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HomeMy WebLinkAbout1992-152ORDINANCE NO. , 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- provements 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's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as be- ing the lowest responsible bids: 1403 Linder -Stahl Construction Co. $ 54,710.00 1412 Circle "C" Construction 331,949.50 1412 Atkins Bros. Equipment 92,984.00 1420 Wesco 13,920.00 1420 Temple 20,500.00 SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, 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 approval. PASSED AND APPROVED this the �Z day of ,1992. BOB CASTLEBERRY, ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ate_ APPROVE AS LEG L FORM: DEBRA A. DP&YOVITCH�) CITY ATTORNEY DATE: SEPTEMBER 15, 1992 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1403 - CAST -IN -PLACE CONCRETE PLATFORM AND CHAIN LINK FENCE RECOMMENDATION: We recommend this bid be awarded to the only bidder, Linder - Stahl Construction Co. Inc. in the total amount of $54,710.00. SUMMARY: This bid is for all labor and materials necessary for construction of a cast -in -place concrete platform and installation of a chainlink fence at the Ray Roberts Dam. This Project was estimated at $70,000.00. One bid proposal was received in response to eleven notices mailed. BACKGROUND: Tabulation, PUB Minutes. Tabulation sheet, PUB FISCAL IMPACT: Budgeted Revenue Bonds Account #612-080-RB90-9246 balance $1,034,157.00. Yespectfully submitted: Lloyd V . Harre City Manager Prepared by: L p1Y�n.� 1� Name: Denise Harp 1 Title: Senior Buyer Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 1403.agenda BID # 1403 BID NAME CAST -IN -PLACE CONCRETE LINDER-STAHL PLATFORM CONSTRUCTION OPEN DATE 7-16-92 # IQUANTITY I DESCRIPTION VENDOR 476 LF ICHAIN LINK FENCE JUNIT PRICE $12.00 TOTAL $5,712.00 2 18-FOOT GATES [PRICE PER GATE $774.00 176 LF 1 ICAST-IN-PLACE CONCRETE JUNIT PRICE $274.00 TOTAL $48,224.00 JDAYS TO COMPLETE PROJECT 30 DAYS JALL OTHER CHARGES x TOTAL $54,710.00 [BID BOND YES EXCERPT PUBLIC UTILITIES BOARD MINUTES August 19, 1992 12. CONSIDER APPROVAL OF BID #1403 IN THE AMOUNT OF $54,710 FOR CONSTRUCTING CONCRETE FISHING PLATFORM AND INSTALLATION OF CHAINLINK FENCE AT RAY ROBERTS DAM. Harder and Nelson presented this item giving staff recommendation of approval to Linder -Stahl Construction Co., Inc., in the amount of $54,710 for construction of a cast -in - place concrete platform and installation of a chainlink fence at Ray Roberts dam. Coplen made a motion to approve subject contract in the not - to -exceed amount of $54,710; second by Laney. All ayes, no nays, motion carried. DATE: SEPTEMBER 15, 1992 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1412 - PAYNE & PEAK STREET WATER SEWER RECOMMENDATION: We recommend this bid be awarded to the lowest bidders by section as follows: A. Replace Miscellaneous Water Lines - $265,510.00 - Circle "C" Construction B. Payne Dr. 12" Waterline - $66,439.50 - Circle "C" Construction C. Peak Street 8" Sewer Line - $92,984.00 - Atkins Bros. Equipment SUMMARY: This bid is for all labor and materials to replace Waterlines and the Peak Street Sewer Line. These projects are $26,255.00 under the budgeted figure. 14 bid proposals were received in responses to 41 notices mailed. BACKGROUND: Bid tabulation, PUB Minutes. Water & Sewer Utilities, Utility FISCAL IMPACT: Capital Improvements Project FY91 account #620-081-R102-8550. espectfully -submitted: Lloyd V . Harr 1 City Manager Prepared by: GAY ame: Denise Harpo 1 Title: Senior Buyer A roved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 265.agenda ]|■ ----------- IN ( i\\\ ) � § | § ■| ! \ B ! j\ ------------------- ------------------- � | ------------------- § | § \ § § ) ■ «o\ ---------------�--- ! \ \ \ ) ------------------- » § . 2 | \ ----------- ------- ; ; |( \\0 �| ------------------- § 2 ; B) ;§ ------------------- §!)!|§§ ------------------- EXHUUT 1 lish- NORTH Ai cirr or x, rcxas w�TeR/w�trnwi�at cMcwmnw CITY Of DENTON# TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 MEMORANDUM DATE: August 24, 1992 TO: Jerry Cosgrove, P.E. Engineering Administrator FROM: David Salmon, P.E. Senior Civil Engineer SUBJECT: Replace Misc Waterlines 1991 Payne Drive Waterline Peak Street Sewer Circle C Construction was the low bidder on Replace Miscellaneous Waterlines 1991 and Payne Drive Waterline. Their bid of $265,510.00 on Replace Waterlines 1991 and $66,439.50 on Payne Drive Waterline fall well below our estimates. Circle C Construction as you remember constructed the 1990 CIP waterlines. There were no significant problems that occurred during that project and it appears that they performed high quality construction. We recommend that the Utility Department accept this bid. The low bidder on Peak Street Sewer was Atkins Brothers Equipment. Their bid of $92,984.00 is about seven percent higher than our estimate. The first low bid on this project was over $128,000, so rebidding was extremely advantageous. Atkins Brothers constructed the 1989 CIP Waterlines with no major problems during construction. We would recommend you accept this bid also. Davi�-E- senior Civil Engineer AEE0019D 8171566-8200 D/FW METRO 434-2529 EXHIBIT Y DATE: SEPTEMBER 15, 1992 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1420 - DISTRIBUTION TRANSFORMERS RECOMMENDATION: We recommend this bid be awarded to the low bidders meeting specifications as listed below: ITEM 5 - WESCO $13,920.00 ITEM 6 - TEMPLE, INC. $20,600.00 SUMMARY: This bid is for two (2) 500 KVA padmount transformer for Exposition Mills and one (1) 2500 KVA padmount transformers for the Water Treatment Plant. Ten bid proposals were received in response to 20 bid packages mailed. BACKGROUND: Tabulation sheet, Memorandum George Pool. DEPAR : Electric Distribution Division, FISCAL IMPACT: Budgeted Funds for 1991 Electric Distribution account #610-080- 0252-9222 balance to date $323,744.13 for Item 5 and for Water Production account #620-081-0460-9107 balance to date $43,028.00. Re/s/pect submitt d: U Lloyd V . Har 11 City Manager Prepared by: ` ICJ O.r Name: Denise Harpoo Title: Senior Buyer -i roved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 268.agenda O� ut 0 I ----------- x ro x mw dy 'ya7. r N H C+U yHy �C ZO rA H H uN a b01 M 0 0 x CN1 �O H L-i0 O m H O o z N Wx rye OD H r H u txj � z x O OOC 0 0 O O ----------------- O O W ut W O I O N O N 0 0 0 0 V N 3i M �j H O K b O d N 0 0 ----------------- O 0 ID EnIn o m tNn ODD x to N O O ----------------- O O m v 0 m x I x bd d d --- z " a o H z r N Ll H H k — — — — — - — — — M C [ H t[7 L H 4Hi H SHd z totv x c H 0 n H 00 z x o (n N (b ------------ 0 iP a w O IO W N zx O I O O (4O O O O O ------------ O O 00 00 0 z O O y4 O 0 Kr O A O 0 0 00 �J x rn rn a 0 0 O) 00 x O O N K 01 iP O O H W O I N z a r K m a �I 0 r o H 9 0 O I N m O ON Z Cl to g yy tODii 0 ;O O rn o 0 0 0 ------------------ O o %.JL1 ofDENTONMUrTICIPALUTILTTIES/9Vi-a Texas Street/Denton,TX 76201 TO: Tom Shaw, Purchasing Agent FROM: i. George Pool, Electric Engineering Associate DATE: September 9, 1992 SUBJECT: BID NUMBER 1420 The Electric Engineering Department recommends the approval of the following bidders for the items below: Item #5: Two 500 KVA; 120/208 volt loop feed padmounted transformers to the low bidder Wesco, at a total cost of $13,920. Item #6: One 2500 KVA, 4160/2400 padmount dead front transformer to Temple, Inc. for a total cost of $20,500. The low bidder Wesco did not meet the specifications. They bid a live front secondary voltage transformer, while the specifications call for a dead front transformer. Item #5 will be used at Exposition Mills, and Item #6 is for the Water Treatment Plant. Please contact me if you require any additional information. A copy of the loss cost transformer evaluation was provided. JP:tn 09092001 LOSS/COST EVALUATION OF A 2500KVA PADMOUNT, 4160/2400 TRANSFORMER 9-8-92 BIDDER MADE BY NL LOSSES LL LOSSE,' %Z BID COST CALCULATED COST CUMMINS NB POLIELINE NB TECHLINE NB WESCO ASS 3450 10100 5.65 $20,850.00 $120,273.36 TEMPLE GE 2596 12117 5.7 $20.500.00 $121,064.88 STUART OP SOURE D 5 2886 146211§71[!!�115: S22sW& $23,000.00 $143,677.61 VAN TORAN VAN TRAN 2350 1 14000 1 5.75 $25,930.00 $144,109.36 SESC SESCO 8001 210001 5.75 $25,577.00 $177 735.65 LOSS/COST EVALUATION OF A 500KVA PADMOUNT, 120/208 LOOP FEED TRANSFORMER 9-8-92 BIDDER MADE BY NIL LOSSES LL LOSSEE %Z BID C 0T CALCULATED COST TECHLINE HOWARD 849 4185 $6,441.00 $39,406.76 PRIESTER COOPER 984 4035 5.25 $7,007.00 $41,542.30 POLELINE PAULS 72-1 3919 3.39 $7,524.00 $41,563.87 CUMMINS PALLS 721 3919 $7,694.00 $42,138.47 VAN TRAN VAN TRAN WO 4128 5.75 $0,22.00, $44420.2 SESCO 1300 5600 5.75 9.001 $53,105.11 .SESCO STUART SOURED 1 1138 7864 5.751 1,12:�Nq 9 $73,027.41 TEMPLE LE IGE 2596 12117 5.7 , '00:9 0 0 � $77.124.88 IV 1 1.4 C, CONTRACT AGREEMENT STATE OF TEXAS )( COUNTY OF DENTON )( THIS AGREEMENT, made and entered into this 15 day of SEPTEMBER A.D., 19 92, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed "OWNER,' and LINDER-STAHL CONSTRUCTION CO., INC., P.O. BOX 9072, FORT WORTH, TExAS 76147 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 # 1403 - CAST -IN -PLACE CONCRETE PLATFORM AND CHAIN LINK FENCE in the amount of $54,710.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to! Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and CA-1 0114s other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON ENGINEERING STAFF , 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, apd 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 0114s IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ATTEST: N CA-3 LINDER-STAHL CONSTRUCTION INC. CONTRACTOR Bye/�%1Y/A! Title y� (SEAL) 0114s PERFORPIANCE BOND STATE OF TEXAS )( COUNTY OF DENTON )( KNOW ALL MEN BY THESE PRESENTS: That LINDER-STAHL CONSTRUCTION INC. , of the City of FORT WORTH County of TARRANT , and State of TEXAS as PRINCIPAL, and WASHINGTON INTERNATIONAL 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 CITY OF DENTON as OWNER, in the penal sum of FIFTY FOUR THOUSAND SEVEN HUNDRED TEN AND no/100----- Dollars ($ 54,710.00 ) 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 15 day of SEPTEMBER , 1992 , for the construction of BID # 1403 - CAST -IN -PLACE CONCRETE PLATFORM AND CHAIN LINK FENCE in the amount of $54,710.00 which contract is hereby referred to and made a dpart 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; PB-1 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 56th Legislature, Regular Session, 1959, 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. PROVIDED FURTHER, that if any legal action be filed 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 anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21st day of September , 1992 . LINDER-STAHL CONSTRUCTION CO., INC. WASHINGTON INTERNATIONAL INSURANCE COMPANY Principal Title �jers,'ef9 ,f AddressP. 0. Box 9072 Fort Worth, TX 76147 (817) 735-4162 (SEAL) Surety Tracy Tucker Title Attorney -in -fact Address P. 0. Box 11428 Fort Worth. TX 76110 (817) 921-1433 The name and address of the Resident Agent of Surety is: (SEAL) Tracy Tucker 2465 Forest Park Blvd Fort Worth TX 76110 (817) 921-1433 NUPE: Date of Bond must not be prior to date of Contract. PB-2 0091b PAYMENT BOND STATE OF TEXAS )( COUNTY OF DENTON )( KNOW ALL MEN BY THESE PRESENTS: That LINDER-STAHL CONSTRUCTION INC. of the City of FORT WORTH County of TARRANT , and State of TEAS as principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto THE CITY OF DENTON , OWNER, in the penal sum of FIFTY FOUR THOUSAND SEVEN HUNDRED TEN and no/100---------------------------------- Dollars ($ 54,710.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 15 day of SEPTEMBER 1992 BID #1403 - CAST -IN -PLACE CONCRETE PLATFORM AND CHAIN LINK FENCE in the amount of $54 710.00 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 prosection 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 56th Legislature, Regular Session, 1959, 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 anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21st day of September LINDER-STAHL CONSTRUCTION CO., INC. Principal By Title Address P. 0. Box 9072 19 92 WASHINGTON INTERNATIONAL INSURANCE COMPANY Surety G Tracy Tucker Title Attorney -in -fact Address P. 0. Box 11428 Fort Worth, TX 76147 Fort worth Tx 76110 (817) 735-4162 (817)921-1433 (SEAL) (SEAL) ` The name a,n2i address of the Resident Agent of Surety is: Tracy Tucker 2465 Forest Park Blvd., Fort Worth, TX 76110 (817)921-1433 PB-4 0092b MAINTENANCE BOND STATE OF TEXAS )( COUNTY OF DENTON )( KNOW ALL MEN BY THESE PRESENTS: THAT LINDER-STAHL CONSTRUCTION INC. as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY a Corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sum of FIVE THOUSAND FOUR HUNDRED SEVENTY ONE AND no/100-------------------------- Dollars 5,471.00 , 10% of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said LINDER-STAHL CONSTRUCTION INC. has this day entered into a written contract with the said City of Denton to build and construct BID # 1403 - CAST -IN -PLACE CONCRETE PLATFORM AND CHAIN LINK FENCE 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 incorporatd 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, *pecifications, 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. 0093b 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 LINDER-STAHL CONSTRUCTION CO. INC. as Contractor and Principal, has caused these presents to be executed by and the said - WASHINGTON INTERNATIONAL INSURANCE COMPANY as surety, has caused these presents to be executed by its Attorney -in -Fact Tracy Tucker and the said Attorney -in -Fact has hereunto set his hand this 21stday of September . 19_ 92 - SURETY: WASHINGTON INTERNATIONAL INSURANCE COMPANY B Tracy ucker Attorney -in -Fact 0093b PRINCIPAL: MB-2 107'TAW WMA. a" W General WASHINGTON INTERNATIONAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Washington International Insurance Company,a corporation organized anc existing under the laws of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois, does hereby constitute and appoint m • ♦ • TRACY TUCKER AND DELBERT TUCKER Its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on Its behalf as surety, any and all bonds and undertakings, recognizance$, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its President at its principal office. This Power of Attorney shall be limited in amount to S1,0D0,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted February 4, 1976, and January 17, 1984, which read, in part, as follows: 1. The President may appoint Attorneys -in -Fact, and authorize then to execute on behalf of the Company, and attach the Seat of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys -in -fact, who are hereby authorized to certify to copies of any power -of -attorney issued in pursuant to this section and/or any of the By -Laws of the Company, and to remove, at any time, any such Attorney -in -Fact or Special Attorney -in -Fact and revoke the authority given him." 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer end Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the company. ��t�� IN TESTIMONY WH „)p® yri ton International Insurance Company has caused this instrument to be signed and its corporate seal biF{j71:1 authorized ofiE f Marsh, 1992. ����•� e��G,� WASHNSURANCE COMPANY CORPORATE41. SEAL ;�� % � . . e. _ Steven P. nderson, Vice President STATE OF ILLISi3Oa1{$�s' '•••.. COUNTY OF C;Aki&s_ On this 16th day of March, 1992, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Cerny; IN TESTIMONY WHEREOF, I have hereunto set hand and affixed my Official Seal, the day and year first above written. [IMY OFFICIAL SEAL^ H-ISTINE ZARETSKY.• istine carets , No ary P is tsry Public. Slats of Iliinob My Commission E ire$ tober 1992 0anmhslm Evim 10/7 00111,3I,,, R IFICATE STATE OF ILLINOIS ) COUNTY OF COOK ) 1, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an AR120NA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article 111, Section 5 of the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed in the County of cook. Dated th 21st f September 1q 92 — d9li% ,r,-- Lewis M. Moeller, Secretary . - ISSUE D�AT23 M92/VV) ac�:ri�s CERTIFIAT QF I �N THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND PRODUCER CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE TUCKER AGENCY, INC. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. BOX 11428 FORT WORTH, TX 76110 COMPANIES AFFORDING COVERAGE (817)921-1433 1-800-683-9591 OMPANY A Bituminous Casualty Corporation CLETTER OMPRNY B Lumbermens Mutual Casualty Corporation CLETTE INSURED " LINDER-STAHL CONSTRUCTION CO., INC. LETTERYC P.O. BOX 9072 FORT WORTH, TX 76147 LETTER D COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DD/YY) DATE (MM/DD/VV) GENERAL LIABILITY GENERAL AGGREGATE $2,000,000 A X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGE. $ 2,000,000 CLAIMS MADE X OCCUR. CLP2096399 9-23-92 1-13-93 PERSONAL & ADV. INJURY $ 1,000,000 OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (My one fire) $ 50,000 " MM EXPENSE (My. person) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE $ A X LIMIT 1,000,000 ANV AUTO CAP1766213 9-23-92 1-13-93 ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) _ GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ 1,000,000 A X UMBRELLA FORM Binder 7-1-92 1-13-93 AGGREGATE $ 1,000,000 OTHER THAN UMBRELLA FORM _ WORKER'S COMPENSATION 3BA 021160-00 1-13-92 1-13-93 STATUTORY LIMITS EACH ACCIDENT $ 500,000 B AND FOR INFORMATION ONLY, ACTUAL CERTIFICATE LIMIT $ 500,000 EMPLOYERS' LIABILITY WILL BE MAILED DISEASE —POLICY BY CARRIER DISEASE —EACH EMPLOYEE $ 500.000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Name as additional insured the City of Denton, its officials, Agents, Employees and volunteers. JOB: Cast -in- lace concrete platform & chain link fence Ray Roberts Dam CERTIFICATE HOLDER - - CANCELLATIQN_ __ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE " EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF DENTON MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 901E TEXAS STREET LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR DENTON, TX 76201 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ATTN: LLOYD V. HARRELL AUTHORIZED REPRESENTATIVE /I f`I'', ACORD 25-S 7/90 �Jf �iA :ORD CORPORATION 1990 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 c and ss notification that the contract has been accepted, approved by the City of Denton. All insurance policies proposed or with obtalthe inned satisfactionc general these requirements shall comply specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: o 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 o 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, the ts officials, agents, employees and volunteers; or, contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Insurance Requirements Page 2 o Liability policies shall be endorsed to provide the following: oo Name as additional insured the City of Denton, its officials, Agents, Employees and volunteers. oo 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. o All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non -renewal or reduction in coverage. o 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. o 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. o 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. 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: APPROVED 12-18-91 Insurance Requirements Page 3 [g] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: o Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. o Coverage B shall include personal injury. o 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: o 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. o Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [g] Automobile Liability Insurance: Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than $1,000,000 per occurrence either in a single policy or in a combination of underlying and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of operation, maintenance or use of any auto, including owned, non -owned and hired automobiles and employee non -ownership use. (ISO Form CA 0001 Current Edition) Insurance Requirements Page 4 [g] 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. ' [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad provided or is unavailable contractor leases or rents a Limits of not less than required. form General Liability is not to the contractor or if a portion of a City building. each occurrence are [ ] 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. APPROVED 12-18-91 Insurance Requirements Page 5 [ ] 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. OOOED APPROVED 12-18-91 3 LIWmz. 3T"L, OW:ST. G.) IBC BID PROPOSAL [v %x qo-M Fatr WCgTA) Tx 76 (47 1. Material, labor, supervision, tools and equipment necessary for the construction of the Cast -in -Place concrete foundations according to the attached plans. Estimated quantity of cubic yards on concrete: 00 476 if. Chain Link Fence Unit price $ 12 1 if. Total $ Is7/f' ,Oio. Two 8-foot gates Price $� 00/gate 00 176 if. Cast -in -place concrete Unit price $ X7,,// '00 It. 2,Total Days to complete project All other charges $ ✓ Total The bidder submitting the lowest acceptable bid for performing the new construction project will fill in the blanks when executing the contract. The total bid and the total for the statement of "Materials and Other Charges" should be the same. a� CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 15 day of SEPTEMBER A.D., 1992 1 by and between THE CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and ATKINS BROTHERS EQUIPMENT Co.. INC 918 W. MARSHALL. GRAND PRAIRIE TX 75051 Of the City of (RAND pRATRTF. , County of DALLAS 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 # 1412 - PAYNE & PEAK STREET WATER SEWER in the amount $92,984.00 (SECTION C) 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 all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared . rTTV nTr nr�w 06 �� : 4 1pE&B3= 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: APPROVED AS TO FORM: - LL City Attorney (SEAL) ATKINS BROS E IIIPMENT O. INC. CONTRACT "4 ZABy Tit e esi ent (SZ )- CA - 3 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That ATKINS BROS EQUIPMENT co., INC. , of the City of rRANn PRATRTF County of DALLAS , 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 NINTY TWO THOUSAND NINE HUNDRED EIGHTY FOUR and no/100-------------------------- Dollars ($-9q_eRa 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 15 day of SEPTF MRER 19 92 , for the construction of BID #1412 - PAYUF G DF3Y cmnng.n w SEWER in the amount of $92,984.00 (SECTION C) 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 56th Legislature, Regular Session, 1959, 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 anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 15th day of September 19 92 . AIKINS BROS. EQUIPMENT CO., INC. Princi 1 BY Title President Address: 918 W. Marshall Grand Prairie, Tx. 75051 (SEAL} West American Insurance Company Address • 1638 Osprey DeSoto, Tx. 75115 (SEAL) The name and address of the Resident Agent of Surety is: Ray'Watson 1638 Osprey DeSoto, Tx. 75115 NOTE: Date of Bond must not be prior to date of Contract. PB - 2 CERTIFIED COPY OF POWER OF ATTORNEY NEST AMERICAN INSURANCE COMPANY ADMINISTRATIVE OFFICE, HAMILTON. OHIO No. 369 M10111 All Men i1U 1311riit, prrEirt1to: 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: Ray Watson or Fonda Watson - - - - - - - - - - - - - of Dallas, Texas - - - - - - - iis trip, and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as ir, ac• and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance ovcAu hnnJ howeever any bonor undertakings) guaranteeing the payment of notes and innte000tb000� 00 -)Dollars. ds) 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. Ihn 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 'PU9.1 Insurance Company has hereunto subscribed his name',and affixed the Corporate Seal of the said West American Insurance Company this of ' = 1023 0 �; p y ./ �8tlr d���b ary 1988. or STATF OF oHlo, Asst. Secretary COUNTY OF BUTLEfl I SS. On this 8th day of February A. D. 19 88 before tho subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Thomas W. Hildebrand, Asst. Secretary - - - - of WEST AMERICAN INSURANCE COMPANY, to me ow-,onally known to be the individual and officer described In, and who executed the preceding instrument, and he acknow- lodgr,d the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company ifornsiid. and that the seal affixed to the preceding Instrument is the Corporate Seal of said Company, and the said Corporate >n.d and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. `\t,,,•11t,t „r� IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official ,casv'�".arva Seal at the City of Hamilton, State of Ohio, the day and year first above written. :..����/i''• n (signed) �..; !Mt.;^;oz \ Notary Public in and ftf ounty o Butler, State of Ohio '411;,,„......,,tttt My Commission expl es ......December..25.. 1941. ihr; power of attorney is granted under and by authority of Article VI, Section 1 of the By -Laws of the Company, extracts morn which read: ARTICLE VI Sr:CTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board, the President, any Vice President, a S^cretary, or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more t.uilablo parsons as a resident Vice President or a resident Assistant Secretary, or to appoint attorneys in fact for the purpose of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and ,'liver any and all bonds, recognizances, stipulations, undertakings or other instruments of surety -ship or guarantee, and pol- 10io3 0' insurance to be given in favor of an individual, firm, corporation, or the official representative thereof, or to any county or ',tarp, or any official board or boards of any county or state, or the United States of America, or to any other political sub- divi'don. 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 attornovs in fart, 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 inde.rssgned Assistant Secretary of West American Insurance Company, do hereby certify that the foregoing power or ntontcy, Article VI Section 1 of the by-laws of the Company and the above Resolution of its Board Of Directors are true cod 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 thisl5thday of Sept. A. D., 1992 In 23 may_ lCc 1 Assistant Searstary PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That ATKINS BROS. EQUIPMENT of the City of GRAND PRAIRIE County of DALLAS , and the State of TES 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 OWNER in the penal sum of ' no/ 106 MINTY TWO THOUSAND NINE HUNDRED EIGHT FOUR and Dollars ($ 92,984.00 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 1s day of SEPTEMBER 19 92 BID # 1412 - PAYNE & PEAK STREET WATER SEWER (SECTION C) 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 56th Legislature, Regular Session, 1959, 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 anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety signed and sealed this instrument this 15th— day of September 19 92 — ATKINS BROS. EQUIPMENT CO., INC. Principa By Title President Address: 918 W. Marshall Grand Prairie, Tx. 75051 (SEAL) have West American Insurance Company Surety Title Attorney -in -fact Address: 1638 Osprey Desoto, Tx. 75115 (SEAL) The name and address of the Resident Agent of Surety is: Ray Watson 1638 Osprey DeSoto, Tx. 75115 PB - 4 CERTIFIED COPY OF POWER OF ATTORNEY IV,1'EST AM , PL11CAN INSURANCE COMPANY ADMINISTRATIVE OFFICE, HAMILTON, OHIO No. 369 T\111111t All filen hg illlene 11Ce11ellto: 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: Ray Watson or Fonda Watson - - - - - - - - - - - - - of Dallas, Texas - - - - - - - iIs trtro and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as ir1 acr and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance SIX MILLION - - - - - - - - - - ($ 6,000 000.00 -) Dollars. nxeluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest t�lereon And n,e 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 officer: of the Company at its office in Hamilton. Ohio, in their own proper persons. Thn authority granted hereunder supersedes any previous authority heretofore granted the above named attorneys) -in -fact. ggF.,, IN WITNESS WHEREOF, the undersigned officer of the said West American oFpOAq'`�'= Insurance Company has hereunto subscribed his name,and affixed the Corporate Seal of the 1 - said West American Insurance Company this '8tt}WFb dry 1988�923 vq=.......�......... ... o'Y�...... STATI 0- OHIO. i Asst. Secretary COUNTY OF BUTLER SS. On this 8th day of February A. D. 19 88 before rho suhscnbor, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Thomas W. Hildebrand, ASSt. Secretary - - - - of WEST AMERICAN INSURANCE COMPANY. to me peisonally known to be the individual and officer described In, and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company r,foresnid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate ,col and his signaturo as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. \�,n^^.unuq, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official °'!� srq „ Seal at the City of Hamilton, State of Ohio, the day and year first above written. (signed) Notary Public in and7f,6-,ount'y o Butlehio Dec ember..25...1.991My Commission ex This power of attorney is granted under and by authority of Article VI, Section 1 of the By -Laws of the Company, extracts Nom Svhirh read: ARTICLE VI FFCTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board, the President, any Vice President, a S�,,eLrry, or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suilabin persons as a resident Vice President or a resident Assistant Secretary, or to appoint attorneys in fact for the purpose of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and rlrliver 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 ;tar•, or any official board or boards of any county or state, or the United States of America, or to any other political sub- division. 1"his in;trumcnt is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on April 24, 1980. Fir SOLVED, That the signature of any officer of the Company authorized by Article VI, Section 1, of the By -Laws to appoint attomovs in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of :•tto,ney 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. n,c 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. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company thisl5thday of Sept. A. D 1992 Assistant Secretary 5-4300-C e.00 MAINTENANCE BOND THE STATE OF TEXAS COUNTY OF DENTON 4 KNOW ALL MEN BY THESE PRESENTS: That ATKINS BROS. EQUIP14MT as Principal, and West American Insurance Company a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum ofNINE TBOUSAND TWO HONORED NINTY EIGHT and 40/100--------- Dollars ($ 9,298.40 ), 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 ATKINS BROS. EQUIPMENT has this day entered into a written contract with the said City of Denton to build and construct BID #1412 - PAYNE & PEAK STREET WATER SEWER (SECTION C) 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 ATKINS BROS. EQUIPMENT CO. INC as Contractor and Principal, has caused these presents to be executed by Mike Atkins, President and the said West American Insurance Company as surety, has caused these presents to be executed by its Attorney -in -Fact Ray Watson and the said Attorney -in -Fact has hereunto set his hand this 15th day of September , 19 11 SURETY: West American Ip�surance Company BY: 1[n� Ray Watson Attorney -in -Fact PRINCIPAL: AIKINSy.4ROS EQUIP &CO., INC. Mike Atkins, President FITZ� CERTIFIED COPY OF POWER OF ATTORNEY REST AMERICAN INSURANCE COMPANY ADMINISTRATIVE OFFICE, HAMILTON, OHIO No. 369 T(Inflit All Mett hu l(TIleBe 11rovettYLic 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: Ray Watson or Fonda Watson - - - - - - - - - - - - - of Dallas, Texas - - - - - - - ds true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS. UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance SIX MILLION - - - - - - - - - (s 6,000 000.00 -) Dollars, excluding, however, any bonds) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, a; 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. "rho authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. '�, ..,,,, ..aa4 IN WITNESS WHEREOF, the undersigned officer of the said West American =AG TpeAy •`.�F Insurance Company has hereunto subscribed his name•,and affixed the Corporate Seal of the �z —1: Is23 o.�"s said West American Insurance Company t1h�i[s:8t"J/�J� of F b try 19 $$. STATE OF,OHIO, l Asst.+5ecretary COUNTY OF BUTLER J SS. On this 8th day of February A. D. 19 88 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Thomas W. Hildebrand, Asst. Secretary — 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 acknow- ledged 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 Seel and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written. (signed) �. �e,b'fi 5 .... F.:Stiayi`•'oe\ Notary Public in and f� ounty o Butler, State of Ohio My Commission axp� s ...... December..25...1.991. 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 SI=CTION 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 fact for the purpose of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and rlrhver 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. RI -SOLVED, 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 ottoincy. 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. IN WITNESS WHEREOF. I have hereunto set my hand and the seal of the Company this1$Lhday of Sept. A. D„ 1992 ,c``p41N3UFSy, _ _ _ In23 0�`_ C 6-e0 Assistant Secretary 5"M1JOO. CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual Obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: o 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 o 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 officials, agents, employees and volunteers; or, the CI - i contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. o Liability policies shall be endorsed to provide the following: oo Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. oo 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. o All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non -renewal or reduction in coverage. o 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. o 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. o 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. SPECIFIC ADDITIONAL INSURANCE REODIREMENT82 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: CI - 2 [X) General Liability Insurance• General Liability insurance with combined single limits of not less than $500,000 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: o Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. o Coverage B shall include personal injury. o 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: o 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. o Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [XI Automobile Liability Insurance: Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with -limits of not less than cj9c),ppO o per occurrence either in a single policy •or in a combination of underlying and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of operation, maintenance or use of any auto, including owned, non -owned and hired automobiles and employee non -ownership use. (ISO Form CA 0001 Current Edition) [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 CI - 3 occupational disease. The "Additional Insured" but the rights of subrogation against employees and volunteers for by the Named Insured. City need not be named as an insurer shall agree to waive all the City, its officials, agents, any work performed for the City CI - 4 WI, Vr UQN,w Name -and Address of Agency City of Denton Reference: •Y to=vn ,.•'3,-r; Project Nafle:l= r 'tat ; la t .•x Project No: ;'+rer Phone _ Project Location: Managing Dept: Name and Address of Insured: ----------------------------------------------------- Companies Affording Coverage: Ats A it L B j Phone _, „J C This is to certify that: 1) Policies of insurance listed below have been issued and are in force at this t:m 2) The City of Denton is listed as an additional insured as to all applicable coverage. Company Letter Type of Insurance Po I icv Expiration Limits of Liability Number Date In Thousands 000 Comprehensive General Liability - Occurrence :*_•* Occurre• f - Claims Made (see k4-Page CI-4) Bodily Injury Broad Form to Include: = Premises/Operations Property Oamage f Independent Contractors atProducts/Completed Operations - Personal injury w Contractual Liabi I i ty(see e3-Page CI-4) - Explosion and Collapse Hazard UndergroundHazard Bodily injury and Property Damage ConDrned fi..,JtJ, - Liquor Liability Coverage Fire Legal Liability (see N5-Page CI4) Broad Form Property Damage --------- --- . Professional Errors/Omissions — — ---- --------- - occurrence - claims made (see M4-Page CI4) Comprehensive Automobile Automobile Liability _: t-- _ Bodily injury/Person -Bodily Injury/Accident Owned/Leased Automobiles Non -owned Automobiles - '•Hired Automobiles f f �{ Property Damage Bodily Injury/Property Damage Combined - workers' Compensation and +' ` "''t Employers' Liability "a' n° ' ; a _ ; it Statutory Mount each acct ent v - Owners' Protective Liability f Other Insurance •• ...... • ;'mi li,<,': ^-°r r,} , 2.0JU Description of Operations/Locations/Vehicles. Each policy shall require thirty (30) days notice of cancellation, non -renewal, or material change in coverage. (See 02. Page CI-4). Name and address of Certificate Holder. CITY OF DENTON, TEXAS PURCHASING AGENT 901-8 TEXAS ST. DENTON, TEXAS 76201 ItTr11►c� f. / nit• SEE DEFINITIONS ON PAGE CI-4 ATTACHED. r CI-5 DEFINITIONS 1. ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to Worker's Compensation.) 2. NOTICE OF CANCELLATION: Each policy shall require that thirty (30) days prior to the cancellation, non -renewal, or any material change in coverage, a notice thereof shall be given to owner by certified mail. If the policy is cancelled for non-payment of premium only ten (10) days written notice to owner is required. 3. CONTRACTUAL COVERAGE: (Liability assumed by contract or agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverse side of this Certificate of Insurance under Comprehensive General Liability, must include a definition of coverage broad enough to provide coverage for obligations assumed by the contractor in the referenced contract. This Certificate of Insurance is provided as required by the governing contract. 4. CLAIMS MADE POLICY FORM•: Required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract, plus one year (to provide coverage for the warranty period), and a extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period. 5. FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteration- of City -owned or leased facilities). Insurance is to cover buildings, contents. (where applicable) and permanently installed equipment with respect to property damage to structures or portions of structures if such damage is caused by the peril of fire and .due to the operations of the contractor. Limit of liability is to be a minimum of $500,000. 6. OWNER: The term owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual members, employees, and agents thereof in their official capacities, and/or while acting on behalf of the owner. CI - 6 Replace Misc. Water Lines 1991 BID TABULATION SHEET BID NO. 1419 PO NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL _ 2.12-A I 6" Water Line 7,148 LF $ Igo 142,960.0 2.12-8 12" Waterline (for Casing) 40 LF $ 35.00/LF 2 1,400.00 2.12-D 6" Ductile Iron Water Line 82 LF S 35•�/LF 2,870.00 2.16 Water Service - 158 EA $ /gA'7z` y 2.13.1-A 6" Gate Valve 18 EA $ 343.00/EA 6,174.00 7.6-A i 4 Man Hole (4 feet deep) 3 EA $ 1.102.00/EA 3,306.00 2.14-A y Fire Hydrant 7 EA $ 979,00/EA 61853.00 3. B g Remove Curb & Gutter 76 LF S 6.00 /LF 456.10 8.2-A Concrete Curb & Gutter 76 LF $ 19.00/LF 1,444.00 q SP-2 Saw Cut Concrete 76 LF $ 3.00 /LF 228.00 to 6.4 1 12" Bore 82 LF $ 147.00 /LF 12,054.00 SP-40 Cut & Plug Existing Water 19 EA $ 306,00 /EA 5,814.00 i2, Line SP-37 Excavation Protection 500 IF $ 10.00 /LF 5,000.00 1� 1.21 Contractors Warranties and - LS $ 13,464.00 /LS 1H Understandings 13,4b4.00 SP-10 Rock Excavation 50 CY $ 25,00 /CY 1,258.00 r SP-41 1 Sawcut Asphalt 10,608 LF j $ 1.00 /LF 10,608.00 3.1 7 1, Preparation of RS ht-of-Wa - LS $ 6,120.00 /LS 6,120.00 SP-39 Project Signs 2 EA $ 306.00 /EA 1� 612.00 8.1 1 Barricades, Warning Signs - LS $ 7,344.00 /LS 71344.00 and Detours 2.12.8 e2 Cast Iron Fittings 1,500 LB $ 2.00 /LB 3,000.00 r 2.12-C 6" SOR 26 Sanitary Sewer 120 LF $ 31.00 /LF 31720.00 P — 3 4• Replace Misc. Water Lines 1991 (Continued) WORK DAYS 55 HID NO. _JA12_ PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Materials incorporated into project plus labor t� yi/lo 5 Other Total �ao�yo6 P — 4 Payne Drive Water Line ••VBID NO. —912 Po NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE 2.12-B 12" Water Line 1,336 LF 1801 /LF 511, 2.12-E 12" Ductile Iron Pipe 99 LF $ 47.00 /LF i 2.14-B Fire Hydrant Connection 1 EA $ 673.00 /EA 2.13.1-B 12" Valve 1 EA $ 857.00 /EA y 2.14-A Fire Hydrant 2 EA f,346.00 /EA 6.4 20" Bore 99 LF $ 228.00 /LF SP-40 rf Cut and Plug Existing Water Line 1 EA $ 306.00 /EA SP-41 Sawcut Asphalt 2,574 LF $ 1.00 /LF 1.21 Contractors Warranties and - LS 1,386.00 /LS 6) Understandings SP-10 Rock Excavation 200 Cy $ 25.00 /CY 10 3.1 Preparation of - LS 4,224.00 /LS 11 Ri ht-of-Wa SP-39 Project Signs 2 EA $ 386.00 /EA 13+ 8.1 Barricades, Warning Signs, - LS 1,459 00 /LS �? and Detours 2.12.8 Cast Iron Fittings 1,600 LB $ 2.00 /LB SP-37 t S Excavation Protection 1,331 LF $ 1.00 /LF Materials incorporated into project plus labor Other Total p - 5 TOTAL 768.00 4,653.00 673.00 857.00 21M.00 22,572.00 30b.00 2,574.00 5,386.00 5, ON.00 1,224.01 612.00 1,959.00 3,200.00 1,331.00 $ $ 103"009 Peak Street Sanitary Sewer WORK DAYS 30 BID NO. 1412 PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 2.12-C 8" Sanitary Sewer (SDR26) 482 LF $ �9.3 F 13,478.011 2.12-D 8" Sanitary Sewer (SDR35) 958 LF $14 C0 /LF _2.992.00 2.12-E 6" Sanitary Sewer 95 LF $ -n Eno /LF ::1185,00 WS-11 Sewer Service 34 EA $ 429,00 /EA 14,556.00 7.6-A 4' Concrete Manhole 5 EA $ 1,041.00 /EA 5,205.00 7.6-B 4' Drop Manhole 1 EA $ 1,531,00 /EA 1,431.00 7.6-D 5' Drop Manhole 1 EA $ 3, 623.00 /EA 3, 623. 010 SP-8 Abandon Manhole 3 EA $ 45.00 EA 735.00 7.6-C Rebuild Manhole 1 EA $ 1,530.00 /EA 1,"0.00 3-A Remove Concrete Pavement 9 BY $ 28.00 /SY :52.00 SP-2 Sawcut Concrete 24 LF $ 3.00 /LF 72.00 SP-41 Sawcut Asphalt 4,122 LF $ 1.00 /LF 4,122.00 5.8 6" Concrete Pavement 9 SY $ 60.00 /BY 540.00 7.4.5 Class A Concrete 1 CY $ 245.00 /CY 245.00 SP-4 Lower Water Lines 4 EA $ 2,44:3,00/EA 79L00 SP-37 Excavation Protection 950 LF $ 'MO /LF 1;900,00 1.21 Contractors Warranties and Understandings - LS $ 4,896.00/LS 4IF6.00 8.1 Barricades, Warning Signs, and Detours - LS $ 1,714.00/LS 1,714.00 SP-10 Rock Excavation 50 CY $ y5,0a/CY 1,250,03 SP-39 Project Signs 2 EA $ 306.00/EA 612.00 3.1 Preparation of - LS $ I,r04,00/LS 1,224.00 Peak Street Sanitary Sewer (Continued) BID TABULATION SHEET WORK DAYS 30 BID NO. PO NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Materials incorporated into project plus labor Other SEz y�v Total �I P — 7 BID SUMMARY REPLACE MISCELLANEOUS WATER LINES 1991 TOTAL BID PRICE IN WORDS l 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. CONTRACTOR BY t ) e" At4:ins Bros Equip Co., Inc 919 W. Marshall Grand Prairie, Tx 75051 City and State Seal & Authorization (If a Corporation) Telephone Fl� BID SUMMARY PEAK STREET SANITARY SEWER TOTAL BID PRICE IN WORDS /ViNt:-7- H/C3f/ y F -L' 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. CONTRACTOR BY�CS� �yQr Atkins Bros Equip Co-e Inc 918 W. Marshall Grand Prairie, Tx 75051 City and State Seal & Authorization C (If a Corporation) 1Y1 ' Telephone B - 2 BID SUMMARY PAYNE DRIVE WATER LINE TOTAL BID PRICE IN L lL�-/fJ- N,Z.J.�✓��'�7j �E/i'cR� ��%! L- ✓i':z. � 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. CONTRACTOR BY -� G 8 / ��Pl At4:ins Bros Equip Co., Inc 918 W. Marshall Grand Prairie, Tx 75051 ty and State Seal & Authorization (If a Corporation) M,zj'/-,�'`17-5'K9(f; Telephone B - 3 BID SUMMARY Project Name Replace Misc. Water Lines 1991 Payne Drive Water Line Peak Street Sanitary Sewer Work Days 4!� Bid 65 $ 30 $ 92-, 9 T q Payne Drive is to be completed first and within the specified work days in the event that one contractor obtains the contract for the Payne Drive Project and at least one of the other contracts. Also in that event, each project is to be completed including cleanup before moving on to another project. B - 4 CONTRACT AGREEMENT lZ-�S2 STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this SEPTEMBER- A.D., 19 92 , by and between CITY OF DENTON of the County of DENTON through LLOYD V. HARRELL 15 day of and State of Texas, acting thereunto duly authorized so to do, hereinafter termed "OWNER," and WILLIAM J. SCHULTZ, INC., DBA CIRCLE "C" CONSTRUCTION COMPANY P. 0. Box 40328, Fort Worth, TX 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 # 1412 - REPLACE MISCELLANEOUS WATER LINES 1991 AND PAYNE DRIVE WATERLINE (SECTION A & B) in the amount of $331,949.50 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 CA - 1 all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON ENGINEERING STAFF 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: ATTEST: AS TO FORM: ty Atto WILLIAM J. SCHULTZ, INC., DBA CIRCLE "C" CONSTRUCTION COMPANY CONC R By TRA-- Title WILLIAM J. SCHULTZ, PRESIDENT (SEAL) CA - 3 PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON 0 01 WILLIAM J. SCHULTZ, INC., DBA KNOW ALL MEN BY THESE PRESENTS: That CIRCLE "C" CONSTRUCTION COMPANY of the City of FT WORTH County of TARRANT , and State of TEXAS as PRINCIPAL, and SAFECO INSURANCE COMPANY OF AMERICA , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON as OWNER, in the penal sum of THREE HUNDRED THIRTY ONE THOUSAND NINE HUNDRED FORTY NINE and 50/100------- Dollars ($ 331,949.50 ) 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 15 day of SEPTEMBER 19 92 , for the construction of BID # 1412 - REPLACE MISCELLANEOUS WATER LINES 1991 AND PAYNE_DRIVE WATERLINE (SECTION A & B) in the amount of $331,949.50 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 56th Legislature, Regular Session, 1959, 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 DENTOx Texas. County, State of 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 anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 23RD day of SEPTEMBER 19 92 . I WILLIAM J. SCHULTZ, INC., DBA CIRCLE "C" CONSTRUCTION COMPANY Principal By WILLI J. S LTZ, Title PRESIDENT Address: P. 0. Box 40328 Fort Worth, TX 76140 4 ti (SEAL) SAFECO INSURANCE COMPANY OF AMERICA Surety SHERYL A. Title 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 Street, Fort Worth, TX 76111 NOTE: Date of Bond must not be prior to date of Contract. PB - 2 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 anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 23RD _ day of SEPTEMBER 19 92 , WILLIAM J. SCHULTZ, INC.,DBA CIRCLE "C" CONSTRUCTION COMPANY Principal By Title PRES DENT Address: P. 0. Box 40328 Fort Worth, TX 76140 (SEAL) SAFECO INSURANCE COMPANY OF AMERICA Surety "— SHER A. KL T S Title 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 Street, Fort Worth, TX 76111 PB - 4 PAYMENT BOND STATE OF TEXAS S COUNTY OF DENTON 5 WILLIAM J. SCHULTZ, INC., DBA KNOW ALL MEN BY THESE PRESENTS: That CIRCLE "C" CONSTRUCTION COMPANY of the City of FORT WORTH County of TARRANT and the State of TEXAS as principal, and SAFECO INSURANCE COMPANY OF AMERICA authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF DENTON , OWNER in the penal sum of THREE HUNDRED THIRTY ONE THOUSAND NINE HUNDRED FORTY WINE Dollars and 50ROO---- ($ 331.949.50 ) 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 15 day of SEPTEMBER 19 92 . BID # 1412 - REPLACE MISCELLANEOUS WATER LINE 1991 AND PAYNE DRIVE WATERLINE (SECTION A & B) in the amount of $331,949.50 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 56th Legislature, Regular Session, 1959, 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 anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Sur t e y have signed and sealed this instrument this 23RD _ day of SEPTEMBER 19 92 WILLIAM J. SCHULTZ, INC.,DBA CIRCLE "C" CONSTRUCTION COMPANY Principal By Title PRES DENT Address: P. 0. Box 40328 Fort Worth, TX 76140 (SEAL) SAFECO INSURANCE COMPANY OF AMERICA Surety SHER A. KL T S Title 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 Street, Fort Worth, TX 76111 PB - 4 MAINTENANCE BOND THE STATE OF TEXAS COUNTY OF DENTON COMPANY P KNOW ALL MEN BY THESE PRESENTS: as Principal, and WILLIAM J. SCHULTZ, INC., DBA That CIRCLE "C" CONSTRUCTION SAFECO INSURANCE COMPANY OF AMER =1 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 THTT2 V MRFF `rIe" — 'UN RED NINTY FOUR and 95/100 Dollars 0 33.194.95 ), 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.7COMPANY777 - __- has this day entered Into a written contract with the sa of Denton to build and construct BID # 1412 - REPLACEM WATER AND PAYNE DRIVE WATERLINE (SECTION A & B) in the amount of $331,9 .50 which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and; WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in MB - 1 accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each days failure on the part of said contractor to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be: a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. WILLIAM J. SCHULTZ, INC., DBA IN WITNESS WHEREOF, the said CIRCLE "C" CONSTRUCTION COMPANY as Contractor and Principal, has caused these presents to be executed by WILLIAM J. SCHULTZ, PRESIDENT and the said SAFECO INSURANCE COMPANY OF AMERICA as surety, has caused these presents to be executed by .its Attorney -in -Fact SHERYL A. KLUTTS and the said Attorney -in -Fact has hereunto set his hand this 23rd day of SEPTEMBER 19 92 SURETY: SAFECO IN U ANCE COMPANY OF AMERICA BY: SHERYL A. KLUTT Attorney -in -Fact PRINCIPAL: WILLIAM J. SCHULTZ, INC., DBA CIRCLE "9" CONSTRUCTION COMPANY WILLIAM J. SCHULTZ PRESIDENT MB - 2 ® POWER SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE SAFECO PLAZA SAFECO SEATTLE, WASHINGTON 98185 No. 7498 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA c.1•d GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint ----JOHN A. MILLER; SHERYL A. KLUTTS; STEPHEN K. BRAULICK; Ft. Worth, Texas --------- 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— 2n,d -- ---.— day of April . 19 91 CERTIFICATE 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 -tact 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 (h) 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, Boh A Dickey, 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 23rd day of September t9 92 S 17.1 Q W 3 B6 aa!NTID rq 11 S A 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- VZ2-'eVS"S 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 pars someter una queJa: Usted puede Ilamar all numero de telefono gratis de Is compania pare information o para someter una queJa al 1-800- --17U- Puede comunicarse con all Departamento de Seguros de Texas pare obtener Informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir at Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 DISPUTAS SOBRE PRIMA$ O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, dabs comunicarse con el agents o Is compania primero. Si no as resuelve Is disputa, puede emonces comunicarse con el Departamento de Seguros de Texas. UNA ESTE "ISO A SU POLIZA: Este aviso es solo para proposito de informacion y no as convierte an parts o condicion del documento adjunto. Ordenado por all 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 endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: o Each policy shall be issued by business in the State of Texas rating of at least A a company authorized to do with an A.M. Best Company o 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 Officials, agents, employees and volunteers; or, the CI - 1 contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. o Liability policies shall be endorsed to provide the following: 00 Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. oo 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. o All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non -renewal or reduction in coverage. o 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. o 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. o 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. SPECIFIC ADDITIONAL INSURANCE REQUIREMEMTS! 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: CI - 2 [X] General Liability Insurance: General Liability insurance with combined single limits of not less than $500,000 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: o Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. o Coverage B shall include personal injury. o 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: o 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. o Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurances Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than $1,000,000 per occurrence either in a single policy -or in a combination of underlying and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of operation, maintenance or use of any auto, including owned, non -owned and hired automobiles and employee non -ownership use. (ISO Form CA 0001 Current Edition) [X] Workrrs Comnensati_" 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 $500,00o policy limit for CI - 3 occupational disease. The "Additional Insured" but the rights of subrogation against employees and volunteers for by the Named Insured. CI - 4 City need not be named as an insurer shall agree to waive all the City, its officials, agents, any work performed for the City DEFINITIONS 1. ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to Worker's Compensation.) 2. NOTICE OF CANCELLATION: Each policy shall require that thirty (30) days prior to the cancellation, non -renewal, or any material change in coverage, a notice thereof shall be given to owner by certified mail. If the policy is cancelled for non-payment of premium only ten (10) days written notice to owner is required. 3. CONTRACTUAL COVERAGE: (Liability assumed by contract or agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverse side of this Certificate of Insurance under Comprehensive General Liability, must include a definition of coverage broad enough to provide coverage for obligations assumed by the contractor in the referenced contract. This Certificate of Insurance is provided as required by the governing contract. 4. CLAIMS MADE POLICY FORM: Required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract, plus one year (to provide coverage for the warranty period), and a extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period. 5. FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteration of City -owned or leased facilities). Insurance is to cover buildings, contents_ (where applicable) and permanently installed equipment with respect to property damage to structures or portions of structures if such damage is caused by the peril of fire and .due to the operations of the contractor. Limit of liability is to be a minimum of $500,000. 6. OWNER: The term owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual members, employees, and agents thereof in their official capacities, and/or while acting on behalf of the owner. CI - 6 ICATE OF� INSURANCE{ ISSUE GATE IMM/OD/YY) .w i.a ..N9/23/92 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND JOHN A. MILLER & ASSOCIATES, INC. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P.O. BOX 7214 POLICIES BELOW. FORT WORTH, TEXAS 76111-0214 COMPANIES AFFORDING COVERAGE 817-834-7111 817-834-7115 FAX LEETTERNYA ST. PAUL LLOYDS INSURANCE COMPANY INSURED COMPANY LETTER 8 ST. PAUL FIRE & MARINE INSURANCE COMPANY WILLIAM J. SCHULTZ, INC. DBA COMPANY C CIRCLE "C" CONSTRUCTION COMPANY_, et al LETTER THE ST. PAUL INSURANCE COMPANY P.O. BOX 40328 COMPANY D FORT WORTH, TEXAS 76140 LETTER COMPANY E LETTER y„ e�,5 x-•, ry, ,r COVERAGES;. ..:=ic.:''�d: �:'`,;;`..f. ��ik� _ .. 'fi`i.. °f>, Y' s<iE �, #- '• £�ql Yt� 4;�`-' .:i���' _ S: .L`+iS`�F'...i'+r 't, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ' INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE! POLICY EXPIRATION LIMITS DATE (MM/DD/YY) '; DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY 0691NJ2210 8-12-92 1 8-12-93 PRODUCTSCOMP/OPAGG. i$z,000,OOO CLAIMS MADE X .00CUR. PERSONAL 8 ADV INJURY i $ 1,000,000 OWNER'S 8 CONTRACTOR'S PROT. EACH OCCURRENCE i $ 1,000,000 X INCLUDES CONTRACTUAL I FIRE DAMAGE (Any one tire) $ 50,000 j MED. EXPENSE (Any one person) $ AUTOMOBILE LIABILITY I COMBINED SINGLE B ' X ANY AUTO 0691NJ2210-1 ' ! LIMIT $ 1 ) 8-12-92 1 8-12-93 '.:.-_.._.__.- ._... ._...._ 1.,0001000 ALL OWNED AUTOS - I ' BODILY INJURY + SCHEDULED AUTOS (Per person) $ HIRED AUTOS 'BODILY INJURY $ X. NON-OWNEO AUTOS (Par accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ 2,000,000 G X UMBRELLA FORM 0691NJ2210-2 8-12-92 8-12-93 AGGREGATE $ 2,000,000 _. OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION � - STATUTORY LIMITS AND EACH ACCIDENT $ - ... . EMPLOYERS' LIABILITY DISEASE —POLICY LIMIT $ DISEASE —EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS PROJECT: BID # 1412 - PAYNE & PEAK STREET - WATER & SEWER (SECTION A & B) CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED ON THE ABOVE POLICIES CE TIFICATE,HOLDEp,; . .....-,,,,,:.,�.�y., ,., }, ,.,,.y. ..: .. ,, ., .F+:>•~._._ �ix.`rZ:a,S SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF DENTON, TEXAS { EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO ATTN: PURCHASING AGENT: MAIL30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 901-B TEXAS STREET LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR DENTON, TEXAS 76201 (; LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. [`. AUTIrPIZED REPRESENT TIVE 'ACORD'25=S'(7%90) - 0 UU1- O-UC HUN 1UIg0 jl.ACHDR10. C%ERTIF I PRODUCER F. 2 ISSUE DATE (MMIODIYV) CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS C DOES McCollum, Miller & Lovelace, Inc. POLICESBELOEWD,EXTEND ORALTER THE COVERAGE AFFORL 2301 E Lamar Blvd, Suite 300 Arlington, TX 76006 COMPANIES AFFORDING COVERAGE COMPANY (817) 640-7888 LETTER A Petrosurance Casualty Company COMPANY INSURED LETTER B Circle 'ICB Construction CO. COMPANY LETTER C P O Sox 40328 Ft. Worth, TX 76140 COMPANY LETTER D COMPANY E... LETTER 'A I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED'IIELOW HAVE BEEN ISSUED.TO THE INSURED NAMED ABOVE POR THE11 F INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 1 CERTIFICATE ,MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO At EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE(MMIDDIYY) DATE;MMIDIWYY)LIMITS, COMMIERC:AL GENERAL LIA91 TY CLAIMS MADE OCCUR. OVRIER'6 & CONTRACTOR'S FROT IMOBILE LIABILITY ANY ALTO ALL OWNED AJTQS SCHEDULED ALTOS HIRED AUTOS NON.OWNED AUTOS GARAGE LIABILITY '.55 LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORA+ WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY WC 42-911115-02 i GENERAL AGGREGATE S PRODUCTS-COMPIOP AGG. S PERSONAL S ADV, INJURY S EACH OCCURRENCE S FIRE DAMAGE (Any one We) S MED, EXPENSE (Any one po'son) S COMB+NED SINGLE LIMIT S - BODILY INJURY S (Per person) BODILY INJURY $ (Pee OnIdent) 9-10-92 9-10-93 I PROPERTY DAMAGE S AGGREGATE'`,V� S I SIAIUTORY LIMITS EACH ACCIDENT S DISEASE —POLICY LIV'T S DISEASE —EACH EMPLOYEE S Project: Bid #1412-Payne & Peak Streets - water & Sewer (Section A & B) City of Denton, TX Attn: Purchasing Agent 901-B Texas Street Denton, TX 76201 THE TERMS, 500,000 500,000 500,000 SHOULD ANY OF THE ABOVE OESCRIBED POLIQIt:S DE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL -+3. o DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES IUTHORREDA PR IVE Charles R. Lovelace ACORD 25-S 0ACORD CORPORATION 1090 Replace Misc. Water Lines 1991 WORK DAYS 65 BID NO. 1417 PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 2.12-A 6" Water Line 7,148 LF $ S LF as y 00 /G083D 2.12-B 12" Waterline (far Casing) 40 LF $-O oo /LF 00 /070 0 2.12-D 6" Ductile Iron Water Line 82 LF $ I?G Oo /LF I? /J� 00 2.16 Water Service 158 EA $300 66/EA y7,/O000 2.13.1-A 6" Gate Valve 18 EA $3s0 pO/EA /,,,0000 7.6-A 4 Man Hole (4 feet deep) 3 EA $ l5^0 p6/EA o?p S0 00 2. 14-A Fire Hydrant 7 EA $ /SOO or) 00 /D.SOd o0 3.B Remove Curb & Gutter 76 LF $ J1 00 /LF ao28 60 8.2-A Concrete Curb & Gutter 76 LF S /s 66/LF //,YD D0 SP-2 Saw Cut Concrete 76 LF $ 60 /LF /sue 6 0 6.4 12" Bore 82 LF $ ��c p0 /LF 5270 O 6 SP-40 Cut & Plug Existing Water Line 19 EA $�v`�00 SEA y7SO00 SP-37 Excavation Protection 500 LF $ ,-5-0 /LF 1.21 Contractors Warranties and Understandings - LS �" S S�SO0 l LS y�OO o a SP-10 Rock Excavation 50 CY $ /0 ao/Cy 5-0 p ° L SP-41 Sawcut Asphalt 10,608 LF $ 00 /LF O 3.1 Preparation of Right-of-Way/00 - LS $ /00 p0/LS p 0 SP-39 Project Signs 2 EA $ /00o6/EA p 0 GO 8.1 Barricades, Warning Signs and Detours - LS $ /00000 /000 0 0 2.12.8 Cast Iron Fittings 1,500 LB $ / 00 /LB Od /SOO 2.12-C 6" SDR 26 Sanitary Sewer 120 LF $ �O 6-0 /LF 0 0 �Y00 P - 3 Replace Misc. Water Lines 1991 (Continued) BID NO. 1412 PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Materials incorporated into project plus labor c Other Total P — 4 "Payne Drive Water Line WORK DAYS 30 BID NO. 1412 PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 2.12-B 12" Water Line 1,336 LF $ a °6 /LF °O V00o o 2.12-E 12" Ductile Iron Pipe 99 LF $ j� o '/LF OG 0 �Gs 2.14-B Fire Hydrant Connection 1 EA $ 75-000/EA %j O °O 1 EA $ %j 0 /EA o 0 2.13.1-B 12" valve 2.14-A Fire Hydrant 2 EA 00 $ /SOO /EA 3000 ° 99 LF $ !/S 06/LF 6.4 20" Bore SP-40 Cut and Plug Existing 1 EA 00 S7,50 /EA ° O Water Line ° b SP-41 Sawcut Asphalt 2,574 LF S / °O /LF 1.21 Contractors Warranties and - LS $/OOO�o/LS oG /000 Understandings SP-10 Rock Excavation 200 CY _ $ 7c5 O /CY /�00 0 3.1 Preparation of - LS $ /00 0'0/LS /'00 ° 6 Right -Of -Way co O° SP-39 Project Signs 2 EA $ /00 /EA ";�'00 8.1 Barricades, Warning Signs, - LS $ /0000o/LS O /ODO ° and Detours 00 2.12.8 Cast Iron Fittings 1,600 LB $ / p0 /LB 00 SP-37 Excavation Protection 1,331 LF $ f4 /LF //� to lv lsO $,i'/890 8 Materials incorporated into project plus labor S3ySy�s other S/oly 5'3R5 Total P - 5 Peak Street Sanitary Sewer WORK DAYS 30 BID NO. 1412 PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 2.12-C 8" Sanitary Sewer (SDR26) 482 LF $ gop6 /LF 2. 12-D 8" Sanitary Sewer (SDR35) 958 LF $ -5 ;' `5 O/LF 2.12-E 6" Sanitary Sewer 95 LF $.j p 0 /LF 0G WS-11 Sewer Service 34 EA $ e,5-0'90/EA /00 OC) 7.6-A 4' Concrete Manhole 5 EA oa $ /o o /EA 00 '�'000 7. 6-B 4' Drop Manhole 1 EA $�O00 /EA 00 � ODO 7.6-D 5' Drop Manhole 1 EA $�,Spp0/EA A.SDO0 SP-8 Abandon Manhole 3 EA $ �/0000/EA 7.6-C Rebuild Manhole 1 EA q S /0000/EA /000 00 3-A Remove Concrete Pavement 9 SY $ /0 00/SY c/O 00 SP-2 Sawcut Concrete 24 LF $ o/LF y8 00 SP-41 Sawcut Asphalt 4,122 LF $ / ° o/LF 5�j��? p0 5.8 6" Concrete Pavement 9 SY j O/SY �9� SO 7.4.5 Class A Concrete 1 CY $ %S O%CY 7s-00 to SP-4 Lower Water Lines 4 EA $,,�0000 /EA 8000 SP-37 Excavation Protection 950 LF $ / O /LF O 95 O 0 1.21 Contractors Warranties and - LS $, 500 0 /LS 0 60 understandings 8.1 Barricades, Warning Signs, - LS $ /0p0/LS /0 Or)aU and Detours SP-10 Rock Excavation 50 CY $ /0 06 /CY ,.500 0 0 SP-39 Project Signs 2 EA $�00� /EA i/O00G 3.1 Preparation of - LS $ /00 '%LS /OO 0 0 Peak Street Sanitary Sewer (Continued) BID TABULATION SHEET WORK DAYS 30 BID NO. PO NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Materials incorporated into project plus labor 00 S.5-1/0/3 Other $S/O/ %'s1 Total S P - 7 BID SUMMARY REPLACE NMCELLANF.OUS WATER LINES 1991 TOTAL BID PRICE IN In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump -sum prices as shown for each item listed in this proposal, shall control over extensions. (��//.a.n ✓ .Sclu /fir// .1nc�a���c. CONTR/AC70R BY .5 o /--' %Q mrrr e Sf Street Address City and State Seal & Authorization (if a Corporation) Telephone B - 1 BID SUMMARY PEAK STREET SANITARY SEWER TOTAL BID PRICE IN WORDS oar //11,4 �vt iln.isa.�"/ 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. /1 d�a CONTRACTOR BY G/L�G� /r io.S//Ytn f SOO 4-1 Ta mm n // Street Address /, of f �oi/,IX, 70 -a S City and State each item listed in this Seal & Authorization (If a Corporation) 7 ,�7 Telephone B - 2 BID SUMMARY PAYNE DRIVE WATER LINE TOTAL BID PRICE IN In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump -sum prices as shown for proposal, shall control/ over extensions. Z')11I/4i17 /C �O (,/i G/ 17, to Z; CONTRACTOR BY'/' L _150 Z,, Ta 117,17// �, f G L41 Street Address each item listed in this City and State Seal & Authorization (If a Corporation) 11�1 %51- Telephone y B - 3