of OCTOBER A.D., 19 93 , by and between TBE CITY OF DENTON of the County of Fw through LLOYD V. BARREL and State of Texas, acting thereunto duly authorized so to do, hereinafter termed "OWNER," and OSCAR RENDA CONTRACTING INC., #7 BENSON, IN., ROANOKE, T% 76262 of the City of ROANOKE County of DENTox and State of muxac , 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 bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1542 - UNIVERSITY DRIVE SANITARY SEWER in the amount of $577,145.00 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 t � CA - 1 *..all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ENGINEERING AND TRANSPORTATION DEPARTMENT 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. 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. i It I i fCA: - 2 tt -= IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: —iqmbxa M CITY OF OWNER (SEAL) (SEAL) AAA0184D sP, CAa � 3 IF ' Y r Bond #13-09-25 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That OSCAR RENDA CONTRACTING INC. , of the City of ROANOXE County of DENTON , and State of TEXAS as PRINCIPAL, and 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 FIVE HUNDRED SEVENTY SEVEN THOUSAND ONE HUNRED FORTY FIVE and no/100 Dollars ($ 577,,ez nn ) 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 5 day of OCTOBER , 19 93 , for the construction of BID # 1542 - DNIVERSITY DRIVE SANITARY SEWER in the amount of S577_145_on 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 Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 72nd Legislature, Regular Session, 1991, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. !' 1t t PS'- 1 ` 't. 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 12th day of October , 1993 Pr i Address•4-2 grzaY2D_ aS LO (SEAL) THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA Address: 1999 Bryan St., Ste. 1700 Dallas, Texas 75201 (SEAL) The name and address of the Resident Agent of Surety is: Mandicl,s IGReehhaw b. oucl JCt6 /� e 418z8 c�l(ccs. i �( NOTE: Date of Bond must not be prior to date of Contract. AAA0184D ■i M POWER OF ATTORNEY The Insurance Company of the State of Pennsysia Principal Bond Office: 70 Pine Street, New York, N.)'. In270 No. 09-E-462-35-6495 KNOW ALL MEN BY THESE PRESENTS: Thal The hisurance Contpany of the State of Pennsylvania, a Pennsylvania cnrporalion, does herehy nppnmt ---.tames C. Albright: of Dallas, Texas --- its true and lawful Anorney(s)-in-fact, with full uLilhorily to cseeute on its behalf honds, undertakings, rucognizances and other contracts of indemnity and writings obligatory in the nutUlC [hereof, issued in the course of its business, and to bind the company thereby. IN WITNESS WHEREOF. The Insurance Qnnlpany of [he State of Pennsylvania has escecied these prcuems ntis 20 day of u Mark E. Reagan, ,1993. Vice Presiclenl. STA9L OI'NEW }OI 1 1 COUNPY OFNFW 1OI2ICIs.s. ()n this 76 daynlNlav 1993 before me came the above named nlliccr of l'hc IrlsntalICC Company of the Slane of Pennsylvania. lu ntc personally known to PAULETTE K. WILLIAMS " he the individuad and nlliccr' dCSCllbed herein, and aoknuwlcdgcd Notaty Public, State of New York No. 31-4972606 that he osecuted the foregoing instnmmnt and al'lIWd the scol of Qualified in New York County said eorpnmtion them, by authority of his office. Certificate Filed in New York County Commission Expires October 1, 1kl/ CERTIFICATE Escertils of Resolution adopted by the Board of Directors of The Ins L1ldldCC Contpany of the Stalc of Pennsylvania, on May [8, 1970 "RESOLVED, that the Chuirntmt of the Roun1, the President, or any Vice PTesidenl he, and hereby is. aulhorized to appninl Annrncys-in-Fact to represent and act for and on behalf of the Company to enecute bonds. Linde rtakl ngs, rccngnizart!" and other contracts of Indemnity and writings ohllg:poly in the nature thereof, and to attach thereto the corpol'ate seal of the Company, in the IranSat Ct10❑ of irS Surety )aslaCSS; 'RESOIVED, that [lie signatures and ateStalionS of such 0111CCrs and the seal of the Company may he afliscd to any such Power of Allnrncy or to any certificate relating Ihcr'cln by facsimile. and any such Pnwcr nl' Altorocy or ecrlil'ieam )caring such facsimile eignum res or lacsimile seal Shall be valid and binding upon the Company when so Itheed with i"pcCI In any hand, arld Crlakmg, IC[ngni2;n CC ur OlhGr fool ru Cl of indemnity or writing Mallga101y In the nature thereat; 'RESOLVED. That any such A[lorncy-in-Pact delivering a sec'ei'm d mcrtificalion that the foregoing resolutions still he in clica may insert in such eradication the date thereof, said date In be nor lulu, than the date of ddiecTy thccool' by such Attorney -in -Fact." I, Elizabeth M. 'Iltck, Secrewry of The IaSLirlmre Company of the State of Pennsylvania. do herehy certify that the foregoing ezcerpls of Resolution adopted by the Board of Directors of Ihls corpmelion. and the Power nl' Ailarncv ieSLICLI pLirsu;uv Iheici arc true :cod collect, and thal bath the Resolution and the Power of Attorney arc in full fm'ce and liberal. IN WITNESS WHEREOF. I have hercuni, Set my hand and of l'Lscd the facsimile seal of the mrpnrttion (iti, 12th day of October , 19 93, )..� Eli-raheth M. Tuck, Secretary Bond #13-09-25 PAYMENT BOND STATE OF TEXAS 5 COUNTY OF DENTON 5 KNOW ALL MEN BY THESE PRESENTS: That OSCAR uunmA CONTRACTING INC. of the City of ROANOKE County of DENTON , and the State of TEXAS , as principal, and 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 FORTY FIVE AND no/100-- FIVS HUNDRED SEVENTY SFVRN THOUSANn QKE HUNnHED Dollars ($ 577,145_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 5 day of OCTOBER 19 93 . BID # 1542 - UNIVERSITY DRIVE SANITARY SEWER . the amount' of CS77 14s On j to which contract is hereby referred to and made a part hereof as L 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 Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 72nd Legislature, Regular Session, 1991, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it 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 signed and sealed this instrument this 12th day of 1993 . Title LQ'i�/.3"r T' Address: '7 � AOZaK6 ":LL -7&040 . (SEAL) The name and 1 r? Surety have October THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA Address: 1999 Bryan St., Ste. 1700 Dallas, Texas 75201 (SEAL) of the Resident Agent of Surety is: AAA0184D _.. PB - 4 The Insurance Company of the State of'Pennsylvania- POWER OF ATTORNEY , Principal f3ond Office: 70 Pine Slrcel, New York. N.Y. 10270 No. 09-E-462-35-6495 KNOW ALL MEN BY THESE PRESENTS: 'nil he Insurance Company of the Stale of Pennsylvania, a Pennsylvania cotpMalion, does herehy appoint ---.lames C. Albright of Dallas, Texas--- its true and lawful Attorney(s)-in-FaCt, with full authority In cmcute on its behalf hoods, undertakings, recognizances and other eontr:¢ts of indeninity and writings obligatory in the nature thereof. issued in the Course of IS business, and to bind the company themby. IN WITNESS WHEREOF. The ieselame Company of the Stale of Pennsylvania has executed these presents - illls 20 0 B 0 0 Mark E. Reagan, STATE OF NEW YORK ! COUNTY OF NEW YORK)ss. i Oil this 26 day nl May 1993, Cr�^r f���-C��'t�/I J before me canm the move nanlcd nllicer Ill 1h, Insuran,, Company of the State of Pennsylvania, w mU personally known lu PAULETTE K, WILLIAMS Notary Public, State of New York be the individual and officer descrihed herein. and aeknowlcdgcd No. 31-4972606 that he eeecuted the Inregoing illslramenl and alli.xed the sctd nl Qualified in New York County said cotpoa'Lit ion (hereto by mIIII0oty of his nlfICC. Certificate Filed in New York County Commission Expires October 1, liidL 1993. Vlcc PI'csidctll. CERTIFICATE E.ecerpls of ResalUlion adopted by the Boal'd of Directors of The 1115n1'atICC ('nnlpany of the Slate of Pennsylvania, on May 19, 1976 "RESOLVE.D, that the Chnifmaa of the Flourd, the President, or any Vice PicsWcnt hu, and hereby is, aulhorizcd to appoint Aurnrncys-in-Fact to represent and act for and on behalf at'the Company m e.mnne bonds. Undertakings, rccngnira news and other contracts of i ldcm oily and willing s ohligalmy in the nature thereof, and to attach thereto thU corporate seal of the Company. in the transaction of IS surely husineSS; "RESOLVED, that Ilse signatures and aaeslations of Such of I'imrs and the Seal of the Company may he alTi.xed Ill day such Power of Attorney or m any certificate relating thereto by facsimile. and ally such Power nlAllimicy ur ttnil'irtm hearing such facsimile signatures or Izcsimilc seal shall be valid and hinding upon the Company when so ol'I'i.xed with respect to any hood. undcrm Ring. renngnlzan¢ oI ul her ConRUCI of indemnity or Writing n1,11a t,,y in the nature Ihercol; "RESOLVED. that any such Auorncy-in-I act delivering a secrcmrial eerlilicaliun thus the foregoing resolutions still be in el'I'ecI may insert in such certification the date thereof. Said date w he not later Than the date i l deIIVCIy Ihercol' hySUCII Auorlley-in-Fact'" 1, Elizabeth M. Tuck, Secretary of 'ncC Insurance Company of the Slate id 11cnnsylv:mia, do hereby ccnily Illat the foregoing excerpts of Resolution adopted by the Board of Directors of this corporation. and the I'uwcr of Allorney issued pnsmnt Ihcreto. are Irue and mrrecl, and [hill hinh the Resolution and the Power of Atiorncyarc in full force and C11CC1. IN WITNESS WHEREOF. I have hm'eunlu scl my hand and affixed the lacsinlile seal of the coti—aaahon this 12th day of October , 1993 . Eli-rabedl M. Tuck, Secrclary Bond No. #13-09-25 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That OSCAR RENDA CONTRACTING as Principal, and 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 FIFTY SEVEN THOUSAND SEVEN HUNDRED FOURTEEN AND 50/100 Dollars ($ 57,714.50 ), 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 OSCAR RENDA CONTRACTING INC. has this day entered into a written contract with the said City of Denton to build and construct HID # 1542 - UNIVERSITY DRIVE 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 t. 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. IN WITNESS WHEREOF, the said Oscar Renda Contracting, Inc- as Contractor and Principal, has caused these presents to be executed by��_ and the said The Insurance Company of the State of Pennsylvania as surety, has caused these presents to be executed by its Attorney -in -Fact James C. Albright and the said Attorney -in -Fact has hereunto set his hand this 12th day of • ..- SURETY: THE INSURANCE COMPANY OF THE STATE O PENNSYLVANIA BY: James/ Albright Attorney -in -Fact , 19 93 AAA0184D 4 '.p... I .M.B 6_- 2 PRINCIPAL: POWER OF ATTORNEY The Ihsurance Company of the State of Pennsylvania Principal bond 011ice: 7111'inc Street, New Murk. N.Y. 1112711 fv4r. 09-E-462-35-6493 KNOW ALL MEN BY THESE PRESENTS: That The Insurance Company of Ilse Stale of Pell ciisylvanla. a Pcnn.cylvania cotporation, does herehy appoint ---,fames C. Albright: of Dallas, Texas --- its true and lawful Artorney(s)-in-Pact, with full authority to c.eecuh; on its behalf hands, undenakings, ccognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the Course of its husiness, and to hind the company thereby. IN WITNESS WHEREOF. 'rhe Insurmcc Company of the sale of Pemhsylvania l,as executed these presents this 26 day 1993. Maik E. Reagan, Viht Vice President STATE OP NE\V YORK I COUNrFY 0FNEW YORKIss. On (his 26 day of M:IV.��' before me Came 1'11c above maned ufl'iccr of 'the Ins alicc Company of Ihu Slulc of Pennsylvania, to ntc personally knrnvn Ill PAULETTE K. WILLIAMS he the individual and nhicer described herein, and acknowlcd,CLJ Notary Public, Slate New York No. 31-4972606 that Ile executed the foregoing in5lnrment and al'lmd Ihu soul of Qualified in New York County Certificate Filed in New York Count said rolporalinn thn'eto by aulho riry of his nlfice. Y" Commission Expires October 1, 19c';%df CERTIFICATE E.ceelpts of I2esolulina adopted by the Roard of Dheelurs of']'he Inse,imec Company of the Stale of Pennsylvania, can May t8, 1976 "RESOLVED, that the Chairman of the nnard, the President. or any Vice President hc, and hereby is. authorized to appoint Attol'ncys-in-Fact to represent and act totand on behalf of the Company to execute hands undenaldngs. recngnizanCee and other cnntraCls of indcnmity and writings ohlignory in the nature thereof, and to attach thereto the Corporate seal of the Company. in the trnnsuelion of its surety husiness; "RESOLVED, that the signatures and 9tiCiall loss A such nl'ficcl's and the seal of the Company may hu aflixcd to illy such Power of Attorney in to any certificate relating theicto by facsimile and ;my such Power it Attorney nl rn'lil eau hearing such facsimllu signatures nr facsimile seal shall he valid and binding upon the Company when so affixed with respect to any hond. undertaking. r'acngnizance of allay conlraci of indemnity nr writing nhligmory in the nature thnnnl "RESOLVED. that any such Allurncy-in-Pace delivering a sucrctolial ccnihc[n ion that the lo'c""' w. resolutions slill he in effect may insert in such certification the dale thereof, said dale to he not Ialn' ih:m file dale of delivery thereof by ,such Attorney-in-lacC I, Elizaheth M. "ruck, Secretary of The InSnnlnaC Company of the SlntC of Pennsylvania, do hefehy cenily that the fnl'egoing excerpts of Resolution adopted by the Board of Directors of this [nl'pnl'alinn. and the Power of Altnrn Cy is>ucd pOl:Nanl Ihel'clo, are IruC and correct, and that both the Resolution and the Power of Attorney arc in full force and el'lecl. IN WITNESS WHEREOF.] have hcmunt,,sci nhy hand and tdlixcd the I'acsinhile seal of the Corpuralion tills 12th day of October t993 Elizabeth M. Tuck, Secretary 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 endorse-ments 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 AFF006RA REVISED 09/02/93 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(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. AFF006RA REVISED O8/02/93 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: [A A. General Liability Insurance: General Liability insurance with combined single limits of not less than _ soo,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 coverages. • 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. AFF006RA REVISED 08/02/93 Insurance Requirements Page 4 &1 Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than i,000,000 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. [K] 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. [ 1 Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an "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. AFF006RA REVISED O8/02/93 Insurance Requirements Page 5 [ 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. [ ] 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 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. AFF006RA REVISED O8/02193 SENT BY:Mondics/Greenhew Ins. ;10-14-93 ; 3:55PM ; 2149871955- 1 817 382 4892;# 2 ilondios/Greenhaw Ins. Agencies 8233 Douglas Avenue, Suite 828 Dallas, TX 73223 (214) 739-4800 Oscar Banda Contracting, Inc. #7 Denson Lane Aoaaoke, Texas 76262 IB TO CERTIFY 7HAT THE POLICIES OF INSURANCE LATIED ,AnD, NOTWNHSTANOWQ ANY REQUIREMENT, TERM OR 0 IFIOATE MAY BQ ISSUED OR MAY PEWAIN, THE INSURANCI USIONS AND CONDITIONS OF OUCH POUCIEL LIMITS BHC TM OF NIUNAFRB T IOUOY aBaDl .................................................................................................... CCA"ME WA ML LAum GLEPLn M ••••••I MAMe MADE .,X'10MRI .: I aANaFB B cONmAOrOiFa Fiver. , ANY AUTO .'uvn..n AVIOO HRBD AUIDI QARAOB LLOUTY X IUMVKAFORM �..I OTHIP THNI UMMIA FOIM ................................................... WORIM " OOYF@IMTBBI An aB'"4YDW UABLDT OTRBi EQQIPRI:NT FLOAT NAUC1D" 1':I•?::?fir%:';) TA 11117100 DONS NOT AMEND, RUM OR ALTER THE COVERAGE APPOF POLIgEE„BRLO... COMPANIES AFFORDING COVERAGE ................................... ....................................... :...................................................... EI'mA Home Insurance Company ............................ ......,....,......... .................. ........ ......,.... ,........................................ 8 Argonaut Insurance Company ................................................................................................................................. CELPANY 4. LOW ..........,...................................................................................................................... Ooww D LBneT ........................................................ _..................................................... Da"my E Lena BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ANY CONTRACT OR OTHER DOOUM04T WRH REBPEDT TO WHICH THIS BY THE POUCIES DESCRIBED HEREIN IB SUBJECT TO ALL THE TERMS, AE BEN REDUCED BY PAID CLAIMS.................................... ................................ y............................. ... ,........................... ►OAIOT BlFBOIM 'POLICY PAIA)w j UaA BATE (MMBD" I DA1C(NMNONR /01/83 03/01/941,191.. I...........!"'"" .......... t,rho!.Quafflo �........ I FRB ENAME cAro a«, HMI i0001140) 1 Ai:LL RBDtlB (Nq EK F T UMo� /01/93 : 03 / 01/ 9 4` sonny mm"""""""' ....................................... I i i BODLY WARN 1 OW EC"MBQ r....................................... FA@BDY DAMAOE /01/93 03/01/ 3 110/13/9 /01/93 03/01/94 Dacurrsnce T ;Deductible L m OIBLAYIONBM1DDA71eelYewAB1MM'BOIAL RB"e T Contract #1942 / Jobf University Drive Sanitary Sewer rtifioate holder i name as additional insured with respects to moral liability an automobile liability coverages. of Denton Denise lasing Department in, Texas Er THE 1,000, 21500,00 SHOULD ANY OF THE ABOVE MORIBED POLICIES BE CANCELLED BEFORE THE IDIPIRATON DATE THEREOF, THE t=INQ COMPANY WILL ENDEAVOR To MAIL --U DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED To THE LEFT. BUT FAILURE To MAI�OCE SHALL IMPOSE NO ORUGA71ON OR UABIITY OF ANY PANY,, I%AQEHTS OR REPRESENTATIVES. OCT 14 '93 16:05 .. _... _ Jam. 2149B71955 PAGE.002 University Drive Sanitary Sewer WORK DAYS 100 BID NO. 1542 PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 2.12-A 21" Sanitary Sewer $ / $ 0'-6' Deep 470 LF $ /1� /LF '? $ ;2,Z 6d 6'-8' Deep 340 LF $ /LF $ /6,3ao 8'-10' Deep 99 LF $ 7g /LF T $ L`7SoZ 2.12-B 15" Sanitary Sewer $ / $ 0'-6' Deep 0 LF $ /LF $ 6'-8• Deep 1,100 LF $ /LF $� OO 8'-10' Deep 3,349 LF $ /LF $ I Q 10'-12' Deep 1,411 LF $ �-4 /LF Q $6� g 12'-14' Deep 1,160 LF $ L�,L /LF $ sl rya 14'-16' Deep 380 LF $ qg /LF $ g 16' -18' Deep 380 LF $ / O /LF $ / S 24 18 -20' Deep 230 LF $ �1 /LF $ 2.12-C 8" Sanitary Sewer 78 LF $ IL� /LF T $8 2.12-D 24" Casing (Ductile Iron) 18 LF $ /LF SD $ goo 6.4-A 27" Bore and Casing 100 LF $ 7�yb /LF $ DDD 6.4-B 18" Bore & Pressure Grout 96 LF $ /LF $Ip SP-42 Remove Sanitary Sewer 14 LF $ /bD /LF $,L�0d WS-11 Sewer Service 1 EA $ ^ DO /EA $ �00 7.6.A-1 5' Manhole 23 EA $ 1 QO/EA $ 7.6.A-2 5' Drop Manhole 8 EA $ / QO /EA I $'Z g� - Break Into Existing 0 0 00 P - 3 y. University Drive Sanitary Sewer WORK DAYS 100 BID NO. 1542 PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL WS-16 Abandon Manhole 1 EA $ �ob "EA 3.B Remove Curb & Gutter 48 LF $ 3 /LF 3.A Remove Concrete Paving 670 SY $ I /SY $ 3.c Remove Concrete Walks and Drives 18 SY $ 0 /SY $ O 8.2-A Concrete Curb & Gutter 48 LF $ D /LF $ 'z g® 5.8 6" Concrete Paving 670 SY $ 30/SY 8.3-A Concrete Sidewalk 18 BY $ /SY $ SP-2 Concrete Saw Cut 2,013 LF $ �� /LF $ LJ'A 6,2 SP-41 Asphalt Saw Cut 8,532 LF $ �=% /LF $ g ,� .S SP-4 Lower Waterlines 1 EA $ / /EA $ ©e) 7.6.A-3 10' x 4' Junction Box 1 EA $ y'OOO /EA $ Lf SP-37 Excavation Protection 8,236 LF $ t /LF $ / b 3.1 Right -of -Way Preparation -- LS $ g000 gDOo 3.12 Temporary Erosion Control -- LS $ 3 BOO /LS $ 3, 000 SP-39 Project Signs 2 EA $ OCl!/ /EA $ /OOa SP-10 Rock Excavation 9,625 CY $ 3 /CY $ n 1.21 Contractors Warranties and Understandings ---- LS $ 1000 /LS $ /0,90 , 8.1 Barricades, Warnings Signs and Detours ---- LS $ /LS o 006? $ D� Materials Incorporated Into Project Plus Labor $577, $^77 ��y J f Other $ / $ Total $ / $S'77 r-� P - 4 BID SUMMARY TOTAL BID PRICE IN WORDS_•1—N In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump -sum prices as shown for each item listed in this proposal, shall control over extensions. V ♦_ / ._� wd�Am o�z VE*-�_AP-S-, tvlr:l� Street Address City and State Seal 6 Authorization r (If a Corporation) /i�4 1 elephone B - 1 A 161nsurance Company American Home Assurance Company Granite State Insurance Company The Insurance Company of the State of Pennsylvania National Union Fire Insurance Company of Pittsburgh, Pa. New Hampshire Insurance Company KNOW ALL MEN BY THESE PRESENTS: unto That BID BOND (AIA 310) OSCAR RENDA CONTRACTING, INC. CVi ■M Worldwide 1A13onding American International Companies Principal Bond Office 70 Pine Street, New York, N.Y. 10270 THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA CITY OF DENTON, TEXAS FIVE PERCENT (5%) OF THE AMOUNT BID as Principal, and , as Surety, are held and firmly bound as Obligee, in the sum of Dollars ($-------------' ), for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for UNIVERSITY DRIVE SANITARY SEWER NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered h1said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed, sealed and dated SEPTEMBER 2, 1993 Bond No. OSCAR.AENDA CONTACTING, INC By (.pq THE INSURANCE COMPANY OF THE By d IF a 23373 13/841 I 'I I \ i. I jN7 I II ". I ; ( , 1, \ I' ) k\()\\ \1.1 Nil- N B'I )lkl I.,111, , I, V, 1 .0, 1 1 11 Ii 1 . - : IN \N I 1A ESS W1 )I I I t I K"o'. I. J rn,t j II II I U W - :11 .111 C i:� 1. 3" 1 rl'. ci,wf;F';'J .� , yz,., cc,'71Y ExPiTeS Ozl.ber 1, -- -------- -- . ...... CE Wr I Fl GOT 1111,.: 11 - '' I \ I I ':'k "' '1 1 11 ' I 1\ WITNIlss \'li HERFol: 1h, 1) 1-11, [1 -lw-1 'J'h ["," 2ND SEPTEMBER 1,93 COMPLAINT NOTICE Should any dispute arise about your premium or about a claim that you have filed, contact the insurance company or agent that issued the bond. If the problem is not resolved, you may call the Texas Department of Insurance's toll -free number - 1-800-252-3439 - for assistance in filing a complaint or mail I written complaint to the Texas Department of Insurance, P.O. Box 149091, Austin, Texas 78714-9091, Fax #(512) 475-1771. This notice of complaint procedure is for information only and does not becom a part or condition of the bond. 11r CONTRACT AGREEMENT Tend fix STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this OCTOBER. A.D., 19 93 , by and between THE CITY OF DENTON day of of the County of DENTON and State of Texas, acting thereunto duly authorized so to do, hereinafter termed "OWNER," and William J. Schultz, Inc., dba Circle "C" Construction Company 500 W. TRAMMELL, FT WORTH, TEXAS 76140 of the City of FT 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 bearing even date herewith, CONTRACTOR -hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1541- COOPER CREEK 15" SANITARY SEWER in the amount of $283,757.50 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 _4 k. .1CiL _ 1 ,F. all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by EN-TNEVRTNG AND TRANcvnRTATMN 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 servibes 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 price or prices shown in the Proposal, which contract, such payments to be subject to the Conditions of the Contract. in current funds the forms a part of this General and Special F CA.;- 2 r. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. k0� I ATTEST: WILLIAM J. SCHULTZ, INC., DBA CIRCLE "C" CONSTRUCTION COMPANY CONTRACT R By Title W LLIAM J CHULTZ, PRES. (SEAL) AAA0184D PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § WILLIAM J. SCHULTZ, INC., DBA KNOW ALL MEN BY THESE PRESENTS: That CIRCLE "C" CONSTRUCTIONCOMPANY , of the City of ,rr wnnmw 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 THE CITY OF DENTON as OWNER, in the penal sum of Two HUNDRED EIGHTY THREE THOUSAND SEVEN HUNDRED FIFTY SEVEN AND 50/100-- Dollars ( $ 2uz, 757 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 5 day of OCTOBER , 1993, for the construction of BID # 1541 - COOPER CREEK 15" SANITARY SEWER in the amount of $283,757.50 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 Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 72nd Legislature, Regular Session, 1991, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. i, t:: PBr, -i: 1 . :r.. 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 19TH day of OCTOBER 19 93 . WILLIAM J. SCHULTZ, INC., DBA CIRCLE "C" CONSTRUCTION COMPANY SAFECO INSURANCE COMPANY OF AMERICA Principal- urety. By Title WILLIAM J. SCHULTZ, PRESIDENT Title SHERYL A. KLUTTS, ATTORNEY -IN -FACT Address • P • 0. Box 40328 Foht..Worth, TX 76140 (SEAL) Address: Safeco Plaza Seattle,, WA 98185 (SEAL) The name and address of the Resident Agent of Surety is: JOHN A. MILLER & ASSOCIATES, INC. 234 Emma Street, Fort Worth, TX 76111 NOTE: AAA0184D Date of Bond must not be prior to date of Contract. PB - 2 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § WILLIAM J. SCHULTZ, INC., DBA KNOW ALL MEN BY THESE PRESENTS: That CIRCLE "Cu CONSTRUCTION COMPANY of the City of FT woRTR County of TARRANT , and the State of m�vzc 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 penal sum of TWO HUNDRED EIGHTY THREE THOUSAND SEVEN HUNDRED F DO11aETSN , d283/757.50 ) 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 may_ day of MmnAFA 19 93 BID # 1541 - COOPER CREEK 15" SANITARY SEWER 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 Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 72nd Legislature, Regular Session, 1991, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB;v -^: 3 p 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 19TH day of OCTOBER 19 93 . WILLIAM J. SCHULTZ, INC., DBA CIRCLE "C" CONSTRUCTION COMPANY Principal By. i Title WILLIAM J. SCHULTZ, PRESIDENT Address• P. 0. Box 40328- Fort Worth, TX 76140 (SEAL) SAFECO INSURANCE COMPANY OF AMERICA Surety Title SHEen A. KLUTTS, ATTORNEY -IN -FACT Address: Safeco Plaza Seattle, WA 98185 (SEAL) The name and address of the Resident Agent.of Surety is: JOHN A. MILLER & ASSOCIATES, INC. 234 Emma St., Fort Worth, TX 76111 AAA0184D g�.. PB - 4 MAINTENANCE BOND THE STATE OF TEXAS COUNTY OF DENTON 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 .WA,.,,,, EIGENg%K)USAND TE9$$ WRIPaaD sm== wr.m AND 75/100--------- Dollars ($ 28,375.75 ), 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 CIRCLE "C" CONSTRUCTION COMPANY has this day entered into a written contract with the said City of Denton to build and construct BID #1541 - COOPER CREEK 15" 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 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 day's 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. W'ILLIAM 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 19TH day of OCTOBER , 1993 SURETY: SAFECO INSUftANCE COMPANY OF�AM.E/RICCA BY: ` g SHERYL A. KLUTT Attorney -in -Fact PRINCIPAL: WILLIAM J. SCHULTZ, INC., DBA CIRCLE "C" CONSTRUCTION COMPANY WILLIAM J. SCHULTZ, PRESIDENT AAA0184D ,t .e MB — 2 F, e POWER OF ATTORNEY SAFECCF No. KNOW ALL BY THESE PRESENTS: SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE SAFECO PLAZA SEATTLE. WASHINGTON 98185 7498 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint eeeeeeeeekeeemajOHN A. MILLER; SHERYL A. KLUTTS; JOHN A. MILLER, II; 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 R.A. PIERSON. SECRETARY this 4th day of January , tg 93 CERTIFICATE DAN D MCLEAN. PRESIDENT Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President. the Secretary. and arry 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 00 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 ny hand and affixed the facsimile seal of said corporation S-07a/EP 1/03 6 /S��^ Rp0l7gT ��p SEAL N sf�955 �rf OF WASHW�/ this 19th day of yJPPNGE C04f,,,, ` 3 CORPORATE 0" v SEAL! a W Z�s 1923 �? of WasvO October R.A. PiERSON, SECRETARY 19 93 G) 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- LVV5 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.O. 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 pare someter una queja: Usted puede Ilamar all numero de telefono gratis de Is compania pare informacion o para someter una queja all 1-800- L2 - V V-R- Puede comunicarse con el Departamento de Seguros de Texas pare obtener informacion acerca de companies, coberturas, derechos o quejas all 1-800-252-3439 Puede escdbir al 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 dispute concerniente a su prima o a un reclamo, debe comunicarse con el agents o Is compania primero. Si no as resuelve Is dispute, puede entonces comunicarse con el Departamento de Seguros de Texas. UNA ESTE AVISO A SU POLIZA: Este aviso as solo pare proposito de informacion y no as convierte on pane o condition del documento adjunto. Ordenado por el consejo Estatal de Directures de Seguros, Effectivo el 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 endorse-ments 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 AFF006BA REVISED 08/02/93 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. AFF006RA REVISED 08/02/93 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: [� A. General Liability Insurance: General Liability insurance with combined single limits of not less than _ soo,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 coverages. • 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. AFF006BA REVISED 08/02/93 Insurance Requirements Page 4 [x] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than 500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non -owned autos. [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. AFF006RA REVISED 08/02/93 4t. I I f } : { p Insurance Requirements Page 5 [ ) 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. AFF006BA REVISED O8102/93 Cooper Creek 15" Sanitary Sewer WORK DAYS 60 BID NO. 1541 PO NO. BID TABULATION SHEET UNIT PRICE TOTAL ITEM DESCRIPTION QUANTITY UNIT 2.12-A 27" Sanitary Sewer 245 LF $ Z 00/LF $ / J,'�10 °rJ 2.12-B 15" Sanitary Sewer 2,970 LF $ y9 60/LF $�y Sip 2.12-C 6" Sanitary Sewer 23 LF $ p0/LF $ 00 /OS� 6.4 24" Bore and Casing 106 LF $ /7S pO/LF $/gsSO 0 4.5 6" Flex Base 215 SY $ O O/SY $ �5d u WS-11 Sewer Service 1 EA $ qq /EA o $,5-000 SP-42 400 Pound Manhole Ring 2 EA 4r) $ �jrp/EA O $ ,SOD G and Cover 7.6-A Rebuild Existing 5' 2 EA $300000 00 $(o oo Manhole 7.6-8 5' Concrete Manhole 5 EA $ 305��/EA $1S000 G 7.6-C 6' Concrete Manhole 4 EA $ .37/EA 5 O $ �G /SoOo 7.6-D 5' Concrete Drop Manhole 4 EA $ O9EA 3C,00 S ?-W SP-8 Abandon Manhole 3 EA $ S0po0/EA $ /$-00 6 SP-43 Remove Sanitary Sewer 388 LF $ 15- o o/LF .$ 3.B Remove Concrete Curb and 10 LF $ S' 00 /LF $ Gutter 8.2-A Concrete Curb and Gutter 10 LF $ /S°O/LF $ /,5-po0 SP-2 Concrete Saw Cut 25 LF $ --� S0 /LF $ 2 , SO 8.15-A 4" Concrete Rip Rap 20 SY $ �$'00/SY $ s00 a0 SP-45 Concrete Block Erosion 90 SY $ 6 6 60 /Sy $ Sy00 n0 Control System 5.7 Asphalt Patch Type D 3 TON $ °0/TON $ 300 °O 7.4.5 Concrete Encasement 82 CY $ 00/Cy $ �g/0 3.10.7 Hydromulch 6,250 SY $ .S—D/Sy $ SP-10 Rock Excavation 1,594 CY $ /Cy $;3 YgS� SP-37 • .Excavation Protection 907 LF $'fit% U /LF 907 P - 3 Cooper Creek 15" Sanitary Sewer WORK DAYS 60 BID NO. 1541 PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 1.21 Contractor's Warranties and Understandings LS O� $ 9,ZOp /LS alG $ %o7 cy) 3.1 Preparation of Right of Way LS $ / pO0o /LS $ /, 00 8.1 Barricades, Warning Signs and Detours LS $ /000cU/LS $ ict n �G SP-39 Project Signs 2 EA co $ ,SOo /EA $ loop SP-44 Coat Existing M. H. 2 EA $ /5 pU�c/EA $ ��c�a CG 3,.,12 Temporary Erosion Control - LS $ /000 /LS cG $ Materials incorporated into project and labor $ Other $ / $IG4S79.3s Total $ / $,o3,S,7 5_ *3.10.3 Seeding 6,250 SY $ /SY $ 9 * Item 3.10.3 (Seeding) may be substituted for item 3.10.7 (Hydromulch) at the discretion of the engineer. P - 4 Cooper Creek 15" Sanitary Sewer BID TABULATION SHEET WORK DAYS 60 BID NO. 1541 PO NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 2.12-A 27" Sanitary Sewer 245 LF $ ,U o O/LF 5 170,410 2.12-B 15" Sanitary Sewer 2,970 LF $ y� p0 /LF $ S60 2.12-C 6" Sanitary Sewer 23 LF S a�� �0/LF $ /OS8 6.4 24" Bore and Casing 106 LF /gs-sd U 4.5 6" Flex Base 215 BY S V60 /BY $ 0 606J 04 WS-11 Sewer Service 1 EA S ,j Op �G/EA $ s00 �G SP-42 400 Pound Manhole Ring 2 EA U and Cover 7.6-A Rebuild Existing 5' 2 EA $,30D0 9EA $/,pw o U Manhole 7.6-8 5' Concrete Manhole 5 EA $ 3ap0 0 /q EA $ /SOCOG6 7.6-C 6' Concrete Manhole 4 EA $37scr 09EA $ /.$-0� 7.6-D 5' Concrete Drop Manhole 4 EA $_?10oa o/EA S/a 0oo6o SP-8 Abandon Manhole 3 EA $ s000U /EA $ /sue O SP-43 Remove Sanitary Sewer 388 LF 00 $ 15- /LF 3.B Remove Concrete Curb and 30 LF $ S 60 /LF Gutter 8.2-A Concrete Curb and Gutter 10 LF $ SP-2 Concrete Saw Cut 25 LF $ �, ✓��/LF $ �;�, SD 8.15-A 4" Concrete Rip Rap 20 SY $ �,S' �G/SY $ 60 6 0/Sy 60 SP-45 Concrete Block Erosion 90 SY $,; %O Control System 5.7 Asphalt Patch Type D 3 TON $Jcb 00 /TON $ 5'00 U 7.4. 5 Concrete Encasement 82 CY $ /"?O 00/CY $ 9RyO00 3.10.7 Hydromulch 6,250 SY $ / SU/Sy $ 5727S 60 SP-10 Rock Excavation 1,594 CY $ �. SU/CY SP-37'- Excavation Protection 2,907 LF S / GO /LF $�Qp/,�� Cooper Creek 15" Sanitary Sewer BID TABULATION SHEET WORK DAYS 60 BID NO. 1541 PO NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 1.21 Contractor's Warranties and Understandings LS $ 7,70000/LS 0600 3.1 Preparation of Right of way LS $ /O0� /LS d $ 1600 00 8.1 Barricades, Warning Signs and Detours LS 00 $ FOOD AS $ /OOo 00 SP-39 Project Signs 2 EA /EA $/000 SP-44 Coat Existing N. H. 2 EA �$��SIIOO SOo /EA $206000 3..12 Temporary Erosion Control - LS$✓✓(�060POI LS $ /00 G or - Materials incorporated into project and labor $ / $//9/ya,o/S Other $ / $ /G'/S 79.35 Total $ •3.10.3 Seeding 6,250 SY $ /Sy S FW " Item 3.10.3 (Seeding) may be substituted for item 3.10.7 (Hydromulch) at the discretion of the engineer. P - 4 BID SUMMARY TOTAL BID PRICE IN s/ b, P 4 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 proposal, shall control over extensions. �. //i o , ✓ S, -,, A'Z -Ih c eI/�4 BY .S'OD // // C�rn�f�Y/ Street Address City and State each item listed in this Seal & Authorization (If a Corporation) 1917 Telephone ;t ,t i FI B - 1 SAFECO NSURANCE. COMPAW OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHNGTON 98185 Bond Conforms with The American Institute of Architects, A.I.A. Document No. A-310 WILLIAM J. SCHULTZ, INC., DBA KNOW ALL BY THESE PRESENTS, That we, CIRCLE "C" CONSTRUCTION COMPANY P. 0. Box Fort Worth, TX 76140 as Principal, hereinafter called the Principal, and the SAFECO INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF DENTON, Denton, TX as Obligee, hereinafter called the obligee, in the sum of ***********FIVE PER CENT (5Z) OF GREATEST AMOUNT BID*********************** Dollars (S **************** ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, f irmly by these presents. WHEREAS, the Principal has submitted a bid for COOPER CREEK 15" SANITARY SEWER IN THE CITY OF DENTON, TEXAS NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 2ND day of SEPTEMBER , 19 93 . WILLIAM J. SCHULTZ, INC., DBA CIRCLE "C" CONSTRUCTION COMPANY (Seal) Principal Witness BY: WILLIAM J. SCHULTZ, PR FB D T Title SAFECO)N RANCE COMPA:-,ERICA fitness By SHERYL A. KLUTTS, At orney in Fact I IF 7l 1- .4 (eD Registered trademark of SAFECO Corporatioi S-54/EP 0/90 PRINTED IN U.S.I e POWER OF ATTORNEY SAFECCr KNOW ALL BY THESE PRESENTS: SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON e8185 NO. 7498 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint """""""""""""""JOHN A. MILLER; SHERYL A. KLUTTS; JOHN A. MILLER, II; Fort Worth, Texas"""Nunnee its true and lawful attorney(s)-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 4 t h CERTIFICATE day of January . 19 93 Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "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 an/ 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 00 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 affixed the facsimile seal of said corporation this 2nd day of September . 19 93 S-874EP 1103 :� i f.. F ' 5 "A Registered trademark of SAFECO Cwporat ion. IMPORTANT NOTICE To obtain Information or make a complaint: You may call the company's tall -free telephone number for information or to make a complaint at 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.O. 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 information o pare someter una queja: Usted puede Ilamar al numaro de telefono gratis de Is compania pare informacion o pare someter una queja al 1-soo- 4--a - SS- Puede comunicarse con el Departamento de Seguros de Texas pare obtener informacion scarce de companies, coberturas, derechos o quejas all 14MO-252-3439 Puede escdbir al 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 dispute concemlente a su prima o a un reclamo, dabs comunicarse con el agente o Is companla pdmero. Si no se resuelve Is dispute, puede entonces comunicarse con el Departamento de Seguros de Texas. UNA ESTE AVISO A SU POLIZA: Este aviso as solo para proposito de Informacion y no se convierte an parts o condicion del documento adjunto. Ordenado por el consejo Estatal de Directures de Seguros, Effectivo el 1 de Mayo 1992