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HomeMy WebLinkAbout1987-0980923L AN ORDINANCE ACCEPTING AWARD OF CONTRACTS FOR FOR THE EXPENDITURE OF EFFECTIVE DATE COMPETITIVE BIDS AND PROVIDING FOR THE PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FUNDS THEREFOR, AND PROVIDING FOR AN WHEREAS, the City has solicited, received and tabulated cometitive ic improvements bids econstruction accordance with the procedures of state works and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therefore, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications attached hereto are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR 9745 Bill Hazelwood, Inc Part III Only AMOUNT $134,846 36 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 ts such person shall pcomply nherein with all requirements accepted n mentsspecified approved, in the1Notice 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 ooh accordance withthebidsaccepted and works andapproved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specitications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the Znd day of June, 1987 RAY S iENS, MAYOR CITY DENTON, TEXAS ATTEST JEN E W T S, CITY SE ARY CITY DE ON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVIrCH, CITY ATTORNEY CITY OF DENTON, TEXAS Y BY i& PAGE TWO DATE June 2, 1987 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID# 9T45 - PART III T I SANITARY SEWER RECOM11ENDA ION We recommend this bid be awarded to the low bidder Bill Hazelwood, Inc of Sherman, Texas at the low bid price of $134,846 36 SUMMARY This is a part of the bid issued and received for the com- pletion of water and sewer projects for and in conjunction with Texas Instruments This section or part III is for the sewer line installation by the City of Denton The low bidder is also the low bidder on Part II Sewer Line to be built by Texas Instruments and participated in by the City of Denton BACKGROUND Tabulation Sheet Public Utility Board Minutes PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED This project would need to be completed in order to be able for the tie in of sewer line to be completed by Texas Instruments FISCAL IMPACT Utility Department There is no additional impact on the General Fund Respectfully submitted Lloyd V Harrell City Manager Prepared by me J Marshall, C P M itle purchasing Agent Approved p -'2- am hn J Msrshall' C P M Title Purchasing Agent W N r 1 I i 1 I 1 � I 1 I m U m m a i i s ® ® ® m I I ~ p 1 p I 1 N N W I I 1 z 1 r O N Nm ✓ 1 t; 3 ~ G ? 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P N 1� 1 1 1 �•' ^T UI I 1 1 1 < 1 1 m I 1 Z I I C 1 I O I 1 � I 1 1 1 1 LATE May 26�" PUBLIC UTILITIES BOARD AGENDA ITEM TO CHAIRMAN•AND MEMBERS OF THE PUBLIC UTILITIES BOARD FROM' R E Nelson, Executive Director of Utilities SUBJECT CONSIDER BID OPENING, BID N9745, FOR TEXAS INSTRUMENTS, INC , PART III, SANITARY SEWER LINE RECOMMENDATION The Staff recommends approval of Bid N9745, Texas Instruments, Part III, Sanitary Sewer, in the amount of $134,846 36 SUMMARY Bids were opened April 23, 1987, and the results are shown in Exhibit I The entire Texas Instruments project was bid as one proposal, although the bid proposal broke the contract into three parts for bidding purposes The Staff is recommending the lowest cost for Part III, Sewer, in the amount of $134,846 36, from Bill Hazelwood, Inc The Part I, Water Oversize, and Part II, Sewer Oversize, portions of the contract are covered for bid acceptance under a separate item BACKGROUND This 189 5 acre development is located north of US 77 and south of proposed Loop 288 between Riney Road and Bonnie Brae The Part I and Part II portions of the contract are oversized with the City of Denton The Part III, Sewer, portion of the contract is to be totally constructed by the City of Denton This 2448 LF of 24" sewer line is from Greenbriar Street to Crescent Street It has been scheduled in the FY 1988 Capital Improvement Plan at an estimated cost of $225,000 The 24" sewer line capacity is necessary to accommodate the large sewage basin requirement of the area PROGRAMS DEPARTMENTS OR GROUPS AFFECTED The City of Denton, Denton Municipal Utilities, Citizens, present/future developers, Purchasing Department 4896U 7 FISCAL IMPACT 2448 LF of 24" sewer line @ $5S 08 /LF $134,846 36 Source of Funds Sewer Bonds 624-008-0471-9138 Respectfully submitted Nelson, xec erector Department of Utilities Prepared by c, q) =14V cot a Vsac Engineering Technician Approved by c 0--- *4---- C David am, Director Water/Wastewater Divisions EXHIBITS I Bid Summary II Location Map 4896U 8 BID SUMMARY Difference Total (City Portion) T I Portion Bill Hazelwood, Inc Part I Water $126,514 75 $ 46,032 45 $ 80,482 30 Part II Sewer 254,491 35 58,545 11 195,946 24 Part II Drainage 27,966 40 0 27,966 40 Sub -Total $408,972 50 $104 577 56 $304,394 94 Part III Sewer 134,846 36 134 846 36 1 0 Total $543,818 86 $239,423 1-owE57' T3i0 92 $304,394 94 Jay -Mar Part 1 Water $125702 00 $ 44,227 00 $ 81,475 00 Part II Sewer 280:956 50 66,227 50 214,004 00 Part II Drainage 37,002 00 0 37,002 00 Sub -Total $443,660 50 $111,179 50 $332,481 00 Part III Sewer 145,613 50 145,613 50 0 Total $589,274 00 $256,793 00 $332,481 00 Dickerson Part 1 Water $132,316 00 $ 35,720 00 $ 96,596 00 Part II Sewer 313,305 50 59,795 00 253,510 50 Part III Drainage 27,751 50 0 27,751 50 Sub -Total $473,373 00 $ 95,515 00 $377,858 00 Part III Sewer 152,068 75 152,068 75 0 Total $625,441 75 $247,583 75 $377,858 00 Atkins Brothers Part I Water S143,731 00 $ 55 923 50 S 87,807 50 Part II Sever 334,060 00 72,655 00 261,405 00 Part II Drainage 65,306 50 0 65,306 50 Sub -Total $543,097 50 $128,578 50 $414,519 00 Part III Sewer 204,018 00 204,018 00 0 Total $747,115 50 $332,596 50 $414,519 00 E L Dalton Part 1 Water $172,545 25 $ 43,531 00 $129,014 25 Part II Sewer 452,208 85 103,915 05 348,293 80 Part II Drainage 50,524 60 0 50,524 60 Sulk -Total $675,278 70 $147,446 05 $527,832 65 Part III Sewer 291,667 80 291,667 80 0 Total 5966,946 50 $439,113 85 $527,832 65 Calvert Paving* Part 1 Water $155,620 00 $ 57,100 00 $ 98,520 00 Part II Sewer 314,966 00 38,365 00 276,601 00 Part iI Drainage 38,108 00 0 38,108 00 Sub -Total $508,694 00 $ 95,465 00 $413,229 00 Part III Sewer 146,512 00 146,512 00 0 Total $655,206 00 $241,977 00 $413,229 00 * Rock Clause Added SLavw ISLOS0787019 Exhibit ■tea. I���`.rtr3:7► � 011V AC. 7 Woo1>�1 6 •. CONTRACT AGREEMENT STATE OF TEXAS )( COUNTY OF DENTON ) ( THIS AGREEMENT, made and entered into this Sth day of Jung _ _ A.D. , 19 87 , by and between THE CITY OF DENTON, TEXAS of the County of DENTON and State of Texas, acting through _Ljoyd V. Harrell, City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and BILL HAZELWOOD, INC. _ P.O. BOX 274 SHERMAN, TEXAS (210892-4019 of the City of SHERMAN County of GRAYSON and state of TEXAS , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: BID# 9745 - T.I. SANITARY SEWER PART III PURCHASE ORDER # - 78904 in the amopnj of $134.846.36 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 said construction, 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 other drawings and printed or CA-1 0044b written explanatory matter thereof, and the Specifications therefore, as prepared by mETRoPLEx ENGINEERING BY GRFc. FDWARDS FOR Ti_ ANp___ THE CITY OF DENTON, TEXAS I , all of which are made a part hereof and collectively evidence and constitute the entire contract. 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. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. i LT 5- SECRETARY ATTEST: APP • AS TO FORPf: City Attorney CA-2 0044b CITY OF DENTON, TEXAS— - Party of he First P rt, Olzi B9��v LLOYD V. HARRELL CITY MANAGER (SEAL) RILL HA F WOOD, IN Party of the/Second Part, CONTRACTOR By / w '-Title Azeiwood, President (SEAL) Bond. Issued in Five Duplicate Originals. Bond #LB 19206 PERFORMANCE BOND STATE OF TEXAS )( COUNTY OF Collin )( KNOW ALL MEN BY THESE PRESENTS: That Bill Hazelwood, Inc., P.O. Box 274, of the City of Sherman County of Grayson , and State of Texas as PRINCIPAL, and Chilton Insurance Company and Fairmont 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, Texas as OWNER, in the penal sum of One hundred thirty four thousand, eight hundred forty six dollars & no/100---Dollars (t 134,846.00 ) 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 5th day of June , 19 87 , for the construction of BID4/ 9745 - PART III T.I. SANITARY SEWER INSTALLATION 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 Ilantnn 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 8th day of June , 19 87• 11 Hazelwood Principal By Title L7 Address P.O. Box 274 Sherman, Texas 75090 Chilton Insurance Company and Fairmont -- Surety Insurance Company 1 L. Humphr Title Attorney -in -Fact Address 101 E. Park Blvd., Ste. 1021 Plano. Texa (SEAL) I(SEAL) The name and address of the Resident Agent of Surety is: V.R. Damiano, Jr., Agent's Bond Connection Agency, Inc. 101 E. Park Blvd.. Suite 1021, Plano. Texas 75074 NOTE: Date of Bond must not be prior to date of Contract. P B-2 0091b Bond Issued in Five Duplicate Originals Bond R B 19206 PAYMENT BOND STATE OF TEXAS COUNTY OF Collin )( KNOW ALL MEN BY THESE PRESENTS 274 of the City of Sh County of Grayson and State of Texa Insurance COmDanv and Fairmont Insurance Compa That Bill Hazelwood, Inc., P.O. Box as principal, and Chilton - 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, TEXAS OWNER, in the penal sum of One hundred thirty-four thousand eight hundred forty-six dollars & no/100------------ Dollars ($ 134,846.00 ) 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 5th day of June , 19 87 BID# 9745 - T.I. SANITARY SEWER PART III - $134,846.36 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 8th day of June Bill Hazelwood, Inc. Principal By Title Address P.O. Box 274 Sherman, Texas 75090 19 87 . Chilton Insurance Company and Fairmont Surety Insurance Company AMU Ch r 1 L. Humphrey Title Attorney -in -Fact Address 101 E. Park Blvd., Ste. 1021 Plano, Texas 75074 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: V.R. Damiano, Jr.. Agent's Bond Connection Agency Inc. 101 E. Park Blvd., Suite 1021, Plano, Texas 75074 PB-4 0092b bond .Issued in Five Duplicate Originals Bond /lLB 19206 MAINTENANCE BOND STATE OF TEXAS )( COUNTY OF Collin )( IQ%IOW ALL MEN BY THESE PRESENTS: THAT Bill Hazelwood, Inc., Sherman, Texas as Principal, and Chilton Insurance Company and Fairmont 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 Thirteen thousand four hundred eight -four dollars Dollars 13,4g4_DD , 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 obligaticn is conditioned, however, that: WHEREAS, said Bill Hazelwood, Inc. has this day entered into a written contract with the said City of Denton to build and construct BID# 9745 T I SANITARY CFWFR PART ITI fnr $134 g4r On 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, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure 'or. the part of said Contractor to comply with the terms and provisions of said contract and this bond. NE-1 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 Bill Hazelwood, Inc., P.O. Box 274, Sherman, Texas 75090 as Contractor and Principal, has caused these presents to be executed by Agent's Bond Connection Agency, Inc. and the said Chilton Insurance Company and Fairmont Insurance Company as surety, has caused these presents to be executed by its Attorney -in -Fact Cheryl L. Humphrey and the said Attorney -in -Fact has hereunto set his hand this 8th day of June , 1987 SURETY: Chilton Insurance Company and Fairmont Insurance Company BY: 1V Cheryl Lpumphrey'�� Attorney -in -Fact 0093b PRINCIPAL: Bill Hazelwood, Inc. MB-2 Bond #LB 19206 CHILTON INSURANCE COMPANY Dallas, Texas Issued in Five Duplicate Originals POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That CHILTON INSURANCE COMPANY, a Texas corporation, does hereby make, constitute and appoint --- ----- ------ ----------------- CIiIItYL L. HLZT REY------ PLANO, as its true lawful Attomey(s)-in-Fact, with fu I I power and authority, for and on behal f of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is requ iced, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature therof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, and to bind CHILTON INSURANCE COMPANY thereby, and all of the acts ofsaid Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.' This appointment is made under and by authority of the following Bylaws of the Company, which Bylaws are now in full force and effect: ARTICLE V, Section 15, ATTORNEYS -IN -FACT AND AGENTS. The chairman of the board, the president, the vice -president, the chief manna otticer. or the secretaryor the corporation may appoint attorneys -in -fact or agents with power and authority, as defined or limited in their respective powers of attorney. for and on behalf of the corporation to execute and deliver• and affix the seal of the Corporation thereto• bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and any of said officers may remove any such attorney -in -fact or agent and revoke the power and authority given to him or her. ARTICLE V. Section 16. AUTHORITY TO BIND. Any bond• undertaking, recognizance, consent of surety or written obligation in the nature thereof shall vat —ana binding upon the corporation when signed by the chairman of the board, the president, the vice president, the chief financial officer. or the secretary,of the corporation and duly attested and sealed, J a seal is required, by the secretary or assistant secretary, or shall be valid and binding upon the corporation when duly executed and sealed, if a seal is required, by a duly authorized anomey-in-fact or agent, pursuant to and within the limits of the authority granted by his or her power of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CHILTON INSURANCE COMPANY at a meeting duly called and held on the 12th day of April, 1985. RESOLVED that the signature of any officer authorized by the Bylaws, and the seal of the corporation, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizances consent of surety or other written obligations in the nature thereof; such signature and seal, when so used, being hereby adopted by the corporation as the original signature of such officer and the original seal of the corporation, to be valid and binding upon the corporation with the same force and effect as though manually affixed. IN WITNESS WHEREOF, CHILTON INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 16th day of April, 1985. CHILTON INSURANCE COMPANY By Si ture Henry F. right, Vice resident ennve .n U 5 A Bond AB 19206 PA1111ti INSURANCE CUA11rANY Burbank, California Issued in Five Duplicate Originals. POWER OF AT"1'011N61' FNOtt' At,[. KIEN BY THESE PRESENTS: That FAIRMONT INSURANCE COMPANY, a California Corporation, does hereby make, constitute and appoint ------ —--- —------------------------------- C7IERYL L. IIUMI'IMEY---- ------------- PLANO,TEXAS ------------------ —---- ----------- as its true lawful Attorncy(s)-in-Fact, with full power and authority, for and on behalf of the Companyas surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature therof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, and to bind FAIRMONT INSURANCE COMPANY thereby, and all of the ads of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following Bylaws of the Company, which Bylaws are now in full force and effect: ARTICLE IV, Section 13. ATTORNEYS -IN -FACT AND AGENTS. The chairman of the board, the president, the vice president, the chief manna officer. or the secretary o the corporation may appoint attomevs-in-fact or agents with power and authority, as defined or limited in their respective powers of anornev, for and on behalf of the corporation to execute and -deliver, and affix the seal of the Corporation thereto, bonds, undertakings, recogn Izances. consents of surety or other written obligations in the nature thereof and any of said oficers may remove any such attomey-in-fad or agent and revoke the power and authority given to him or her. ARTICLE IV, Section 14. AUTHORITY TO BIND. Any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall vat an binding upon the corporation when signed by the chairman of the board, the president. the vice president, the chief financial officer, or the secretan• of the corporation and duly attested and sealed, if a seal is required, by the secretary or assistant secretary. or shall be valid and binding upon the corporation when duly executed and scaled, d a seat is required, by a duly authorized attomey-in-fact or agent, pursuant to and - within the limits of the authority granted by his or her power of attomey. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting duly called and held on the 4rd _day of October, 1983: - RESOLVED that the signature of any officer authorized by the Bylaws, and the seal of the corporation, vuy be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undenaktn , recognizance consent of surety or other written obligation in the nature thereof; such signature and seal, when so used, being hereby adopted by the corporation as the onginal signature of such officer and the original seal of the corporation, to be valid and binding upon the corporation with the same force and effect u though manually affixed. IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March of 1985 ex. APR. 10 A = a •% 1970 ; 2; s� s W FAIRMONT INSURANCE COMPANY By . W �c Signature Henry F. Wright, Vi� Presiden'- r....— ._ 1, 1 . INSURANCE CERTIFICATE This is to certify that the policy or policies listed below have been issued to !PCnamed insured and are in force as of the date of this certificate. This Certificate shall remain in effect until the listed expiration date, if any, or until days after written notice is mailed to the certificate holder, Whichever date shall first occur. -�'0 This certificate is not an insurance policy and does not amend, alter or extend coverage afforded by the policies listed. 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 listed is subject to all the terms of such policies. NAME AND ADDRESS OF CERTIFICATE HOLDER EFFECTIVE DATE OF THIS CERTIFICATE may 8 1987 ISSUED AT Sherman, Texas City of Denton ' Purchasing Department Texas Em PLOYeRS Attn: John Marshall InsURance ASSOCIaTIon 901B Texas Street Texas EmPLOYeRS InctemnlTY company Denton, Texas 76205 _ EmPLOYeRS casuaLTY company NAME AND ADDRESS OF INSURED EMPLOYeRS NaT10nal- - In SURance company EMPLOYERS CaSUOILTY Bill Hazelwood, Inc. cORPORaTIOn P.O. BOX 274 EMPLOYeRS NaT1OnaL Sherman, Texas 75090 InsuRance cORPORaTIOn Em PLOYeRS OF Texas ' LLOYD'S ' BY ((`AvrJryO"Zed RepCesenlative) //�jr (Signed) Y'�--'( ,` �i'�-rr—u/ (Typed) Bob Sims Dist. Mgr. INSURANCE IN FORCE Ee rian LVAIIS OF HAB LITY NO_t C55 THAN EmF r n ['ah Areidem Or Agpree^t^ Oats STATE AND LOCATION OF OPERATIONS Kind Policy Nmnber P.rlv,Ii PI •.� n r.l P^o.r rr^drrl n. Item 1 Covem a Fully C.rn I es Will, Rcq drrmrnn of ' Pan l In.ns 'IJ I:ers' Con.perr wrryr 1nw E o 02693 06-04-88 - nr.•o„ Only c Only STATE OF TEXAS a E 3 Coverage Parr It And Peneaal II 134•^0: - l`�UQUUU * Thereof So. Item 3 Cowi age --- -- Fully Complies With Ce9ui.e:cen Pert I of 5:nlc lu•.v oa 1) seas' Only pi"ow Only s a d. Cove mge Part II And Renewal IF Munk - S100,000 $100,U(r) 7500,000 3 Thereof See Heading _ I_$ X, I 500, 000 P-1.rls only U.S.A., ITS TERRITORIES OR ate 6-6 8^I'rrry 1L6345** —_— P. And en' al It Lilo.. It - CDIi bng " Iled Si a Lfmit POSSESSIONS AND GNADA Property 6 u e Damage Thereof See He..ding 1_Y X Item 4 r Bodily Injury 605691 ---- �• SDD, ODD Cc�mbineCl a NO _ Applia•ble U.S A.. HS TERRITORIES OR o ° a° d o And Renew°I If Bork - S POSSESSIONS AND CANADA Property Ills Limit Nol Demage Thereof See Needing XX x_ .Applicable Item 5 b S b UMBRELLA 654778 04-01-88 1,1100,U0 _XX An al Thereof See H'ndh.g 5 Item A S $ S And Renewal If Munk Thereof See Heading REMARKS *Excludes Masters & Members of: the Crews of Vcssels **Policy Includes Blanket Contractual., Products & Completed Operations TECO 17993 (4-1 8d) PROPOSAL Texas Instruments Addition The following Proposal is hereby made to Texas Instruments "Texas Instruments, Incorporated. P.O. Box 225214, NIS 399 Dallas, Texas 75265 In the City of Denton, Denton County, Texas Undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the form of contract, Notice to Contractors, specifications, and the plans therein referred to, and has carefully examined the locations, conditions and classes of materials of the proposed work; and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed therein and according to the requirements of the Engineer and the City of Denton as therein set forth. It is agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work as fully as planned and contemplated and that all quantities of work, whether increased or decreased arc to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that the lump sum prices cony be increased to cover additional work ordered by the Engineer, but not shown on the plans or required by the Spccificntions, in accordnncc with the provisions of the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. P/ It is understood and agreed that the work is to be completed in two sections. Section One will be Part 1 water main facilities which arc to be completed within 60 calendar days of the award of contract. Section Two will be Part 11 sanitary sewer and drainage facilities and Part III sanitary sewer facilities which are to be completed within 225 calendar days of the award of contract. Liquidated damages in the amount of $315.00 per working day will be assesses if the Contractor fails to complete the work for either Section I or Section II on time. Although the proposal is set up in three parts, it is the intent of the owner to award the entire contract as one unit. The sections are set up to facilitate early completion of the public water system, which is needed to facilitate on site construction. The parts and alternates are set up to define the amount of City of Denton participation in the construction of the public systems In the event of the award of a contract to the undersigned, the undersigned will furnish: (1) A performance bond for the full (1001b) 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. (2) A payment bond for the full (100%) amount of the contract to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract. (3) A certificate of insurance in the amount rcquircd by the City of Denton, Texas, and (4) A twelve (12) month maintenance bond in the amount of ten percent (10%) of the contract amount prior to acceptance and final payment for construction. the Contractor also agrees to enter into the required three-way contract with the City of Denton before beginning construction. 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 and the City of Denton. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. NOTE: To facilitate a fair and equitable bidding process, we would ask that all bid items be filled out in accordance with the specifications. Any informality in the bidding process which prohibits equitable evaluation in the bid will be cause to reject that bid. Should bid prices on any items be omitted, the right is reserved to apply the lowest prices submitted by any other bidders for the omitted items in payment for work done under this proposal. P2 PART III SANITARY SEWER FACILITIES Item 12-inch sewer pipe, 6-8 feet deep 24-inch sewer pipe, 0-6 feet deep 24-inch sewer pipe, 6-8 feet deep 24-inch sewer pipe, 8-10 feet deep 24-inch sewer pipe, 10-12 feet deep 24-inch sewer pipe, 12-14 feet deep 12-inch concrete encasement 24-inch concrete encasement 24-inch aerial crossing Bore under U.S. 380 (30-incl sings) Ip Standard manholes Extra -depth manholes Patch existing pavement TOTAL Sanitary Sewer Facilities Unit Price 1 jZ 3 $/LF 7.i $/LF e-6 _$/LF L,7hu $/LF 3Z., $/LF ZfTi $/ca r/O_$/LF $/LF P8 Quantity 43 LF 450 LF 195 LF 445 LF 395 LF 920 LF 20 LF 450 LF Lump Sum Lump Sum Extension sY..5f $ 1:C' 8ca $ Z�' d-Oo 33 LF $ c.' 1640 LF $/J $j3496.3G Receipt is hereby acknowledged of the following addenda to the contract documents: Addendum No. 1 dated Received Addendum No. 2 dated Received Addendum No. 3 dated Received Addendum No. 4 dated Received Addendum No. 5 dated Received The undersigned understands and agrees that the OWNER reserves the right to reject any or all Proposals or to waive any formality or technicality in any Proposal in the interest of the OWNER except as specifically limited by the terms of the Contract Documents or applicable laws or Governmental Regulations. The Above Proposal Is Hereby Respectfully Submitted By: f' O. 0("K a? 7//- oZ 1 rl - g!7��OZ7— BUSINESS ADDRESS TELEPHONE NUMBER vrif,0XM Ah r r fs 7.r0 9e CITY STATE ZIP CODE P9