HomeMy WebLinkAbout2009-020FILE REFERENCE FORM 1 2009-020
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILES Date Initials
Change Order No. 5 is attached 06/01/11 JR
ORDINANCE NO. �2009-
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE ROSELAWN 2.5 MG CAPACITY
ELEVATED WATER STORAGE TANK; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4207-AWARDED TO THE
LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, LANDMARK STRUCTURES
I, L.P. IN THE AMOUNT OF $5,146,000).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
4207 Landmark Structures I, L.P. $5,146,000
SECTION 2. The acceptance and approval of the above competitive bids shall not constitute
a contract between the City and the person submitting the bid for construction of such public works
or improvements herein accepted and approved, until such person shall comply with all requirements
specified in the Notice to Bidders including the timely execution of a written contract and furnishing
of performance and payment bonds, and insurance certificate after notification of the award of the
bid.
SECTION 3. The City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. 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 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the M — day of �� ,2009.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
CONTRACT AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT, made and entered into this 131h day of January, A.D.. 2009, by and
between City of Denton of the County of Denton and State of Texas, acting through George C.
Campbell, thereunto duly authorized so to do, hereinafter termed "OWNER," and
Landmark Structures I, LP
1665 Harmon Road
Fort Worth, Texas 76177
of the City of Fort Worth, County of Tarrant and State of Texas, hereinafter termed
"CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds
attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete
performance of the work specified below:
Bid No. 4207-Roselawn Elevated Storage Tank
in the amount of $5,146,000.00 and all extra work in connection therewith, under the terms as stated
in the General Conditions of the agreement; and at his (or their) own proper cost and expense to
furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and
other accessories and services necessary to complete the work specified above, in accordance with the
conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached
hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions,
the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and
on file in the office of the Purchasing Agent, and in accordance with the plans, which includes all
maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the
Specifications therefore, as prepared by:
Birkhoff, Hendricks & Conway, L.L.P.
all of which are referenced herein and made a part hereof and collectively evidence and constitute the
entire contract.
4207 Contract docs
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 covenants and agrees to and does hereby indemnify, hold harmless and defend, at its
own expense, Owner, its officers, servants and employees, from and against any and all claims or suits
for property loss or damage and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out of the Work and services to be
performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees,
whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees,
of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold
harmless Owner during the performance of any of the terms and conditions of this Contract, whether
arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or
employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and
not intended to create or grant any rights, contractual or otherwise, to any other person or entity.
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.
4207 Contract docs
Right to Audit
The OWNER shall have the right to audit and make copies of the books, records and computations
pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and
other evidence pertaining to this agreement during the contract period and five years thereafter, except if
an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all
audit tasks are completed and resolved. These books, records, documents and other evidence shall be
available, within 10 business days of written request. Further, the CONTRACTOR shall also require all
Subcontractors, material suppliers, and other payees to retain all books, records, documents and other
evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All
books and records will be made available within a 50-mile radius of the City of Denton. The cost of the
audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an
overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must
be borne by the CONTRACTOR which must be payable within five business days of receipt of an
invoice.
Failure to comply with the provisions of this section shall be a material breach of this contract and
shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms
"books" "records" "documents" and "other evidence" as used above shall be construed to include
drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or
prepare a final printed document.
4207 Contract does
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the
year and day first above written.
ATT'FgT-
ATTEST:
DIANE GENTRY
APPROVED AS TO FORM:
7V
F, tt�/% %•
rney
CITY OF DENTON, TEXAS
Owner
BY: `
GE GE C. CAMPBELL
TITLE: CITY MANAGER
(Seal)
LANDMARK STRUCTURES I, L.P.
BY LANDMARK STRUCTURES
MANAGEMENT,
GENERAI✓1® R
1"
ERIC LAMON
Printed Name
TITLE: VICE-PRESIDENT
1665 HARMON ROAD
Mailing Address
FORT -WORTH, TEXAS 76177
City -State -Zip
(817) 439-8888
Phone Number
(817) 439-9001
Fax Number
(Seal)
4207 Contract dots
ORIGINAL
BID NO. 4207
PROPOSAL
TO
CITY OF DENTON, TEXAS (OWNER)
FOR THE CONSTRUCTION OF
ROSELAWN ELEVATED STORAGE TANK
IN
DENTON, DENTON COUNTY, TEXAS
The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are
those named herein, that this proposal is made without collusion with any other person, firm, or corporation; that
he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to,
and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that
he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and
will do all the work and furnish all the materials called for in the contract and specifications in the manner
prescribed herein and according to the requirements of the City as therein set forth.
It is understood that the following quantities of work to be done at unit prices are approximate only, and are
intended principally to serve as a guide in evaluating bids.
It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or
diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and
contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices
set forth below except as provided for in the specifications. The contractor shall provide the numeric unit price
and the. unit price in words for each quantity. Unit price in words governs over the numeric price given. -
It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not
shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions.
Similarly, they may be decreased to cover deletion of work so ordered.
It is understood and agreed that the work is to be completed in full within the number of workdays shown on the
bid tabulation sheet.
Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of
five percent of the total bid. _
It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of
the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a
payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of
the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by
the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner
may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid
proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically
disqualify bidder.
The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance
with the plans and specifications, for the following sum or prices, to -wit:
F woVom=u7mammcst\VcmVocWp=\06.p&bs-Laoc PBS-1
CITY OF DENTON, TEXAS
Roselawn Elevated Storage Tank
Bid No. 4207
BASE BID SCHEDULE
(2.5-MG CAPACITY ELEVATED STORAGE TANK WITH 35' HEAD RANGE)
Item
Estimated
1.
Price in
Extended
No.
Quantity
Unit
Description and Price in Words
Figures
Amount
Constructing a 2,500,000 Gallon Composite
Elevated Water Storage Tank (Reinforced
Concrete Column and 2,500,000 Gallon Steel
Tank), High Water Level 826 MSL with a 35-foot
113
1
L.S.
operating range, in accordance with the
Specifications, including all Instrumentation,
Controls, Electrical, Site Piping, Site Work,
Access Drive, Trench Safety Plan and
Implementation, SW3P and Implementation, and
appurtenances
complete in place; the sum of F tl$ maw
Dollars
and po
�•�'
l,�� G5j,0t
Cents per Lump Sum�`��
l:UDmmn%2W7-1/7%,pecej=hW-P&BS2-,d, PBS-2A
Addendum No. 1 .
ADDITIVE ALTERNATES TO THE BASE BID
(2.5-MG CAPACITY ELEVATED STORAGE TANK WITH 35' HEAD RANGE)
Item
No.
Estimated
Quantity
Unit
�Des�cription and Price in Words
Price in
Figures
Extended
Amount
For Furnishing & Installing Upper Level Storage
Floor in the Concrete Column of the 2.5 MG Tank,
28
1
L.S.
including all Electrical, Equipment &
Appurtenances
complete in place, the sum of
One Hundred Eighty -Six Thousand Dollars
and no
Cents per Lump Sum
186,000.00
186,000.00
For Furnishing Stairway Access to the 2.5 MG
313
1
L.S.
Tank Bowl Catwalk Access in place of the base
bid ladder access
complete in place, the sum of
Eighty -One Thousand Dollars
and no
81,000.00
81,000.00
Cents per Lump Sum
48
50
Days
For Accelerated Delivery of the Substantially
Completed Project, Ready for Beneficial Use
the sum of
rcQ
w
Z�r�
Thousand Dollars'
and —no
3-66�60
4 50, %8. 86
Cents per Da
J:\Demon12001-147\y�\IY7-P&BS-2-xb PBS-3A
Addendum No. 1
ALTERNATE BID
(3.0-MG CAPACITY ELEVATED STORAGE TANK WITH 40' HEAD RANGE)
Item
Estimated
Price in
Extended
No.
Quantity
Unit
Description and Price in Words
Figures
Amount.
Constructing a 3,000,000 Gallon Composite
Elevated Water Storage Tank (Reinforced
Concrete Column and 3,000,000 Gallon Steel
Tank), High Water Level 826 MSL with a 40-foot
operating range, in accordance with the
Specifications, including all Instrumentation,
Controls, Electrical, Site Piping, Site Work,
Access Drive, Trench Safety Plan and
Implementation, SW3P and Implementation, and
IA
I
L.S.
appurtenances
complete in place, the sum of AAv
Dollars
and
rj� O(�5, bL�D
�� 0&5 6M
Centsper Lum Sum
ADDITIVE ALTERNATES TO THE ALTERNATE BID
Item
Estimated
Price in
Extended
No.
Quantity
Unit
Description and Price in Words
Figures
Amount
ror rumisnmg & installing Upper Level Storage
Floor in the Concrete Column of the 3.0 MG Tank,
including all Electrical, Equipment &
2A 1 L.S. Appurtenances
complete in place, the sum of
One Hundred Eighty -Six Thousand Dollars
and no
Cents per Lump Sum
For Furnishing Stairway Access to the 3.0 MG
Tank Bowl Catwalk Access in place of the
3A 1 L.S. Alternate Bid ladder access
complete in place, the sum of
Eighty -One Thousand Dollars
and no
Cents per Lump Sum
For Accelerated Delivery of the Substantially
4A 50 Days Completed Project, Ready for Beneficial Use
the sum of
:. 111 11 :. 111 11
111 1 : 111 11
—' hi-ee Thousand - Dollars #-, G0. w
and no 8
Cents per Day r<L
i.\Dea==W-147upe&um\07-P&ss-2j& PBS-4A Addendum No. I
SUMMARY OF BID
Roselawn Elevated Storage Tank
BASE BID
(2.5-MG CAPACITY ELEVATED STORAGE TANK WITH 35' HEAD RANGE)
AMOUNT OF BASE BID (Item 113)
ADDITIVE ALTERNATE (Item 2B)
ADDITIVE ALTERNATE (Item 3B)
ADDITIVE ALTERNATE (Item 4B)
$,,
ALTERNATE BID
(3.0-MG CAPACITY ELEVATED STORAGE TANK WITH 40' HEAD RANGE)
AMOUNT OF ALTERNATE BID (Item IA) $ 005ao , W _
ADDITIVE ALTERNATE (Item 2A) $ 186,000.00 _
ADDITIVE ALTERNATE (Item 3A) $ 81,000.00 _
7,11',ow--00
ADDITIVE ALTERNATE (Item 4A) $9;�9�6Q _
IiC-
NOTE: Refer to TS2 of the Technical Specifications. The Additive Alternate Bid items may be added in part or
in total to the Base Bid or Alternate Bid prior to award of a contract. Award of the contract will be
based on items actually included in the Project. The City's decision to include the Additive Alternate
items listed will be solely at the discretion of the City and for the City's benefit. The lowest responsive
proposal for purposes of award shall be the conforming responsible Bidder offering the lowest aggregate
amount for the Base Bid or Alternate Bid plus those Additive Alternate Bid items providing features of
the work selected by the City. The City may or may not choose to incorporate any or all of the additive
alternate items listed in the Proposal.
r:\D"—\2007-14 =bWm-paas2.,a, PBS-5A Addendum No. I
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 finished in the
fulfillment of the contract.
It is understood that the work proposed to be done shall be accepted, when fully completed and finished
in accordance with the plans and specifications, to the satisfaction of the Engineer.
The undersigned certifies that the bid prices contained in this proposal have been carefully checked and
are submitted as correct and final.
Unit and lump sum prices as shown for each item listed in this proposal, shall control over extensions.
The undersigned agrees this bid becomes the property of the City of Denton after the official opening.
The undersigned affirms that they are duly authorized to execute this contract.
Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract
which arise under the antitrust laws of the United States, 15 USCA Section 1 et seo., and which arise
under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seta.
Receipt is hereby acknowledged of the following addenda to the plans and specifications:
Addendum No. 1 dated 12 / 10 /08
Received
Addendum No. 2 dated 12 / 12 /08
Received
Addendum No. 3 dated
Received
Addendum No. 4 dated
Received
Addendum No. 5 dated
Received
LANDMARK STRUCTURES I, L.P.
By: Landmark Structures Management Inc., General Partner
Contractor
By: Eric Lamon
please
Signature:
Title: Vi ce`�resi dent
Seal and Authorization 1665 Harmon Road
(If a Corporation) Street Address
Fort Worth, Texas 76177
City, County, State and Zip
(817) 439-8888 (817) 439-9001
Telephone Fax No.
E-Mail Address: elamon@ldmkusa.com
F%d=imnarn \200-147 msdh Idw PBS-5
Bond No. 6329200
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Landmark Structures I. LP ✓
whose address is 1665 Harmon Road. Fort Worth Texas 76177
hereinafter called Principal, and Fidelity and Deposit Company of Maryland
a corporation organized and existing under the laws of the State of Maryland , and
fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto
the City of Denton, a municipal corporation organized and existing under the laws of the State of
Texas, hereinafter called Owner, in the penal sum of Five Million. One Hundred Forty -Six
Thousand Dollars and 00/100✓ ($5,146,000.0%-0us ten percent of the stated penal sum as an
additional sum of money representing additional court expenses, attorneys' fees, and liquidated
damages arising out of or connected with the below identified Contract, in lawful money of the
United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be
made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly
and severally, firmly by these presents. This Bond shall automatically be increased by the amount of
any Change Order or Supplemental Agreement which increases the Contract price, but in no event
shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the
penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2009-020, with the City of Denton,
the Owner, dated the 13'' day of January A.D., 2009✓a copy of which is hereto attached
and made a part hereof, for Bid #4207 Roselawn Elevated Storage Tank.-,"
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of
the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with
the Plans, Specifications and Contract Documents during the original term thereof and any extension
thereof which may be granted by the Owner, with or without notice to the Surety, and during the life
of any guaranty or warranty required under this Contract, and shall also well and truly perform and
fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly
authorized modifications of said Contract that may hereafter be made, notice of which modifications
to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to
faulty materials and workmanship that appear within a period of two (2) years from the date of final -
completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify
and save harmless the Owner from all costs and damages which Owner may suffer by reason of
failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which
the Owner may incur in making good any default or deficiency, then this obligation shall be void;
otherwise, it shall remain in full force and effect.
sAnnmrials nn mggr t\prch\c=tmas doc ts44207 bon&doc PB-1
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue
shall lie in Denton County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the
Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the
same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the Contract, or. to the Work to be
performed thereunder, or to the Plans, Specifications, Drawings, etc. .
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1
of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in four (4) copies,. each one of which
shall be deemed an original, this the 13th day of January, 2009. Vl*'
ATTEST:
BY:
Chris Lamon SLstcjt)T&fy Vice President
ATTEST:
BY: 4n=�
o n Sarnovsky, Attorney in -fact
PRINCIPAL /)
Landmark Structureq-,A,, P,! by Landmark
Structures Manag ntzc., General
, Vice Pres
SURETY:
Fidelity and Dep it any of Maryland
BY:
Michael Gross, Attorney -in -Fact
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
processis:
NAME: Tracey L. Haley
STREET ADDRESS: 12222 Merit Dr., Suite 700, Dallas, TX 75251
(NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation,
give a person's name.)
s:4n m3fs a=iagan ut pmhlc=Uaccs doc==1s%4207 bondsdoc
PB-2
(to
IA,1SP
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
corporation of the State of Maryland, by DAVID S. HEWETT, Vice President, and GERALD F. HALEY, Assistant
Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said ny, which are set forth on
the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate,
constitute and appoint John SARNOVSKY, David SALTMARSH, M' a , David A. SMITH,
Dan RACINE, Sean DEAKIN, Monique FARRELL and a �' , Ontario, EACH its
true and lawful agent and Attorney -in -Fact, to make o del* v� ehalf as surety, and as its act or undertakings and deed: any and all bonds and unde g ,° xec 'ott�t�R in pursuance of these
presents, shall be as binding u 16 as y, a lI intents and purposes, as if they had been duly
executed and ackno th r la the Company at its office in Baltimore, Md., in their own
proper persons. Thi o a issued on behalf of John SARNOVSKY, David SALTMARSH, Michael
GROSS, Lilia ROY Dan RACINE, Matthew NEWMAN, Sean DEAKIN, Monique FARRELL,
Marguerite THOMa September 10, 2008.
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is awe copy of Article Vl,
Section 2, of the By -Laws of said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 26th day of
November, A.D. 2008.
ATTEST:
'gyp DEVO,/
Poe
_ o
the �
State of Maryland I
ss:
City of Baltimore
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By:
Gerald F. Hale), Assistant Secretary
David S. He)vett
Vice President
On this 26th day of November, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came DAVID S. HEWETT, Vice President, and GERALD F. HALEY, Assistant Secretary of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers 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 the day and year first above
written.
Maria D. Adamski Notan- Public
My Commission Expires: July 8, 2011
POA-F 210-
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article V1, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,... and to affix the seal of the Company thereto."
CERTIFICATE
1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate: and I do further certify that
the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized
by the Board of Directors to appoint any Attorney -in -Fact as provided in Article V1, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the IOth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 13th day of January 2009
J
Assistant Serretan
Bond No. 6329200
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That Landmark Structures I. LP ✓
whose address is 1665 Harmon Road. Fort Worth. Texas 76177 , hereinafter called Principal, and
Fidelity and Deposit Company of Maryland . / , a corporation organized and existing under the
laws of the State of Ma yryland , and fully authorized to transact business in the State of Texas, as
Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and
existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms,
and corporations who may furnish materials for, or perform labor upon, the building or improvements
hereinafter refe�ed to, in the pegal sum of Five Million. One Hundred Forty -Six Thousand Dollars
and 00/100✓($5,146,000.0 m lawful money of the United States, to be paid in Denton County,
Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
This Bond shall automatically be increased by the amount of any Change Order or Supplemental
Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental
Agreement which reduces the Contract price decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 2009-020, with the City of Denton,
the Owner, dated the 13'' day of January A.D. 2009 ,✓a copy of which is hereto
attached and made a part hereof, for Bid #4207 Roselawn Elevated Storage Tank.✓
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and
make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying
labor and/or material in the prosecution of the Work provided for in said Contract and any and all
duly authorized modifications of said Contract that may hereafter be made, notice of which
modifications to the Surety being hereby expressly waived, then this obligation shall be void;
otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall
lie in Denton County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the
Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the
same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be
performed thereunder, or to the Plans, Specifications, Drawings, etc.
Y\antmals `mmag==tlp`chlcw"= duamxnLA4207 bon&dDc PB-3
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in Denton County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1
of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in (4) four copies, each one of which
shall be deemed an original, this the 13th day of January, 2009.
ATTEST:
L2BY:
Chris Lamon atUj!5ot Vice President
ATTEST:
BY:
Joh arnovskVtorney-in act
PRINCIPAL
Landmark Structures Landmark
Structures Manage , I , General
, Vice President
SURETY:
Fidelity and Deposits Co aof MaJ land
BY:
Michael Gross, Attorney -in -Fact
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is:
NAME: Tracey L . Haley
STREET ADDRESS: 12222 Merit Dr., Suite 700, Dallas, TX 75251
(NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation,
give a person's name)
s\imte+ials mvug nApmhlwn=ts docu ts14207 bor,&doc PB4
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a
corporation of the State of Maryland, by DAVID S. HEWETT, Vice President, and GERALD F. HALEY, Assistant
Secretary, in pursuance of authority granted by Article V1, Section 2, of the By -Laws of said ny, which are set forth on
the reverse side hereof and are hereby certified to be in full force and effect on the dale ereby nominate,
constitute and appoint John SARNOVSKY, David SALTMARSH, M' a , David A. SMITH,
Dan RACINE, Sean DEAKIN, Monique FARRELL and a f' , Ontario, EACH its
true and lawful agent and Attorney -in -Fact, to make o deli u�r� ehalf as surety, and as its act
and deed: any and all bonds and unde g ,° xec 'ot or undertakings in pursuance of these
presents, shall be as bindinOuil
r6 as �y a intents and purposes, as if they had been duly
executed and ackno th, r ,_ la the Company at its office in Baltimore, Md., in their own
proper persons. Thi10 oa issued on behalf of John SARNOVSKY, David SALTMARSH, Michael
GROSS, Lilia ROY ( Dan RACINE, Matthew NEWMAN, Sean DEAKIN, Monique FARRELL,
Marguerite THOMP�ea September 10, 2008.
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By -Laws of said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 26th day of
November, A.D. 2008.
ATTEST:
'�� DEops�i
im
4 y.nt
State of Maryland I
ss:
City of Baltimore
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Gerald F. Haley Assistant Secretan-v
By: A'J/ 3.
David S. Hewett Vice President
On this 26th day of November, A.D. 2008. before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came DAVID S. HEWETT, Vice President, and GERALD F. HALEY, Assistant Secretary of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers 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 the day and year first above
written.
I fit,
Maria D. Adannski
Notan Public
My Commission Expires: July 8, 2011
POA-F 210-
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,... and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized
by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the IOth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 13th day of January 2009
Assistant Secretan•
ACORD,„ CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
1 13 2009
PRODUCER Phone: 817-299-3800 Fax: 617-299-3890 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
IBTX Risk Services Hurst ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
8701 Bedford Euless Rd. , #450 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Hurst TX 76053
INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURERA Tlwin City Fire 29459
./
Landmark Structures I, L. P✓ INSURER B: Hartford Insurance Cam Midwes 37478
1665 Harmon Road `dq INSURERC:Interstate Fire & Casualty 2829
Fort Worth TX 76177 0
L j INSURER D:
�iI INSURER E:
FRAGES
VVY
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
OTWITHSTANDING 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
DD'
NSR
TYPE OF INSU CE
POLICY NUMBER
POLICY EFFECTIVE
DATE MMIDD
POLICY EXPIRATION
DATE MWDD/YY
LIMITS
A
GENERALLIABILITY
46 C QT0963
7/14/2008
7/14/2009
ACHOCCURRENCE
$1 000 1 000
DAMAGE TURERTEU
PREMISES Eaoccurence
$300 000
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE IX-1 OCCURI
MED EXP (Any one person)
$ 10 0 0 0
PERSONAL& ADV INJURY
$ 1 000 000
GENERAL AGGREGATE
$ 2 000 000
GEWL AGGREGATE LIMIT APPLIES PER:
PRODUCTS-COMPIOPAGG
$ 2 000 000
0. LOC
POLICY n PER
B
AUTOMOBILE
LIABILITY
46 UEN QT0964 `�
7/14/2008
7/14/2009
COMBINED SINGLE LIMIT
(Ea accident)
$ 1, 000, 000
X
ANYAUTOv/
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
$
X
X
HIREDAUTOS
NON-OWNEDAUTOS
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
C
EXCESS/UMBRELLALIABILITY
UM01610622
7/14/2008
7/14/2009
EACH OCCURRENCE
$1 000,000
AGGREGATE
$ 1 0 0 0 0 0 0
X OCCUR CLAIMS MADE
$
DEDUCTIBLE
$
X RETENTION $5 000
A
WORKERS COMPENSATION AND,,-'
46 WE QT0962 ✓
7/14/2008
7/14/2009
WC SLIMIT ' I _1 ER_
E.L. EACH ACCIDENT
$ 1 000 000
EMPLOYERS'LIABILITY v
ANY PROPRIETOR/PARTNERfEXECUTIVE
OFnCERIMEMBER EXCLUDED?
E.L. DISEASE - EA EMPLOYEE
$ 1 000, 000
E.L. DISEASE -POLICY LIMIT
$ 1 000 000
If yes, describe under
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
*Note: Carrier provides 10 day Notice of Cancellat. for non-payment of premium.
E: Roselawn Elevated Storage Tank, Bid No. 4207✓
it f Dent Its Officials, Agents, Employees and Volunteers, and others are required by written contract, are
nclude as Additional SnsLired on the General Liability and Automobile policies per policy form✓The General Liability
and Automobile insurance is rim mT aTand any other valid or collectable insurance for the Additional Insured shall be
excess Contractual Liability app ies per Hartford form HG0001 06/05 attached !Waiver of 11broaat4on is included in
avor of the same on the Workers, Compensation policy. —umbrella policy follows form.
rnurFl I eTrrlmu
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
City Of Denton ✓
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
WILL ENDEAVOR TO NAIL 30tDA'QS WRITTEN NOTICE TO THE
901-B Texas Street
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
Denton TX 76209
SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATI
!�
ACORD 25 (2001/08) ®AL.UKU L.UKP-UKAI IUn lyaa
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
POLICY NUMBER: 46 C QT0963
(2) For the purpose of determining the limits of
insurance for incidental medical malpractice,
any act or omission together with all related acts
or omissions in the furnishing of these services
to any one person will be considered one
"occurrence".
2. Exclusions
This insurance does not apply to:
a. Expected Or Intended Injury
"Bodily injury" or "property damage" expected or
intended from the standpoint of the insured. This
exclusion does not apply to "bodily injury" or
"property damage" resulting from the use of
reasonable force to protect persons or property.
b. Contractual Liability
"Bodily Injury" or "property damage" for which the
insured is obligated to pay damages by reason of
the assumption of liability in a contract or
agreement. This exclusion does not apply to liability
for damages:
(1) That the insured would have In the absence of
the contract or agreement; or
(2) Assumed in a contract or agreement that is an
"insured contract", provided the "bodily Injury" or
"property damage" occurs subsequent to the
execution of the contract or agreement. Solely
for the purposes of liability assumed in an
"Insured contract", reasonable attorney fees and
necessary litigation expenses incurred by or for
a party other than an insured are deemed to be
damages because of "bodily injury" or "property
damage", provided:
(a) Liability to such party for, or for the cost of,
that party's defense has also been assumed
in the same "insured contract'; and
(b) Such attorney fees and litigation expenses
are for defense of that party against a civil or
alternative dispute resolution proceeding in
which damages to which this insurance
applies are alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for which any
insured may be held liable by reason of:
(1) Causing or contributing to the intoxication of any
person;
(2) The furnishing of alcoholic beverages to a
person under the legal drinking age or under the
influence of alcohol; or
(3) Any statute, ordinance or regulation relating to
the sale, gift, distribution or use of alcoholic
beverages.
This exclusion applies only if you are in the
business of manufacturing, distributing, selling,
serving or furnishing alcoholic beverages.
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers'
compensation, disability benefits or unemployment
compensation law or any similar law.
e. Employer's Liability
"Bodily Injury" to:
(1) An "employee" of the insured arising out of and
In the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct of
the insured's business; or
(2) The spouse, child, parent, brother or sister of
that "employee" as a consequence of
Paragraph (1) above.
This exclusion applies:
(1) Whether the insured may be liable as an
employer or in any other capacity; and
(2) To any obligation to share damages with or
repay someone else who must pay damages
because of the injury.
This exclusion does not apply to liability assumed
by the insured under an "insured contract".
Pollution
(1) "Bodily Injury" or "property damage" arising out
of the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants":
(a) At or from any premises, site or location
which is or was at any time owned or
occupied by, or rented or loaned to, any
insured. However, this subparagraph does
not apply to:
(i) "Bodily injury" if sustained within a
building and caused by smoke, fumes,
vapor or soot produced by or originating
from equipment that is used to heat, cool
or dehumidify the building, or equipment
that is used to heat water for personal
use, by the building's occupants or their
guests;
(11) "Bodily injury" or "property damage" for
which you may be held liable, if you are a
contractor and the owner or lessee of
such premises, site or location has been
added to your policy as an additional
insured with respect to your ongoing
operations performed for that additional
insured at that premises, site or location
and such premises, site or location is not
and never was owned or occupied by, or
rented or loaned to, any insured, other
than that additional insured; or
Page 2 of 18 HG 00 01 06 05
CITY OF DENTON, TEXAS
ROSELAWN ELEVATED STORAGE TANK
BID NO. 4207
CHANGE ORDER NO. 5
A. INTENT OF CHANGE ORDER
The intent of this change order is to modify the provisions of the contract entered into between the City of
Denton, Texas and Landmark Structures I, L.P., 1665 Harmon Road, Fort Worth, Texas 76177, for construction
of the Roselawn Elevated Storage Tank, dated January 13, 2009.
B. DESCRIPTION OF CHANGE
1) The City of Denton has requested certain site plan changes to enhanced and accommodate emergency
equipment access to the site. This change order covers the additional labor and materials required to:
a) Widen the Access Driveway from its original called 12-foot width to 20-foot in width
b) Provide a double swing 28-foot wide gate in lieu of the 16-foot wide gate originally called for in the
plans
c) Provide and expanded hammerhead turn -out (40-feet wide x 64-feet long in lieu of the 40-foot wide x
26-foot long parking area), and eliminating the striped parking spaces
d) Modify the alignment and grades of Storm Sewer Line "B" and Culvert "a-3" to accommodate the
wider access driveway configuration. Attention is specifically directed to the Class IV RCP pipe
required on Culvert A-3 (plan sheet 20-A1) and on portions of Storm Sewer Line `B"(plan sheet 21-
Al)
e) Revised Construction Plan Sheets 4-Al, 10, 11, 13, 14, 20-A1, 21-A1, 22-A1, 25, 26, 30, 39, and 40,
marked "Change Order No. 5" indicate the site plan changes are attached hereto and made a part of
this change order. Eliminate lime treated subgrade under driveway parking areas and expanded
hammerhead turn -out, and replace with 8" flexible base with geotextile membrane.
2) Provide for compensation by Landmark to the City of Denton in the amount of $2,410 for quality control
and material testing charges on the project due to re -test, overtime and/or no test taken. The material
testing deduction in the amount of $3,675 on Pay Request 9 through current will be removed after
execution of this change order.
j:\c1erica1\denton0007-147 roselaww est\specs\change orders\change order no. 5\co-S.doe - 1 -
C. EFFECT OF CHANGE ON CONTRACT AMOUNT
This change order will have the following effect on the cost of this project:
Item
No.
Description
Previous
Quantity
Quantity
This C.O.lQuantityl
I Revisedmount
Unit
Unit Price
of Change
7
Site Plan Changes to accommodate
Emergency Equipment Access
0
1
1
L.S.
$ 2664000
$ 26 640.00
8
Credit for Material Testing Charges
0
1
1
L.S.
$ (2,410,00)
$ (2,410.00)
Total:
1 $ 24,230.00
Change Order No. 1
Change Order No. 2
Change Order No. 3
Change Order No. 4
Change Order No. 5
Revised Contract Amount:
D. EFFECT OF CHANGE ON CONTRACT TIME
$ 24,800.00
Not Used
$ (3,128.00)
$ 4,400.00
$ 24,230.00
$ 5,196,302.00
The work required under this change order will add fifteen (15) additional days for Substantial Completion and
zero (0) additional days for Final Completion.
Substantial Completion
500 calendar days
0 calendar days
Not Used
315 calendar days
0 calendar days
15 calendar days
830 calendar days
Final Completion
590 calendar days
0 calendar days
Not Used
315 calendar days
0 calendar days
0 calendar days
905 calendar days
j:\cicricandenton\2007-147 roselawn est\specs\change ordeis!change order no. 5\co-5.doc - 2 -
E. AGREEMENT
By the signatures below of duly authorized agents, the City of Denton, Texas and Landmark Structures I, L.P.,
do hereby agree to append this Change Order No. 5 to the original contract between themselves, dated
January 13, 2009.
City of Denton
Owner
By: S By:
gnature)
Name: Nam
.Q(p ease print) Title: �S G�/l DWOCCLE2 121
% P/ v �� gritle:
(please print)
Date: V ✓
Landmark Structures I. L.P.
Contractor
(signature)
r-- CA4'�
(please print)
(please print)
�! l Date: 441
j:\clerical\denton\2007-147 roselawn esOspees\change orders\change order no. 5\co-5.doc - 3 -
r..
I
O
w
�
� I
w
A I
F
a
�
i w
v
AM
b
4N
A
o�
w z l
a
N
�
F II
q
0
c
5
GI
aco
N
rr
N
X
�
i
Z
L�
Cl) z
w
� N
z
i
o
��g O
�w�-cr
co
z
P o
z
a
O �0
(¢n
C
J
O
`ui
W F-
Omo
O
�
O
wz
� I
U
d
zl
M
U.
°
s
N
�w�
mow°'
UQ
i
Z
c
°
a
i
zi N
U C'
wo
I
w
�
i
a
I
I
N
�
Ib
rU
d
LEA
w
N�
Q
W
O
F`16i
.bO
�D
C7
C
0
z w
v' a
�IN
w
z
.J
I
� y a