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2004-165
ORDINANCE NO. /6 `— AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR WET, DRY, AND AUGER BORING SERVICES FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 3156-WET, DRY, AND AUGER BORING AWARDED TO C&C DIRECTIONAL BORING IN THE ESTIMATED AMOUNT OF $250,000). 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. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 3156 C&C Directional Boring. Exhibit A SECTION 2. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. 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 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3-ORD-3156 Page 2 of 2 Bid # 3156 Exhibit A Date: 5/25/04 Annual Contract For Wet, Dry & Auger i No. CITY DESCRIPTION VENDOR C & C Directional Boring Principle Place of Business: Shady Shores, TX Directional Bores Wet 1 20,000 1" Diameter Bore in Dirt w/Conduit Line(s) $ 6.00 installed 2 2000 1" Diameter Bore in Rock w/Conduit Line(s) $ 12.00 installed 3 4,000 2" Diameter Bore in Dirt w/Conduit Line(s) $ 6.00 installed 4 400 2" Diameter Bore in Rock w/Conduit Line(s) $ 12.00 installed 5 2000 2" Diameter Bore in Dirt w/Conduit Line(s) $ 14.00 installed in Steel Casing 6 200 2" Dimeter Bore in Rock w/Conduit Line(s) $ 20.00 installed in Steel Casing 7 2000 2" Diameter Bore in Dirt w/Steel Casing $ 14.00 installed 8 200 2" Diameter Bore in Rock w/Steel Casing $ 20.00 installed 9 4000 4" Diameter Bore in Dirt w/Conduit Line(s) $ 6.00 installed 10 400 4" Diameter Bore in Rock w/Conduit Line(s) $ 12.00 installed 11 2,000 4" Diameter Bore in Dirt w/Conduit Line(s) $ 14.00 Installed in Steel Casing 12 200 4" Diameter Bore in Rock w/Conduit Line(s) $ 20.00 installed in Steel Casing 13 2000 4" Diameter Bore in Dirt with Steel Casing $ 14.00 installed 14 200 4" Diameter Bore in Rock with Steel Casing $ 20.00 installed 15 4000 6" Diameter Bore in Dirt with Conduit $ 10.00 Lines installed 400 6" Diameter Bore in Rock with Conduit $ 16.00 Lines installed 2,000 6" Diameter Bore in Dirt with Conduit $18 00 Line(s) installed in Steel Casing [17 200 6" Diameter Bore in Rock with Conduit $ 24.00 Line(s) installed in Steel Casing 2000 6" Diameter Bore in Dirt with Steel Casing $ 18.00 installed 20 200 6" Diameter Bore in Rock with Steel Casing $ 24.00 installed 21 4000 8" Diameter Bore in Dirt with Conduit $ 11.00 Lines installed 22 400 8" Diameter Bore in Rock with Conduit $ 22.00 Lines installed 23 1000 8" Diameter Bore in Dirt with Conduit $ 21.00 Line(s) installed in Steel Casing 24 100 8" Diameter Bore in Rock with Conduit $ 32.00 Line(s) installed in Steel Casing 25 1000 8" Diameter Bore in Dirt with Steel Casing $ 21.00 installed 8" Diameter Bore in Rock with Steel Casing $ 32.00 26 100 installed 27 4000 10" Diameter Bore in Dirt with Conduit $ 15.00 Lines installed No. QTY DESCRIPTIONS. VENDOR C & C Directional Boring Principle Place of Business: Shady Shores, TX 10" Diameter Bore in Rock with Conduit 28 400 Lines installed $ 24.00 29 2000 10" Diameter Bore in Dirt with Conduit $ 25.00 Line(s) installed Steel Casing 30 200 10" Diameter Bore in Rock with Conduit $ 34.00 Line(s) Installed in Steel Casing 31 1000 10" Diameter Bore in Dirt with Steel Casing $ 25.00 installed 32 100 10" Diameter Bore in Rock with Steel $ 34.00 Casing installed 33 300 12" Diameter Bore in Dirt with Conduit 18.00 Lines installed 34 100 12" Diameter Bore in Rock with Conduit $ 28.00 Lines installed 35 300 12" Diameter Bore in Dirt with Conduit $ 29.00 Line(s) installed in Steel Casing 36 100 12" Diameter Bore in Rock with Conduit 39.00 Line(s) installed in Steel Casing $ 37 300 12" Diameter Bore in Dirt with Steel Casing $ 29.00 installed 38 100 12" Diameter Bore in Rock with Steel $ 39.00 Casing installed 39 300 14" Diameter Bore in Dirt with Conduit $ 22.00 Lines installed 40 100 14" Diameter Bore in Rock with Conduit $ 32.00 Line(s) installed 41 300 14" Diameter Bore in Dirt with Conduit $ 34.00 Line(s) installed in Steel Casing 42 100 14" Diameter Bore in Rock with Conduit $ 44.00 Line(s) installed in Steel Casing 43 300 14" Diameter Bore in Dirt with Steel Casing $ 34.00 installed 44 100 14" Diameter Bore in Rock with Steel $ 44.00 Casing installed 45 300 16" Diameter Bore in Dirt with Conduit $ 24.00 Lines installed 46 100 16" Diameter Bore in Rock with Conduit $ 34.00 Lines installed 47 300 16" Diameter Bore in Dirt with Conduit $ 36.00 Line(s) installed in Steel Casing 48 100 16" Diameter Bore in Rock with Conduit $ 46.00 Line(s) installed in Steel Casing 49 300 16" Diameter Bore in Dirt with Steel Casing $ 36.00 installed 50 100 16" Diameter Bore in Rock with Steel $ 46.00 Casinginstalled 51 300 18" Diameter Bore in Dirt with Conduit $ 26.00 Line(s) installed 52 100 18" Diameter Bore in Rock with Conduit $ 36.00 Lines installed 53 300 18" Diameter Bore in Dirt with Conduit $ 38.00 Line(s) installed in Steel Casing 54 100 18" Diameter Bore in Rock with Conduit $ gg,00 Line(s) installed in Steel Casing 55 300 18" Diameter Bore in Dirt with Steel Casing 38.00 installed $ CITY DESCRIPTION VENDOR C & C Directional *Principle Boring Place of Business: Shady Shores, TX 56 100 18" Diameter Bore in Rock with Steel $ 48.00 Casing installed 57 300 20" Diameter Bore in Dirt with Conduit $ 28.00 Line(s) installed 58 100 20" Diameter Bore in Rock with Conduit $ 38.00 Line(s) installed 59 300 20" Diameter Bore in Dirt with Conduit $ 40.00 Line(s) installed in Steel Casing 60 100 20" Diameter Bore in Rock with Conduit $ 50.00 Line(s) installed in Steel Casing 61 300 20" Diameter Bore in Dirt with Steel Casing $ 40.00 installed 62 100 20" Diameter Bore in Rock with Steel $ 50.00 Casing Installed 63 300 24" Diameter Bore in Dirt with Conduit $ 32.00 Lines installed 64 100 24" Diameter Bore in Rock with Conduit $ 42.00 Lines installed 65 300 24" Diameter Bore in Dirt with Conduit $ 44.00 Line(s) installed in Steel Casing 66 100 24" Diameter Bore in Rock with Conduit $ 54.00 Line(s) installed in Steel Casing 67 300 24" Diameter Bore in Dirt with Steel Casing $ 44.00 installed 68 100 24" Dimeter Bore in Rock with Steel Casing $ 54.00 installed Dry Auger Bore 69 4,000 6" Bore in Dirt with Conduit/Line(s) installed $ 54.00 in Steel Casing 70 400 6" Bore In Rock with Conduit/Line(s) $ 89.10 installed in Steel Casing 71 4,000 8" Bore in Dirt with Conduit/Line(s) installed $ 68.00 in Steel Casing 72 400 8" Bore in Rock with Conduit/Line(s) $ 112.20 installed in Steel Casing 73 400 10" Bore in Dirt with Conduit/Line(s) $ 85.00 installed in Steel Casing 74 100 10" Bore in Rock with Conduit/Line(s) $ 140.25 installed in Steel Casing 75 300 12" Bore in Dirt with Conduit/Line(s) $ 85.00 installed in Steel Casing 76 100 12" Bore in Rock with Conduit/Line(s) $ 140.25 installed in Steel Casing 77 300 14" Bore in Dirt with Conduit/Line(s) $ 108.50 Installed in Steel Casing 78 100 14" Bore In Rock with Conduit/Line(s) $ 179.02 installed in Steel Casing 79 300 16" Bore in Dirt with Conduit/Line(s) $ 116.00 installed in Steel Casing 80 100 16" Bore in Rock with Conduit/Line(s) $ 191.40 installed in Steel Casing 81 300 18" Bore in Dirt with Conduit/Line(s) $ 117.00 installed in Steel Casing TY DESCRIPTION VENDOR C & C Directional 0---- Boring Principle Place of Business: Shady Shores, TX 1 18" Bore in Rock with Conduit/Line(s) $ 193.05 installed in Steel Casing 83 300 20" Bore in Dirt with Conduit/Line(s) $ 117.00 installed in Steel Casing 84 100 20" Bore in Rock with Conduit/Line(s) $ 193.05 installed in Steel Casing 85 300 24" Bore in Dirt with ConduiVLine(s) $ 144.00 installed in Steel Casing 86 100 24" Bore in Rock with Conduit/Line(s) $ 237.60 installed in Steel Casing 87 300 30" Bore in Dirt with Conduit/Line(s) $ 165.00 installed in Steel Casing 88 100 30" Bore In Rock with Conduit/Line(s) $ 272.25 installed in Steel Casing 89 300 36' Bore in Dirt wit Conduit/Lines(s) $ 207.00 installed in Steel Casing 90 100 36" Bore in Rock with Conduit/Line(s) $ 341.55 installed in Steel Casing 91 300 42" Bore in Dirt with Conduit/Line(s) $ 231.00 installed in Steel Casing 92 100 42" Bore In Rock with Conduit/Line(s) $ 381.15 installed in Steel Casing 93 300 48" Bore in Dirt with Conduit/Line(s) $ 264.00 installed in Steel Casing 94 100 48" Bore in Rock with Conduit/Line(s) $ 435.60 installed in Steel Casing 95 300 54" Bore in Dirt with Conduit/Line(s) $ 297.00 installed in Steel Casing 96 100 54" Bore in Rock with Conduit/Line(s) $ 490.05 installed in Steel Casing CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 15th day of _Tune A.D., 2004, by and between City of Denton of the County of I)Pntnn and State of Texas, acting through M1kP Cnndllff ['ity Manager thereunto duly authorized so to do, hereinafter termed "OWNER," and C & C Directional Boring of the City of nenton , County of and State of 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: in the amount of $150 000 0and 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 Payrnent Bands, all attached hereto, 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: 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: City of Denton OWNER B . (SEAL) CONTRACTOR A aka&& ono s iy -769D8 MAILIN6 ADDRESS q�-i-wig PHONE NUMBER 04o- `ai - LAi FAX NUMBER BY: (Dw Ne-2 TITLE Lv a j rA E)eU 1key' APPROVED S TO RM: PRINTED N ME (SEAL) CITY ATTO EY CA-3 ANNUAL CONTRACT FOR WET, DRY & AUGER BORING a � a ffi ESTIMATED ANNUAL UNIT TOTAL ITEM CITY. ID DESCRIPTION UOM PRICE AMOUNT DIRECTIONAL BORES/WET 1 20,000 DBW 1 V Diameter Bore in Dirt with Conduit Lines) installed FT 0 CC •.DO 1" Diameter Bore in Rock with Conduit Lines) la 0� A4 oo0.00 2 2000 DBW2 installed FT i 3 4000 DBW3 2" Diameter Bore in Dirt with Conduit Line(s) installed FT (D 0Ga1��00D•00 2" Diameter Bore in Rock with Conduit Lines) } �� $�180D.cb 4 400 DBW4 installed FT d •DO 2" Diameter Bore in Dirt with Conduit Line(s) installed (,r 00 `t ris) OCIDAD 5 2000 DBW5 in Steel Casing* FT 2" Diameter Bore in Rock with Conduit Line(s) -Ali Co l 4, 1 0v 6 200 DBW6 installed in Steel Casing* FT 114-00 a9,cx�D 7 2000 DBW7 2" Diameter Bore in Dirt with Steel Casing* installed FT B 1 200 DEWS 2" Diameter Bore in Rock with Steel Casing* installed FT 4'00 9 4000 DBW9 4" Diameter Bore in Dirt with Conduit Line(s) installed FT 4" Diameter Bore in Rock with Conduit Line(s) )� C O 10 400 DBW10 installed FT 4" Diameter Bore in Dirt with Conduit Lines) installed , �gi OOU 11 2000 DBW11 in Steel Casing FT 4" Diameter Bore in Rock with Conduit Line(s) a0.40 �I 000.00 12 200 DBW12 installed in Steel Casing* FT l• 00 2R� ODD 13 2000 DBW13 4" Diameter Bore in Dirt with Steel Casing* installed FT 14 200 DBW14 4" Diameter Bore in Rock with Steel Casing* installed FT 15 4000 DBW15 6" Diameter Bore in Dirt with Conduit Line(s) installed FT 40100D- 6" Diameter Bore in Rock with Conduit Line(s)�� 16 400 DBW16 installed FT 6" Diameter Bore in Dirt with Conduit Lines) installed DG6'00 17 2000 DBW17 in Steel Casing* FT 6" Diameter Bore in Rock wth Conduit Line(s) 18 200 DBW 18 installed in Steel Casing* FT �C4'0c) 1-36 f p00 19 2000 DBW 19 6" Diameter Bore in Dirt with Steel Casing* installed FT ��4,00 0OD-00 20 200 DBW20 6" Diameter Bore in Rock with Steel Casing* installed FT $ II'P,O "OW' 21 4000 DBW21 8" Diameter Bore in Dirt with Conduit Lines) installed FT 8" Diameter Bore in Rock with Conduit Line(s) r 0Q � g gl i 22 400 DBW22 installed FT I * Per TxDOT standards NOTE: Conduit Lines) includes copper, polyethylene, and/or PVC PAGE 27 OF BID #3156 ANNUAL CONTRACT FOR WET, DRY & AUGER BORING y •4 Y �• �#.- s'xa � n .cry w x ��.q,=.' �, ANNUAL v UNIT TOTAL ITEM CITY. ID DESCRIPTION UOM PRICE AMOUNT 8" Diameter Bore in Dirt with Conduit Line(s) installed 3. 00 W CQ0' CV 23 1000 DBW23 in Steel Casing* FT t'c%� 8" Diameter Bore in Rock with Conduit Line(s) 24 100 DBW24 installed in Steel Casing* FTa'��i 25 1000 DBW25 8" Diameter Bore in Dirt with Steel Casing* installed FT 00 �aZ,(I('YCG•o 26 100 DBW26 8" Diameter Bore in Rock with Steel Casing* installed FT 4M.00 Ulaoo.00 10" Diameter Bore in Dirt with Conduit Line(s) ('d) MOAC 27 4000 DBW27 installed FT 10" Diameter Bore in Rock with Conduit Line(s) ��qi �� 28 400 DBW28 installed FT� 10" Diameter Bore in Dirt with Conduit Line(s), �d d( vx 1 29 2000 DBW29 installed in Steel Casing* FTOC' 10" Diameter Bore in Rock with Conduit Line(s) ��' bo $ 30 200 DBW30 installed in Steel Casing* FT 31 1000 DBW31 10" Diameter Bore in Dirt with Steel Casing* installed FT`�� 10" Diameter Bore in Rock with Steel Casing* d II 32 100 DBW32 installed FT 12" Diameter Bore in Dirt with Conduit Line(s) 33 300 DBW33 installed FT 12" Diameter Bore in Rock with Conduit Line(s) 34 100 DBW34 installed FT 12" Diameter Bore in Dirt with Conduit Line(s) aQ OP� �7®b •Ob 35 300 D5W35 installed in Steel Casing FT 12" Diameter Bore in Rock with Conduit Line(s) 36 100 DBW36 installed in Steel Casing* FT 37 300 DBW37 12" Diameter Bore in Dirt with Steel Casing* installed FT 12" Diameter Bore in Rock with Steel Casing* *3i�6f7'f� 38 100 DBW38 installed FTG'DQ 14" Diameter Bore in Dirt with Conduit Line(s) $�a •���Di� 39 300 DBW39 installed FT 14" Diameter Bore in Rock with Conduit Line(s) a,�� $3,ac�' 40 100 DBW40 installed FT 14" Diameter Bore in Dirt with Conduit Line(s) $ IO 41 300 DBW41 installed in Steel Casing FT -A4. I 14" Diameter Bore in Rock with Conduit Line(s) $ i 42 100 DBW42 installed in Steel Casing* FT 43 300 DBW43 14" Diameter Bore in Dirt with Steel Casing* installed FT�'0D 14" Diameter Bore in Rock with Steel Casing* 44 100 DBW44 installed FT 16" Diameter Bore in Dirt with Conduit Line(s) n,1�I rim Ow 45 300 DBW45 installed FT 16" Diameter Bore in Rock with Conduit Line(s) I-00 �'®0 46 100 DBW46 installed FT * Per TxDOT standards PAGE 28 OF BID #3156 ANNUAL CONTRACT FOR WET, DRY & AUGER BORING ESTIMATED ANNUAL UNIT TOTAL ITEM CITY. ID DESCRIPTION UOM PRICE AMOUNT 16" Diameter Bore in Dirt Conduit Une(s) 47 300 bBW47 installed in Steel Casing FT Y 16" Diameter Bore in Rods with Conduit Une(s) 4'Od I' $41(000' Co 48 100 DBW48 installed in Steel Casing* FT j$& 100 �101too 49 300 DBW49 16" Diameter Bore in Dirt with Steel Casing* installed Fr 16" Diameter Bore in Rods with Steel Casing* I'- 50 100 DBW50 installed FT`+`�j1�Ib0©'QO 18" Diameter Bore in Dirt with Conduit Line(s) nn11_ -f1%00' 51 300 DBW51 installed FT der.0d 18" Diameter Bore in Rods with Conduit Line(s) ,� �06 52 100 DBW52 installed FT r 18" Diameter Bore in Dirt with Conduit Line(s) 53 300 DBW53 installed in Steel Casing* FT 18" Diameter Bore in Rock with Conduit Line(s) r, ''t'9.00 `` K%C)C'M 54 100 DBW54 installed in Steel Casing* FT ' 55 300 DBW55 18" Diameter Bore in Dirt with Steel Casing* installed FT•� 18" Diameter Bore in Rock with Steel Casing* t' 56 100 DBW56 installed FT4��ryrR�' 20" Diameter Bore in Dirt with Conduit Line(s)�r,1 `t 57 300 DBW57 installed FT 20" Diameter Bore in Rock with Conduit Une(s) 31$CD 58 1 100 DBW58 installed FT 20" Diameter Bore in Dirt with Conduit Une(s) $40'00 GCd' 59 300 DBW59 installed in Steel Casing* FT 20" Diameter Bore in Rock with Conduit Une(s) 00 $!jAO' 60 100 DBW60 installed in Steel Casing* FT 3 *40iCO $1At00D• DC 61 300 DBW61 20" Diameter Bore in Dirt with Steel Casing* installed FT 20" Diameter Bore in Rods with Steel Casing* ��,..aa V-0-co $6IW)'00 62 100 DBW62 installed FT 24" Diameter Bore in Dirt with Conduit Line(s) =a•0f0 4uncO.O • 63 300 DBW63 installed FT 24" Diameter Bore in Rods with Conduit Une(s) ,d 64 100 DBW64 installed FT 1 24" Diameter Bore in Dirt with Conduit Une(s) $13/ DO 65 300 DBW65 installed in Steel Casing* FT 24" Diameter Bore in Rods with Conduit Une(s)cc �`1 ,ao 5 66 100 DBW66 installed in Steel Casing* FT I 67 300 DBW67 24" Diameter Bore in Dirt with Steel Casing* installed FT 24" Diameter Bore in Rods with Steel Casing* 64•DO u'1 ,r,'rn�) }� 4!5,40_'D 68 '100 DBW68 installed Fr * Per TxDOT standards PAGE 29 OF BID #3156 ANNUAL CONTRACT FOR WET, DRY & AUGER BORING �a ANNUAL UNIT TOTAL ITEM OTY. ID DESCRIPTION UOM PRICE AMOUNT DRY AUGER BORE 6" Bore in Dirt with Conduit/Line(s) installed in Steel J,, 46Y•C °cl16l000•00 69 4000 AB69 Casing' FT 6" Bore in Rock with Conduit/Line(s) installed in Steel [[yy�� 401,IB $86 0% 70 400 AB70 Casing* FT 8" Bore in Dirt with Conduit/Line(s) installed in Steel 1W Aia(a 000•CO 71 4000 AB71 Casing* FT -00 8" Bore in Rock with Conduit/Line(s) installed in Steel iiaAc, $44 980,00 72 400 AB72 Casing* FT 10" Bore in Dirt with Conduit/Line(s) installed in Steel } 73 400 AB73 Casing' FTg 10" Bore in Rock with Conduit/Line(s) installed in 4140, )�t@ 74 100 AB74 Steel Casing' FT 12" Bore in Dirt with Conduit/Line(s) installed in Steel d Ac co �P b� $ gA bm 75 300 AB75 Casing' FT 12" Bore in Rock with Conduit/Line(s) installed in �I� a5 I41 �.CU 76 100 AB76 Steel Casing FT 14" Bore in Dirt with Conduit/Line(s) installed in Steel lob 5d3a 77 300 AB77 Casing' FT 14" Bore in Rock with ConduittLine(s) installed in Pqq $ n 78 100 AB78 Steel Casing' FT lgLQ•W 16" Bore in Dirt with ConduittLine(s) installed in Steel �i vc,C)o m' 79 300 AB79 Casing* FT 16" Bore in Rock with Conduit/Line(s) installed in 80 100 AB80 Steel Casing FT 1( 18" Bore in Dirt with Conduit/Line(s) installed in Steel � �7,� 5� I�•� 81 300 AB81 Casing* FT 18" Bore in Rock with Conduit/Line(s) installed in a q?�M'eo 82 100 AB82 Steel Casing* FT 20" Bore in Dirt with Conduit/Line(s) installed in Steel $111.00 } '�I 100. 00 83 300 AB83 Casing' FT 20" Bore in Rock with Conduit/Line(s) installed in �q�'o5 �q �'00 84 100 AB84 Steel Casing' FT 24" Bore in Dirt with Conduit/Line(s) installed in Steel ��,d0 ,1 43 85 300 AB85 Casing* FT o'1C0•CO 24" Bore in Rock with Conduit/Line(s) installed in �•� 86 100 AB86 Steel Casing' FT d 30" Bore in Dirt with Conduit/Line(s) installed in Steel �LvJ Wt' 87 300 AB87 Casing* FT 30" Bore in Rock with Conduit/Line(s) installed in �� 88 100 AB88 Steel Casing' FT 36" Bore in Dirt with Conduit/Line(s) installed in Steel 46p'k la%' 89 300 AB89 Casing* FT -SAD-ta 36" Bore in Rock with Conduit/Line(s) installed in $A-tZ �� �5�•UQ 90 100 AB90 Steel Casing* FT * Per TxDOT Standards PAGE 30 OF BID #3156 ANNUAL CONTRACT FOR WET, DRY & AUGER BORING s. TOTAL ESTIMATIED ANNUAL UNIT ITEM CITY. ID DESCRIPTION UOM PRICE AMOUNT 42" Bore in Dirt with Conduit/Line(s) installed in Steel ����,,'� r, 00 91 300 AB91 Casing` FT 1�1•QCi6"1 42" Bore in Rock with Conduit/Line(s) installed in 15 $32))'J�.G(7 92 100 AB92 Steel Casing` FT �l, 48" Bore in Dirt with Conduit/Line(s) installed in Steel } , 1,, ]gAto 3 47q w.oa 93 300 AB93 Casing` FT 48" Bore in Rock with Conduit/Line(s) installed in ") 560.0 94 100 AB94 Steel Casing' FT 54" Bore in Dirt with Conduit/Line(s) installed in Steel $961- 0 95 300 AB95 Casing' FT 1100'00 54" Bore in Rock with Conduit/Line(s) installed in n A9 006 03 96 100 AB96 Steel Casing* I FT ,400.0 Estimated Total: $91445,89 , d� ` Per TxDOT standards 5-a�-off C��.��`��- _ l' �r�,-iiYeritiortal �arirx Date Signature of Authorized Representative Company Name Note: When pulling multiple pipes, it is easiest to track multiple charges by the bored hole size. Typically 2" over the combined diameter of all products being pulled in should be allowed for in order to reduce pull -in drag. Example: 1 - 14" diameter hole is required to pull in 2 - 6" pipes. 2 x 6" = 12" + 2" extra = 14" PAGE 31 OF BID #3156 ANNUAL CONTRACT FOR WET, DRY & AUGER BORING PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That C & C Directional Borin" e whose adds is 216 Lakeshore Road, Shady Shores, Texas 76208, hereinafter called Principal, and SureTec Insurance Company corporation organized and existing under the laws of the State of Texas, 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, herei after called Owner, in the penal sum of One hundred thousand and no/100---------- DOLLARS 00 000.00- plus 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. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contracdentified by Ordinance Number 2003- , with the City of Denton, the Owner, dated the 15'h day of June A.D. 2004a'copy of which is hereto attached and made a part hereof, for Wet, Dry and Auger Boring.✓ 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 one (1) year 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 may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. Page 18 of Bid #3156 ANNUAL CONTRACT FOR WET, DRY & AUGER BORING 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 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. The term of this bond is for the initial one year term of the contract with annual one-year renewal terms of the option of the Surety. The Surety shall not be liable for Surety's failure or refusal to renew its obligation. 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 copies, each one of which shall be deemed an original, this the I" day of July, 2004.,,," ATTEST: BY �i� i,SECRETARY ATTEST: BY: The Resident Agent of the Surety in Denton County, NAME: PCL Contract Bonding Agency PRINCIPAL: C & C Directional Boring BY: PRESIDENT SURETY: SureTec Insurance Company V BY: - Steven J. Zin er, ttorney-in-FS161 Texas for delivery of notice a r ' of the process ic: STREET ADDRESS: 417 Oakbend Dr. Suite 150, Lewisville, Texas 75067-2345 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) Page 19 of Bid #3156 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732- 0099.You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO 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 Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (the "Act'), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: SureTec Insurance Company, U. S. Specialty Insurance Company, and any other company that is added to SureTec Insurance Company for which surety business is underwritten by SureTec Insurance Company ("Issuing Sureties"). The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to the bond and generally applicable rules of law. This Important Notice Regarding Terrorism Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. Please refer to Attached Rider for Important Notices and Coverage Information Rev. 11.11.2003 / 1 SureTer GENERAL POWER OF ATT EY Know All Men by These Presents, That SURETEC INSURANCE COMPA (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Pauline L. Lesch, Clem F. Lesch, Gary Matula, Steven J. Zinecker, Steven W. Lewis of Lewisville, Texas its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to th None of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars ($5,000,000yfind to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any 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 Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 201h of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 1 lth day of June, A.D. 2002. SURETEC INSURANCE COMPANY Corporate Seal �SURAN o Y vu, X y �0 B WIW v State of Texas Joh npx, Jr., County of Harris ss: """" President On this I Ith day of June A.D. 2002 before me personally came John Knox, Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. DONNA U.IBAGEZ ( --� 10's xoUryPUEMa,NuwetfiwLL(FwNotar Sea] "'""" ."Epk., Do na U. Ibanez, Notar P Y JUNE 71, 2000 Y My commission expires June 1, 2C 06 I, Michael P. Whisenant, Vice President and Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Company at Houston, Texas this 1st day of July , 2004, A.D. / n V mod.....,..... Fe u t; r t� Corporate Seal Michael P. Whisenant, Y. Vice President, Assistant Secretary X_Pv .. -.i i v visa VL YY3YLVLY JLL1V ryJ11J C.VVL/VVJ 07-18-2004 10:58PM FROM -DIVERSIFIED INSURANCE +60-628-5111 T-388 P.001/002 F-827 YACORD� CERTIFICATE OF 1_14 JJ JTY INSURANCE 07 i6 2 PI:000CER CERTIVIONTE 18 ISSUED AS A MATTER of INMRMA' D].VY&RSIBIED INSURANCE AGENCY P.O. BOX 668 404 N NC= ELVO M 411RED C & C DIRECTIONAL BORING 216 IJam SHORE RD V �Q SHADY SHORES, TIC 76208 ^\� rsr.�zrrT� I'NE POLICIES OF INSURANCE LIS(ED BELOW HAVE 59ON ISSUED TOT11B p1SUR p BO ABpVE FORTHE POLICY PERIOD INDICATED. NO]YVRRSTANDM ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER U .. WW4 RESPECT TO WHICH THIS CERTIFICATE MAY aE ISSUED OR MY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S 17,C,I�IEOT TO ALL THE TERMS EXCLUSIONS An OONORIONS OF SUCH POLICIES. A.GGRECMTE LIMITS SHOWN MAY !PAVE BEEN REDUCED By PAID CLAW: :IR TYP60PIN9U POLIDYNOMBER EFFGc7NB VV diFIDATEMMIOUnTIrON LMRm �. 6EHERALU—M-1 X N GENER�A �L16KITY C%A%WM M I X I ocome X OWN21L9 4 OOETRAC79E9 Y-660-8a8R3o98-TCT-Og ' g J9/2004 f / 06/19/200 / / gtpRpCCUppENCE S 1,000,00E FIRE DAAucEUI w o r m { S 100, DOI: Nto6XPUnrero $ 5,001 PER90NALdAOV3 1,000,00C OENERAIAOOREOATE i 2,000,00E 0SN'LACORECATE LIMITAPPUW FOR XI PDLICY 09f Fl LOD PRODUCTS-COMP1p/A00 S 2 000,00E JL A Y0i1t06K6 Uwalury ANYAVM IO ALL OVMD AVS 6CNEOVI.90AUT08 HIREDALROB I NON-0WNEDAUTOS SO-CAE�185.D99D-a-04 4-j9/2004 / I I 06/29/2005 / / I / I I (EP Pcdmi S 11000109C BOpy,Y,„OD,t. (PaTw� S ix 60DILYNAW (� $ PROP 1. 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CITY OF DENTON`e AT=: 20umm SHITE 901 8 TEXAS SxtussS r� VMW ANT OF MM ADM DEMO"= POIAM 8E CW CMW 6EMM THE $Piurn THEREOF, THE MSN/14 MSYRER WILLEMO6IVOR TO MAR. 0 M HOnCE 019 MMAn; HOLDER NAMM VTNE L.M, ECT pNLURe e0 SO LL I 8E rgpLGATKIN OR LMmtrrT OF ANYRIND UPON TIID INSOZS9(99taw EI.11=11 OIAM FORM$NQ-M CW7"S P/pato I I 06-15-2004 10:28PM FROM -DIVERSIFIED INSURANCE +903-628-5111 T-026 P.002/002 F-081 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 certifcate 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 oert1cate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Gerfifioate 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. hCORD 25S (7197) 1�„INS0256 rasrro. 1 vase 2 or 2