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1998-047I CONSTRUCTION PERMIT 1590A) WHEREAS, the City has solicited, received and tabulated competmve bids for the construction ofpubhc works or improvements m 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 hereto described b~ds are the lowest responsible bids for the construction of the public works or ~mprovements described m the bid mxatatlon, b~d proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAI2qS SECTION I That the following competitive b~ds for the construction ofpubhc works or ~mprovements, as described m the "Bid Inv~tattons", "B~d Proposals" or plans and specfficat~ons on file ~n 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 2165 RANDALL & BLAKE $1,503,817.74 SECTION II That the acceptance and approval of the above compet~tive b~ds shall not constitute a contract between the C~ty and the person submitting the bid for constmctlon of such pubhc works or improvements hereto accepted and approved, until such person shall comply with all reqturements specified m the Notice to B~dders including the t~mely execution of a written contract and furnishing of performance and payment bonds, and ~nsurance certificate after notification of the award of the bid SECTION HI That the Caty Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the pubhc works or nnpmvements m accordance w~th the bads accepted and approved hereto, provaded that such contracts are made an accordance with the Not~ce to Badders and Bad Proposals, and documents relating thereto specifying the terms, condat~ons, plans and specfficataons, standards, quantatles and specffied sums contained thereto SECTION IV That upon acceptance and approval of the above competmve bads and the executaon of contracts for the pubhc works and tmpmvements as anthonzed hereto, the City Council hereby authonzes the expenchture of funds an the manner and m the amount as specified m such approved bids and authorized contracts executed pursuant thereto SECTION V That fins ordinance shall become effeetave unmedlately upon its passage and approval ATTEST, JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 2165 CONTRACT ORDINANCE BID SUMMARY LANDFILL EXPANSION PHASE 1 CONSTRUCTION PERMIT NO 1590A BID #2165 RANDALL&BLAKE $1,550,055 68 $1,503,817 74 C WATTS & SONS $1,851,520 21 $1,860,156 53 POWER CONSTRUCTION $1,988,246 62 $1,789,124 53 FOSTER WHEELER $1,995,673 96 $1,886,649 73 LH LACEY $2,060,118 32 $1,972,700 55 METRO-PLEX EXCAVATING $2,096,016 24 $2,060,258 86 ADDICKS SERVICES INC $2,151,871 84 $2,146,844 84 AFFOLTER CONTRACTING $2,360,743 66 $2,478,708 46 LAUGHLIN ENVIRONMENTAL $2,421,753 93 $2,429,402 72 EXHIBIT I CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 3 day of ., MARCH A.D., 19 98 by and between CITY OF DENTON of the County of_ DENTON and State of Texas, acting through T~D BENAVIDES thereunto duly authorized so to do, hereinafter termed "OWNER, ,, and ~n~nAT,?, & BLAKE, INC / LANDMARK RECLAMATION, INC 490~ S WINDERMERE LITTLETONr CO 80120 of the City of ~ITTLETON ~ County of ARAPANOET and State of COLORADO , hereinafter termed "CONTRACTOR. - WIT.NESS. ETH:. That for and in consideration of the payments and agreemen=s ~erelnafter mentioned, to be made and perfoz-med 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 %2165 - LANDFILL EXPANSION p~A~W. I CONSTRUCTION PERMIT 1590A in the amount of s1.503.817.74 and all extra work in ~oO_n~n~e~_c~ion t~_e.r, ewith, under the ter~. as stated i. the General nul=zone cz ~e agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other nepeseary to complete the work specified ~g~;;a~na~a~ee W.~a the. ~.ondition. and prices stated in the re=o, an~ In accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to pBeirdfdoerS_(A_dverti, sement for Bids), Instructions to Bidders, and the rmanoe en~ Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, CA - I blueprints, and o~her drawings and printed or written explanatory matter thereof, and the SpecifAcations therefore, as prepared by all of which are made a part hereof and collectively evidence aha constitute the entire oon~ract. IndePendent It is mutually ~lderstood and agreed by and between City and ~o~t~act~r that .Con,rector is an ~ndependent con~ractor and shall ~e~,e ~..e~_~a ~_~_ ~? or considered an employee of the City of iiLilyl...-t~_5 ~or ~ne ~.u=posem of .income tax, withholding, social ~=u~ u~xes, vaca=ion 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, end it is exl0ressly understood that Contractor shall ~ca~'~ ~_- ~r~css hereug~er according to the attached _~ ~_ _u~n. m~=ne general a%rection of the City Manager of the u~=y or Den=on, Texas, or his designee u~der this agreement. harm.~t:~to.r~s, ga}} ~nd. do.~ hereby agree to indemnify and hold .. _?~ ~,~ u~u~ .o= Den=on Erom any and all damages, loss, or · laDlll=y or any ~nd whatsoever, by reason of injury to property or third persons occasioned by any error, om~ssion or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it As 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 V~t~ 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 tame 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 s~tbject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of the~e presents have executed ~his agreement in the year and day first above written. U U (SEAL) ATTEST: ~~ RANDALL & BLAKE, INC / - ~ ~ LANDMARK RECLAMATION ~ ~, CONTRACTOR MAILING ADDRESS PHONE NUMBER ~ N~BE~ ~RINTED N~E APPROVED AS TO FORM: (SEAL) /City ~t't~rn~ f/ / / AAA0184D Rev. 04/05/96 CA - 3 PAYMENT BOND EXECUTED IN QUADRUPLICATE Bond #158 511 280 THE STATE OF TEXAS ' COUNTY OF DENTON ' KNOW ALL MEN BY THESE PRESENTS That RANDALL & BLAKE, INC. / LANDMARK RECLAMATION, INC. whose address m 4901 S WINDERMERE, LITTLETON, CO 80120, hereinafter called Pnnmpal, and CONTINENTAL CASUALTY COMPANY,, an IL a corporation orgamzed and exmt~ng under the laws of the State of ~ll'~a~, and fully authonzed to corp transact business m the State of Texas, as Surety, are held and firmly bound unto the C~ty of Denton, a mummpal corporation orgamzed and exmt~ng under the laws of the State of Texas, hermnafter called Owner, and unto all persons, firms, and cerporat~ons who may furmsh materials for, or perform labor upon, the bmkhng or ~mprovements hereinafter referred to, m the penal sum of ONE MILLION FIVE HUNDRED THREE THOUSAND EIGHT HUNDRED SEVENTEEN and 74/100-- ($1,503,817.74) m lawful money of the Umted States, to be prod m Denton County, Texas, for the payment of winch sum well and truly to be made, we hereby Innd ourselves, our he~rs, executors, adm~mstrators, successors, and asmgns, jmntly and severally, firmly by these presents Tins Bond shall automatically be ~nereased by the amount of any Change Order or Supplemental Agreement wtuch ~ncreases the Contract pnce, but m no event shall a Change Order or Supplemental Agreement winch reduces the Contract pnce decrease the penal sum of tins Bond THE OBLIGATION TO PAY SAME is condltmned as follows Whereas, the Pnnmpal entered ~nto a eertann Contract, ~dent~fied by Orchnance Number 98-047, w~th the C~ty of Denton, the Owner, dated the 3 day of MARCH, A D 1998, a copy of which ~s hereto attached and made a part hereof, for BID # 2165 - LANDFILL EXPANSION PHASE I CONSTRUCTION PERMIT 1590A. NOW, THEREFORE, ~fthe Pnnmpal shall well, truly and fmthfully perform ~ts dutxes and make prompt payment to all persons, firms, subcontractors, corporations and clmmants supplying labor and/or material ~n the prosecution of the Work provided for ~n smd Contract and any and all duly authorized modifications of sand Contract that may hereafter be made, not,ce of which modifications to the Surety bmng hereby expressly wmved, then tlus obhgat~on shall be void, otherwme ~t shall remain ~n full force and effect PROVIDED FURTHER, that ffany legal action be filed on tins Bond, exclumve venue shall he ~n Denton County, Texas AND PROVIDED FURTHER, that the sand Surety, for value recmved, hereby stipulates and agrees that no change, extenmon oftnne, alteration or adtht~on to the terms of the Contract, or to the Work performed thereunder, or to the Plans, Spemficat~ons, Drawings, etc, accompanying the same, shall ~n anywme affect ~ts obhgat~on on thru Bond, and ~t does hereby wmve not,ce of any such change, extenmon of t~me, alteration or adcht~on to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Spemficat~ons, Drawings, etc PAYMENT BOND - Page 1 This Bond is g~ven pursuant to the pmvmlons of Chapter 2253 of the Texas Government Code, as amended, and any other apphcable statutes of the State of Texas The undermgned end demgnated agent as hereby designated by the Surety herein as the Resident Agent m DENTON County to whom any requisite notmes may be dehvered and on whom serrate of process may be had m matters arising out of such suretyslup, as prowded by Amcle 7 19-1 of the Insurance Code, Vemon's Annotated C~wl Statutes of the State of Texas IN WITNESS WHEREOF, fins ~nstmment m executed m 4 cop~es, each one of winch shall be deemed an original, fins the 3 day of MARCH 1998. ATTEST PRINCIPAL RANDALL & BLAKE, INC / LANDMARK RECLAMATION, INC SECRETARY Pi(ESrlD]~lqT ATTEST SURETY CONTINENTAL CASUALTY COMPANY Debbie Poppe The Remdent Agent of the Surety m Denton County, Texas for dehvery of not,ce and service of the process is Y~XSON-~0NEY-TURNER, INC STREETADDRESS 8610 King George Dr±ye - Dallas, TX 75235-2292 (NOTE Date of Payment Bond must be date ofCon~act IfRemdent Agent m not a corporation, give a nersoa's name ) PAYMENT BOND - Page 2 PERFORMANCE BOND EXECUTED IN QUADRUPLICATE Bond #158 511 280 THE STATE OF TEXAS ' COUNTY OF DENTON ' KNOW ALL MEN BY THESE PRESENTS That RANDALL & BLAKE, INC. / LANDMARK RECLAMATION, INC. whose address is 4901 S. WINDERMERE, LITTLETON, CO 80120, heremaiter called Pnnc,pal, and CONTINENTAL CASUALTY COMPANY,, an IL a corporation orgamzed and emsUng under the laws of the State of '~ and fully authorized corp to transact business m the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a mumclpal corporation orgamzed and exmt~ng under the laws of the State of Texas, heremafier called Owner, in the penal sum of ONE MILLION FIVE HUNDRED THREE THOUSAND EIGHT HUNDRED SEVENTEEN and 74/100 - ($1,S03,817.74) plus I0 percent of the stated penal sum as an addmonal sum of money representing additional court expenses, attorneys' fees, and hqmdated damages ans]ng out of or connected vath the below ldentffied Contract, ,n lawful money of the Umted States, to be prod m Denton County, Texas, for the payment of whlch~sum well and truly to be made, we hereby bind ourselves, our h¢~rs, executors, admlm- strators, successors, and assigns, jointly and severally, firmly by these presents Tlus Bond shall automaUcally be increased by the amount of any Change Order or Supplemental Agreement wtuch increases,the Contract pnce, but m no event shall a Change Order or Supplemental Agreement wtuch reduces the Contract price decrease the penal sum of tlus Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Pnncipal entered into a certmn Contract, identified by Ordmanee Number 98-047, with the City of Denton, the Owner, dated the 3 day of MARCH A D 1998, a copy of winch is hereto attached and made a part hereof, for BID # 2165 - LANDFILL EXPANSION PHASE I CONSTRUCTION PERMIT 1590A. NOW, THEREFORE, if the Prmmpal shall well, truly and faithfully perform and fulfill all of the undertalongs, covenants, terms, conrht~ons and agreements of stud Contract m accordance with the Plans, Specfficat~ons and Contract Documents dunng the original term thereof and any extension thereofwluch may be granted by the Owner, with or w~thout noUce to the Surety, and during the hfe of any guaranty or warranty reqmred under tins Contract, and shall also well and truly perform and fulfill all the undertalongs, covenants, terms, conditions and agreements of any and all duly authorized modifications of stud Contract that may hereafter be made, notice of wluch mochficauons to the Surety bemg hereby wtuved, and, if the Principal shall repmr and/or replace all defects due to faulty materials and workmanstup that appear vothm 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 lndemmfy and save harmless the Owner from all costs and damages which Owner may suffer by reason of fmlure to so perform hereto and shall fully rermburse and repay Owner all outlay and expense Which the Owner may incur m malting good any default or deficiency, then ttus obligation shall be void, otherwise, it shall remain m full fome and effect PERFORMANCE BOND - Page 1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall he m Denton County, State of Texas AND PROVIDED FURTHER, that the smd Surety, for value received, hereby stipulates and agrees that no change, extension oftmae, alterataon or a&htaon to the terms of the Conlract, or to the Work to be performed thereunder, or to the Plans, Speelficataons, Drawings, etc, accompanying the same, shall m anywise affect ars obhgataon on rials Bond, and it does hereby wave notate of any such change, extension of tame, alteration or adchtaon to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Speelficataons, Drawangs, ere Tins Bond ~s gtven pursuant to the pmvmons of Chapter 2253 of the Texas Government Code, as amended, and any other appheable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent m DENTON County to whom any reqmslte notices may be delivered and on whom sennee of process may be had m matters ansmg out of such suretystup, as pmvlded by Amcle 7 19-1 of the Insurance Code, Vemon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, flus instrument is executed m 4 copies, each one of wlueh shall be deemed an original, this the 3 day of MARCH, 1998 ATTEST PRINCIPAL RANI)ALL & BLAKE, INC / SECRETARY /~'-r { PRESIDENT ATTEST SLrRETY t 0 ATTORNEY'-i~N-FACT Debb:te Poppe The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is MAX$ ON-I~ItONE¥- TURNER, IRC STREET ADDRESS 8610 K'In~i Oeorge Drive - Dallas, TX 75235-2292 CNOTE Date of Performance Bond must be date of Contract If Resident Agent Is not a corporation, give a person's name ) PERFORMANCE BOND - Page 2 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Mart By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois ~orporabon, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Conne~lcut corporat3on, AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA, a Pennsylvania corporation (herein Colls=ttvaly celled '~he CNA Surety Companies"), era duly organized and existing corporations having their principal offices in the C~ of Chicegoi and State of Illinois, and th~ they do by virtue of the a~gnature and seals hara~n affixed hereby make, constitute and appoint W~ll~am M O'C~nnell~ Jr~ Sarah Finn~ Brad C Gtbaon~ Teresa Palsm~no~ Sue Wood~ Debb~ePeppe~ Shelley Cz~kowski, Ind~dually of Denverr Colorado , , ~ their true and lawfuI Atlomey(a).ln-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds undertsklngs and other obligatory instruments of similar nature - In Unl~mited Amounts - and to b~nd them thereby es fully and to the same extent es if such instruments were signed by a duty authorized officer of their corporabons and a~l the acts of said Attorney, pursuant to the authority hereby given are hereby marled and confirmed Th~s Power of Atl;omey is made and executed pursuant to and by authonty of the By-Laws and Resolutions pr~ntsd on the reverse hereof duly adopted, as ~ndiceted, by the Boards of Dire=tore of the ¢=rporetions In Wlthsse Whereof, the CNA Surehes Companies have caused these presents to be a~gned by their Group Vice Preeident and their corporate seals to be hereto affixed on th~s 2nd day of June 1997 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA M C Vonnahroe Group Vice Prss~dent Stats of Illinois CoUnty of Cook, ss On this 2nd day of June 1997 before me parssnaiiy came M C Vonnahme i, ts me krmwn, who, being by ma duly sworn, d~d depose and say that he resides ~n the V~llage of Danen, State of lthno~s that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN C,~SUALTY COMPANY OF READING, PENNSYLVANIA described ~n and which exsouted the above ~netrument, that he knows the seals of ~l~d Corporabene, that the asals affixed to the said instrument ara such corporate seals that they were so affixed pursuant to authorlt7 gtven by the Boards of Dlrantsrs of said corporations and that he eigned his name thereto pursuant to like authority, and acknowledges same to be the a~ end deed cf sa~d Corporations My Commission Expires June 5, 2000 EiIsan T Psohuts Notary Public CERTIFICATE I Rob=rt E Ayo, Asaietsnt Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby cerbfy that the Power of Attorney hera~n above set forth is still In force, and full:her certify that the By-Law and RsaollJtion of the Beard of D~rsotors of each corporation printed on the reverse hereof ara st~ll in force In tesbmony whereof I have hereunto subecr~b,.e~.j~ny narcs and affixed the seals of the sa~d corporations th~s 3rd day Of [~_az'ch ~ =~o CONTINENTAL CASUALTY COMPANY Robert E Ayo Assistant Secretary (Rev 7/14/95) Author,z~ng By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY This Power of Attorney ~s made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Dirsators of the Company "Article IX---Exsoutlon of Dooumenfa Se~cn 3 Appointment of Attomey-~n-fact The Chairman of the Board of Dlrsotors, the Praa~dent or any Executive, Semor cr Group Vioa Pras~dect may from time to time appoint by wrfiten cerbfioatss attomeye-~n-fect to act m behalf of the Company ~n the execution of poholes of ~nsursnoa bonds undertakings and other obligatory instruments of l~ke nature Such attomeys-ln-fect subJect to the hmrtations eat forth ~n their respactive oart~ioafas of authorrty, shall have full power to b~nd the Company by their s~gnature and execubon of any such ~oatrumects and to attach the seal of the Company thereto The Chairman of the Board of Diraotors the Presldsot or any Executive, Semor or Group Vice President or the Board of D~rsctors, may at any time, revoke all power and authonty prewously g~ven to any attomey-~n-fact This Power of Attorney ~s s~gned and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of D~rsctors of the Company at a meeting duly called and held on the 17th day of February 1993 "Resolved that the signature of the President or any Executive Senior or Group Vice Prealdsot and the seal of the Company may be affixed by facsimile on any power of attomey granted pursuant to Section 3 of Ar~cle IX of the By-Laws, and the slgnatura of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by faoa~m~le to any oartflicate of any such power and any power or oartnqcats beanng such facsimile s~gcatura and seal shall be vahd and binding on the Company Any such power so executed and sealed and oa~fled by co.floats so executed and coaled shall, with respect to any bend or underfaklng to which It Is attached continue to ba valid and binding on the Company ' ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANia Thrs Power of Attorney ~s made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company "Article VI--Execution of Obligations and Appointment of Attorney-th-Fact Se~on 2 Appointment of Attorney-m-fact Tha Chairman of the Board of Directors the Proa~dent or any Exsou~ve Sen~or or Group Vice Prasldent may from time to time, appoint by written oarbfioates attorneys-an-fact to act ~n behalf of the Company an the execution of policies of ~nsursnce, bonds, undertsk~ngs and other obhgatory instruments of hke nature Suoh attorneys-m-fa=t, subject to the hmitabons set forth in their respsotive oartrfioatss of authority, sholl have full power to b~nd the Company by their s~gnature and execution of any such ~nstrumants and to attach the seal of the Company thereto The President or any Executive Senior or Group Vice President may at any time revoke all power and authorrty previously given to any attorney-in-fact" This Power of Attorney ~s signed and coaled by facsimile under and by the authonty of the follow~ng Roaoluflon adopted by the Board of D~rsctors of the Company at a moating duly called and held on the 17th day of February, 1993 "Resolved that the s~gnaturs of tha Prss~dant or any Executive, Senior or Group Vice Proa~dant and the seal of the Company may be affixed by faoalm~le on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certrfioats beanng such faoalm~le s~gnaturs and seal shall be vahd and blndrng on the Company Any suoh power so executed and sealed and oa~fied by oartrfloato so executed and sealed shall, with raapsot to any bond or undertaking to whioh It ~s attached, continue to be volld and binding on the Company" ADOPTED BY THE BOARD Of DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD Th~s Power of Attomey ~s made and executed pursuant to and by authority of the followng Resolution duly adopted on February 17 1993 by the Board of Directors of the Company 'RESOLVED That the Pras~dent an Exect~ve Vice President, or any Senior or Group Vice Prsa~dent of the Corporetion may, from time to time, appoint by wntfan oarbfioatss Attorneys-~n-Fact to act In behalf cf the Corporstion ~n the execution of polrc~ea of msuranco, bonds undertakings and other obligatory ~nstruments of I~ke nature Such Attorney-In-Fact, subject to the lirn(cations set forth ~n their respecave cartffioatsa of authonty shall have full power to b~nd the Corporation by tha~r signature and exsoution of any such Instrument and to attsoh the seal of the Corporation thereto The Prasldent an Executive Vice Preaipant, any Semor or Group Vice President or the Board of D~rectors may at any time revoke all power and authority previously given to any Attorney-in-Fact" Th~s Power of Attorney ~s s~goad and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of Fabruary 1993 "RESOLVED That the s~gnaturs of the President an Executive Vioa President or any Semor or Group Vice President and the seal of the Corporefaon may be affixed by facsimile on any power of attorney grsntsd pursuant to the Reeclut~on adopted by th~a Board of Directors on February 17 1993 and the s~gnature of a Secretary or an Ase~stsnt Secretary and the seal of the Corporation may be aft[xed by faoa~m~la to any ~erbfioate of any suoh power, and any power or oartrfloate beanng suoh faoalm~la a~gnature and seal shall be vol~d and b~ndlng on the Corporation Any such power so executed and sealed and certified by corlffioats so executed and sealed, shall with respect to any bond or undertaking to which It is attached continue to be valid and binding on the Corporation' IMPORTANT NOTICE To obtain information on surety companies, coverages, rights, or to make a complaint, you may contact the Texas Department of Insurance at 1-800-252-3439 You may write the Texas Department of Insurance at P 0 Box 149104 Austin, TX 78714-9104 Fax #(512) 475-1771 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim, you should contact the agent or surety compan~ first If the dispute is not resolved, you may contact the Texas Department of Insurance AGENT Lockton Companies of Colorado, 4500 Cherry Creek Dr So #400 Denver, CO 80246-153'2 (303) 753-2000 SURETY COMPANY Continental Casualty Company 10333 East Dry Creek Road, Suite 220 Englewood, CO 80112 (303) 858-4100 ATTACH THIS NOTICE TO YOUR BOND/POLICY This notice is for information purposes only and does not become a part of or condition of the attached document CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the ineurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent Iow bidder fails to comply strictly with the Insurance raquiraments, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: W~thout limiting any of the other obhgations or liabilities of the Contractor, the Contractor shall prov;de and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the mm;mum insurance coverage as indicated hereinafter As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, contain,ng the number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly adwsed to make such requests pr;or to open,rig, since the insurance requ,rements may not be modified or waived after b~d opening unless a written exception has been subm,tted with the bid Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton All insurance policies proposed or obta,ned in satisfaction of these requirements shall comply with the following general specifications, and shall be ma,nra;ned in comphance with these general specifications throughout the duration of the Contract, or longer, if so noted: · Each policy shall be issued by a company authorized to do bus;ness ;n the State of Texas with an A M. Best Company rating of at least A · Any deductibles or self-insured retentions shall be declared ~n the proposal If requested by the City, the insurer shall reduce or ehm~nate such deductibles or self-insured retentions with respect to the City, ~ts AAA00350 REVIEED 10112/94 CI ' 1 Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. · LlabillW polic,es shall be endorsed to provide the following: e· Name as additional insured the C~ty of Denton. ~ts Officials. Agents, Employees and volunteers. e· That such ,nsurance ~s primary to any other Insurance avmlable to the additional Insured w~th respect to cia,ms covered under the pohcy and that this Insurance applies separately to each ~nsured agmnst whom claim is made or suit is brought The inclus~on of more than one Insured shall not operate to increase the insurer's limit of liability. · All pohc,es shall be endorsed to provide th~r~y(30) days prior written not~ce of cancellation, non-renewal or reduction in coverage · Should any of the required insurance be prowded under a clmms-made form, Contractor shall maintmn such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising dunng the contract term wh,ch give rise to clmms made after expiration of the contract shall be covered. · Should any of the required insurance be prowded under a form of coverage that includes a general annual aggregate limit prowding for clmms investigation or legal defense costs to be ~ncluded m the general annual aggregate limit, the contractor shall e~ther double the occurrence I,m~ts or obtain Owners and Contractors Protective L~ab~l~t¥ Insurance. · Should any required insurance lapse dunng the contract term, requests for payments originating after such lapse shall not be processed until the C~t¥ recmves satisfactory ewdence of reinstated coverage as required by th~s contract, effective as of the lapse date. If ~nsurance ~s not reinstated, C~ty may, at ~ts sole option, terminate th~s agreement effective on the date of the lapse. AAAOO360 ~'v,s~o ~o/~=m4 CI - 2 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained In satisfaction of this Contract shall additionally comply w,th the following marked specifications, and shall be mainta,ned in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: General Liability Insurance: General Uab,l,ty Insurance with combined single limits of not less than $1,ooo~0oo.00 shall be provided and maintained by the contractor. The pohcy shall be written on an occurrence basis either in a single policy or ,n a combination of underly,ng and umbrella or excess policies If the Commercial General Liability form (ISO Form CG 0001 curren; ed;tlon) is used: · Coverage A shall include premises, operat,ons, products, and completed operations, independent contractors, contractual hab~l,ty covering this contract and broad form property damage coverage · Coverage B shall ,nclude personal Injury · Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) ~s used, it shall Include at least' · Bodily injury and Property Damage L~ab~llty for prem;ses, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures · Broad form contractual liabll,ty (preferably by endorsement) covering this contract, personal ~njury liab;hty and broad form property damage liability. AAA00350 P~'V~SED ~0/~=/~4 CI - 3 Insurance Requirements Page 4 Automobile Uability Insurance: Contractor shall provide Commercial Automobde Llab;lity Insurance w~th Combined Single Limits (CSL) of not less than $1,ooo,o0o.ooeither in a single policy or In a combination of basic and umbrella or excess policies. The policy wdl Include bodily Injury and property damage liability arising out of the operation, maintenance and use of all automob,les and mobile equipment used In conjunction w;th this contract. Satisfaction of the above requirement shall be m the form of a pohcy endorsement for: · any auto, or all owned, hired and non-owned autos. Workers Compensation Insurance Contractor shall purchase and maintmn Worker's Compensation insurance which, ~n addlt;on to meeting the minimum statutory requirements for ~ssuance of such ~nsurance, has Employer's Liabd~ty hm;ts of at least $100,000 for each acc;dent, $100,000 per each employee, and a $500,000 policy limit for occupational disease The City need not be named as an "Additional Insured" but the ~nsurer shall agree to waive all rights of subrogatmn against the C~ty, ~ts offic~als, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the prowslons of Attachment 1 ~n accordance w~th §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Comm~smon (TWCC) [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtmn, pay for and mmnta,n at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Lmbd,ty insurance pohcy nam,ng the C~ty as ~nsured for property damage and bodily injury which may anse ~n the prosecution of the work or contractor's operations under this contract Coverage shall be on an AAA00360 REVISED 10/12/94 CI - 4 Insurance Requirements Page 5 "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily Injury and property damage per occurrence with a ... aggregate. [ ] Fire Damage Legal Uabillty Insurance Coverage is required if Broad form General Uabil,ty ,s not prowded or is unavailable to the contractor or If · contractor leases or rents a portion of a City building Limits of not less than each occurrence are required [ ] Professional Liability Insurance Professional liability Insurance with llmlts not less than per claim with respect to negligent acts, errors or omissions ~n connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Bu,lders' Risk Insurance, on an Ali-Risk form for 100% of the completed value shall be provided Such policy shall ~nclude as "Named Insured" the City of Denton and all subcontractors as their ~nterests may appear. [ ] Additional Insurance Other insurance may be required on an ~ndlvldual basis for extra hazardous contracts and specific service agreements If such additional insurance ~s required for a specific contract, that requirement w~ll be described ~n the "Specific Conditions" of the contract specifications AAA003$0 ~=v=a~ ~on2/e4 CI - 5 Insurance Requirements Page 8 ATTACHMENT I Worker's Compensation Coverage for Building or Construction Projects for Governmental Entitles A. Definitions: Certificate of coverage ("certlflcate")-A copy of a certificate of insurance, a certificate of authority to self-insure ~ssued by the commission, or a coverage agreement (1'WCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation ~nsurence coverage for the person's or entity'a employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" in §406.096} - Includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly w~th the contractor and regardless of whether that person has employees This ~ncludes, without limitation, independent contractors, subcontractors, leasing companies, motor carrters, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to prowde services on the project "Services" include, without Iim.tatlon, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. 'Services" does not ~nclude activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requ.rements of Texas Labor Code, Section 401.011 (44) for all employees of the contractor providing services on the project, for the durst;on of the prolect. AAA00350 REVISED 10112M4 CI - 6 Insurance Requirements Page 7 C. The Contractor must provide a cenlflcata of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new cenlflcata of coverage with the governmental entity showing that coverage has been extended. E. The contractor 8hall obtain from each person providing services on a project, and provide to the governmental entity. (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons prowdlng services on the project; and (2) no later than seven days after receipt by the contractor, a new certlficata of coversge showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter G. The contractor shall notify the governmental entity m writing by certified mall or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. REVISED 10/~2/~4 Cl - 7 Insurance Requirements Page 8 I. The contractor shall contractually require each person with whom It contracts to provide services on a project, to: {1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage show. ng that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; {5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mall or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and REVISED 10/12M4 CI - 8 Insurance Requirements Page 9 (7) contractually require each person with whom ~t contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor ia representing to the governmental entity that all employees of the contractor who wdl provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, w;th the commission's Division of Self-Insurance Regulation. Providing false or m;sleading Information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other ciwl actions.. K. The contractor's failure to comply w,th any of these provisions ~s a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after race,pt of notice of breach from the governmental ent,ty. AAAO03~O .~'v~o~ Cl - 9 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF DENTON LANDFILL EXPANSION CONSTRUCTION CONTRACT IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or parttes interested m this proposal as pnnctpals are those named herein, that thts proposal Is made without collusion wtth any other person, firm or corporation, that he has carefully examined the form of contract, Notice to Bidders, specifications and thc plans therein referred to, and has carefully exammed the locations, conditions, and classes of materials of the proposed work and agrees that he wdl 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 specfficattons m the manner prescribed herein and according to the reqmrements of the City as therein set forth It ts understood that the following quantiues of work to be done at umt prices are approxtmate only, and are intended principally to serve as a grade tn evaluating btds It is agreed that the quantities of work to be done at umt prices and material to be furmshed may be increased or diminished as may be considered necessary, tn the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased am to be performed at the unit prices set forth below except as provided for in the specifications It ts further agreed that lump sum prices may be mcreased to cover additional work ordered by the City, but not shown on the plans or reqmred 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 ~s understood and agreed that the work is to be completed in full wtthm the number of work days shown on the bid tabulation sheet Denprop doc P- I 112798 Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, m 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 fa,l 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. BIDDER Accepts BIDDER accepts all of the terms and conditions of the AdveFflsement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will ranmln subject to acceptance for :3S days after the day of Bid opening BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documants required by the Bidding Requirements within iS days after the date of OWNER's Notice of Awned. BIDDER's Representations In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: a BlDDER has examined and carefully studied the Bidding Documents and the following Addenda receipt of all which is hereby acknowledged'- (List Addenda by Number and Date) ADDENDA NO. DATE ,2-13 -~'g b. BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. c. BIDDER is fmmi!lar with and is satisfied as to oil federal, state and local Laws and Regulations that may affect cost, progress, performance ami furnishing of the Work. BIDDER acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities ut or contiguous to the site d. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary exam!nntions, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which nmy affect cost progress, performance or furnishing of the Work or Denprop doc P-2 1/2/98 which relate to any aspect of the means, methods, techmques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto BIDDER do~ not consider that any additional examinations, investigations, explorations, tests, studi~s or data are nece~ary for the determination of this Bid for performance and furnishing of the Work in accoraanee with the tiM, price and other terms and conditions of the Contract DocUments. BIDDER is aware of the general nature of Work to be performed by OWNER and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. BIDDER has correlated the information known to BIDDER, information and~ observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents BIDDER has given ENGLNEER written notice of all conflicts, errors, ambiguities or discrepancies in the Contract Documents and the written resolution thereof by ENGI~EER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furmshing the Work for which this Bid is submitted Where conflicts, errors, ambiguities or discrepancies have been discovered in or between Contract Documents and/or other related documents, and where said conflicts, etc, have not been resolved thruugh the interpretations or clarifications by ENGINEER as described in the Instructions to Bidders, because or insufficient time or otheFwise, BIDDER has included in the Bid the gFeater quantity or betteF quality of WoFk, or compliance with the more stringent requiFement resulting in a greater cast. This tlJid is genuine and not made an the InteFest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, assot:lation, organization or corporation; BIDDER has not diFectiy or indirectly mduced or solicited any other BIDDER to submit a raise or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding, and BIDDER has not sought by collusion So obtain for itself any advantage over any otheF BIDDER or oveF OWNER The undersigned hereby proposes and agrees to perform all work of whatever nature required, ,n strict accordance with the plans and spec,ficatlons, for the following sum or prices, to wit Denprop doc P-3 1/2/98 J03 34? 1844 02×19/98 11 38 RANDALL + BLAKE INCa RBI SOUTHLAKE NO 218 P003×0O6 JAN-30-1998 17 38 IIDI ~-Ihfl PlrlG I~E ~ 960 4471 P 84/~ mNO SHEET 1 of 4) ii'~M DES( RIP'rlON QOA~'l'ri--,t UNIT UNIT PRICE TNRCC Precon. meetin~ in Austin Umt Pn~ m Wo~ds - 2 Envlronmeu~l Conlrols, complete I LS $~,om/LS including all erosion cuntroh, finel slope ~dlug, ~nst~cfion ep~ce1 3 Ex'Vail(m, complet~ mclu,l,n~ ~7,1~ CY $ ~) ;u~ey consol) opel ; of e~sti~ dewaleri.~ Uml Price m Words 4 ~mlty Controll~ ~'ompacl.d 20,~ Fill, comple~ mclnding ~kmg, survey control, density comrol, t Ung Uml ~ m Woedg 5 O~membrane l.iner, ~mnolh, 3~,742 in~Ued complele Unn Pncc m Word, 6 G~membrane l,iner, lexl.red, 68,174 ...... inp~led eomplele~ , Umt Pnce m Wo~ds 7 G~ocomposile Drainage Malerlal, 64,490 SF $ . in~ed complete Umt P. cem Words 8 L~cha~ Cullecllu. Aggregate, 12,094 CY $ com~)e~e including slak~g, t.sl~g _ Umi Pnuc m Wmd~ Deb&zb2 doc I i/30/98 503 34? 1844 02/19/98 ii 58 RANDALL + BLAKE INCa REI $OUTHLAKE NO 218 POO4/OOG $AN-30-1998 17 39 H[,~ EHgl~ B~Bt~LA~ !~ D~C~I'FION QUANTI~ ~IT ~IT PRICE TOT~ comp~ including s~k~g, survey c0n~ol, ud 8 OZ. geo~t~e Unit ~ce m c0mpl~e ~ ~mt Pncc ~Words 2.IN Return lines i~t~ed complete, ~cluding ~ncased Cranu~r Malen=l ..... Umt Price m Words 18-iN ~chote Smnp Riser, compJete hdu~n~ all hbor. shJ~Jn~ and mn(efl~s (end ~ps), L~chnte Stop Access compJete ~cJud~ ~J labor mid maMfl~, ~ncb. PVC sump drmn~ ~C pipin8 m~Jtotd wtflt h~e~ nd mi~. appuFtenauces; ~nchate Extraction complete lndud~ sump pump~ cabl~, COU~FOIS, discharge flexhose nd fliers, panelhoards, WOFk, under~round ~ ondufl~ boJhrds, leveJ tF~II~II~eF, .Jlld Unit Price m Words 13 Gabion ~own S~,clure), complete, hclud~g ear th*~ ork and MI materiM~ Unit Price m 14 Reuo Ma~r~, msmll~ ~0mple~ 260 Unit Pnco m Word~ De.tab2 ~ 2 1/~98 ~0~ 34? 1844 02'19/98 ll 39 RANDALL + BLAKE INC ~ RBI SOUTHLAKE NO 218 POO5×0D6 JAN-JO-1998 17 ]9 WI~ Ft~ ~r~IHG It~ 9~ 9s0 4~?1 P OSxO? BID TABUL,STION SHEET (oaee 3 of 4) iTEM ~ DES('KIPTIO~ QUANTITY UNIT UNIT PRICE [ TOTAL I ' Is- S,700 SY S including sl~king, testhzg, subRrade prep., rompaction rollinf~t etc. -- ... , Umt Price m Word~ ~ 16 [ GrB~elAcce~RoGd, comDiele 14,500 SY tn~udin~ sta~ng, ~ting, I sub.nde p~p., compachoo, ~:~ ~... . .... Umt Pnce m Words ~ [ POnd O~et Slmcmre, eomplele I ~ $~, ~/~ $~, }~ oo I includm~ RCP ~lpes. eoncrele s~lway, survey ~nlrol lens~1y eonlroll~ flH~ dumped n~k riprap Unit Pri~ In %ords 18 J Pe~nuent Si~ Entr~flce Ditch I ~ $ / ~ $ C~nina, complete ineludb~ RCP ~7, 23~. ~7,~M-~ box culvefl, headwalls, ~n.,tv . cont~oiJ~d fl~_SUl veX con~rol Ufllt PfICO ill WOldS ~9 f ~l~ens ~nloadin~ ~rea )iIch 1 ~rossinK. comptete i,cJudm~ /~. R~ densit~ c~mrolled UnK Price ~n Wonts empurary SiM Atct'~q, comph, te I ~ $ ~ )~ / ~ $ ~? ~ ~.~ I hcludhg CMPs, deusfl~ I flJl~ sury~y control Umt Price In Words Umt Price m Words .... Debdmb2 doc ~ !130/98 303 34? 1844 02/19 98 ll 3~ R~NDALL + BID TABU~X liON SHEET 22 Site Consl~ctiofl Sigfl~ ., ..... $~, ~.~ ~ 68 LF 24" RCP w~th slo~d ~ d I ~ $~/~ Eeatm=nt, 48 L~ ~" RCP w~m treatment. 76 L~' 24" CMP Wllh ALR~ATiVE Bll) ITEMS ~EM I)Fh('g~l iO~ QUA~IT UNIT ~ PRICE TOTAL Y A I ~rai~, installed. ~;i,.Oi~- - LF I including ex~wtion dram tde and I a~iregate backfill. BI I Add G~compoqite l~:~inag, 393,916 SF ] MaterJ~ on Bo. om ~md Sides of F Call -a2 J Add ~'~tknebs Pr(sic, live 31,4 t1 CY $__a, ~O / $~-~ I Cove~ Ma~rml aq &Jmwn ,n CY / Drawings, JnstaUed (.om. plelt, I Includin~ Sl&lfla dud qatrw / Control , - 1130/98 Debdtab2 doc 4 TOTAL P 07 BID UMMARY TOTAL BID PRICE IN WORD In the event of the award of a contract to the undersicSned, the undereigned will furnish a performance bond and a pa~nt bond ~e ~11 ~ount of ~e ~ontract, to sec~e proper ~omplianee wi~ ~e te~s and provisions of ~e contract, to ins~e and ~arantee ~e work ~til final completion and acceptance, and to ~arantee pa~ent for all lawful claims for labor perfo~ed and materials furnished in ~e fulfillment of ~e contract. It is understood ~at ~e work proposed to be done shall be accepted, when fully completed and finished in accordance wi~ ~e plans and specifications, to ~e satisfaction of ~e Engineer. The undersi~ed certifies that ~e bid prices contained in ~is proposal have been =arefully checked and are s~mitted as correct and final. Unit and l~p-s~ prices as sho~ for each it~ listed in this proposal, shall, control over.e~ensions. Street Address City and State Seal a Au~orization /_ . ~ ~1l~ (If a Co~oration) Telephone B - i POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know NI Melt By Thase Presel~to, That CONTINENTAL CASUALTY COMPANY, an IIIioors corpore~on, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a ConneCticut oorporat~on, AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA, a Pennsylvania =orpomtlon (herein collectively called "the CNA Surety Companies"), am duly organized and exls~ng corporations he'wng thefr pnnmpal offices ~n the City of Chlcago~ and State of Illinois, end that they do by virtue of the signature and seals herein affixed hereby make, consMuta and appoint Wilhem M O'Connsll~ Jr ~ Sarah Finn~ Brad C Gliba~lr Teresa Palomloo~ Sue Wood~ Dabble Poppe, Shelley Czajkewskl, IndMduall~/ of Danver~ Colqmdo their true and lawful Attomsy(o).In-Faot w~h full power and authority hereby conferrad fo mgn, seal and execute for and on their behalf bonds undertakings and other obligatory in~rumenta of elmiisr nature - In Unlimited Amounts - and to blm:l tt~m thereby an fully end to the asme extent es if such In~eIJments were elgne~ by a duly authonzed officer of their corporabons and all the acts of caid Attorney, pumusnt to the authority hereby given ara hereby rat]fled and confirmed Th;s Power of Attomsy is made and exanutad pursuant to and by autP~lty of the By-Laws and Rasolut]ons, pnnted on the reverse hereof duly adopted, as ;nd~catod, by the Bcarda of D~rantora of the oorporaflons In WIt~eas Whereof, the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 2nd day of June 1997 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA M C Vonnabme Group Vice President State of Illinois County of Cook, as On this 2nd day of June , 1997 before me personally came M C Vonnahms , to me known who, being by me duly sworn, did dspcae and say that he rasldes In the Village of Danan State of Ilhno~s that he ~s a Group Vice President of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA dascnbed in end which executed the above matrumsnt that he krmws the seals of smd oorporations, that the basis affixed to the said instrument ara such corporate seals that they were so affixed pursuant to authority given by the Bcarde of Dlresfora of asld corporations and that he signed his name tt~rafo pursuant to like authority, and ac=knowisdges same to be the act and deed of said oorporaflone My Commission F-~p~ras June E, 2000 Etisan T Pachuta Notary Public CERTIFICATE I, Robert E Ayo, Aaslatant S~ratory of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE ISSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney here~n above set forth ,s still in foroa, and fudller cat,fy that the By-Law and Rasolutloo of the Board of Directors of asoh corpora~on pnntod on tbs raveme hereof are sbll ~n force In ta~mony whereof I hsve hereunto subscribed my name and affixed ths seals of the said corporabone th~ 19 th day of February 1998 ~ ~ ~ ~ToINNAELNTFIARLE~'~LAT~YcCEOcMoPI~pN;Ny OF HARTFORD AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA Robert E Ayo A~s~eisnt Secret~rV (Rev ?114/95) CERTIFIED COPY OF RESOLUTION OF BOARD OF DIRECTORS OF (NamJ of CoerCion) v.~'. RESOLVED that (Pera~ Author~ to Sign) (Title) Of ~E~ ~ / ~ ~ ~ be authorized to sign and submit (Name of Cor~mt~n) the Bid or proposal of this co~omllon for the following project CI~ OF CHANDLER, MUNICIPAL ~NDFILL PHASE 2 CLOSURE, CI~ PROJECT NO 79601 404. The foregoing isa tree and correct copy of the resolution adopted by ~ ~ ~.. //. ~ ~l~p,~/~, at the meeting of ~ts Board of (Namdof Corporation) Dlrectom held on the ~Z day of ~ ~ , 19~ ? By ~ t ~c~ (Signature) E~bA ~ (This form must be completed if the Bidder is a corporation ) Cedifled ~"nov of Resolution of Board of Directors 26 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A3'/O Bid Bond KNOW ALL MEN BY THE SE PRESENTS, thatwe Randall & Blake, The. 4901 So. Windermere St. Littletona CO 80120 as Principal, hereinafter called the Principal, and Continental Casualty Company IHe~e m~ett full name and &ddre~s or re,al t,tie o(Su~W) ~A ela~a Cb/cago, [~ 60685 a corporation duly o~amzed under the la~ of the State of as SureW, hereinafter ~lled the SureW, are held and firmly bound unto ci:y o[ Dentons Purchasing OepC. (Here inse~l full name and a~cess or lesal I~lle of ~er) 901-~ Texas Street nco , 7620 · sogKsee', ,fte* c~t~d the Oblisee, m the sum of Five Percent of Bid ~unt ........................ Dollars ($ 5% ....... ), for the payment of whrch sum well and truly to be made, the said Pnnapal and the said SureW, brad ourselves, our heirs, ~ecutors, administrators, successors and assigns, jointly and severally, firmly by these presen~ WH E REAS, the Principal has submitted a b~d for cKe~ mMft full name addres and descnp~son Land~tll Kxpanalon, Phase I Construc:zon ~emtt Ho. ~590A, aid Ho. 2165 Ear:h ~ovtng, Liner Installation, Box Culvert NOW, THEREFORE, if ~e Oblt8~ shall accept ~he bid of the principal and the Pnnc~pal shall enter mm a Cont~c~ with the Obiis~ m accordance with the terms o~ such bid and s,ve such bond or bonds as may be s~ctfied m the b*ddm8 or Contract Documefl~ with 8ood and sufftcJen~ sureW for the faithful performance of such Contract and for ~he pFomp~ payment of labor and matetsaJ furmsh~ m the pto~cut~ofl ther~f, of m the pvem of the fadure o[ the Pnncspal to enter such Contract and swe su~ bond or bonds, tf the Principal shall pay to the Obh8~ lhe d~ffefence not to exceed the he~eof ~fl the amount specified n said bid and such tarser amount for which the Obh8~ may m sood faith contract w~th another pa~ to peffo~ the Work cover~ by sa~d b~d, ~hen this obhsatton shall be null and vo d, otis,se to remain m lull force and effe~ 5~gned and sealed this 19th day of geb~ary ~9 98 ~ ~ /~1~ ~ Randall & Blake, [nc ~C°ntznental Casualty Company '~ue ~ood~ A~:orney-~n"Fact AIA DOCUMENT A~I~ · BID BOND · AIA · · FEBRUARY 1970 iD · THE AMERICAN I~TITUT[ OF ARCHIT[~S 17~5 NY AVE, NW, WASHINGTON D C 2~ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lockton Compeniell of Co , Inc HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4500 Cherry Creek Drive South ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Suite 400 M1 COMPANIES AFFORDING COVERAGE Denver, CO 80246-1532 COMPANY 303-733-2000 A Travelers Indemnity Company Randall & Blake, Ino B Indemnity Insurance Co of NA 1801 W Bel leviow COMPANY Llttleten, CO 80120 C I D A X COMMERCIALGENERALLIABILITY 784Fa693T1A-97 7103/97 7103198 PRODUCTSCOMP/OP ACe $ 2,000,000 I CLAIMS MADE ~ OCCUR XCU I NC L PERSONAL & ADV INJURY $ 1 , O00, O00 X Per project egg FIRE DAMAOE (Any one fire) $ 50,000 A XI ANY AUTO 784FEBg3T1L-g7 7/03197 7/03/98 1 ,000,000 A '-~ UMBRELLA FORM CUP784F86g3 7/03/07 7103/98 AQeREOATE $ 4,000 ,000 ~OMPENSATION AND Al STATUTORY LIMITS B EMPLOYeRS'LIABILITY C42411460 1/01/08 1101109 EACH' ACCIDENT '~ 1001000 DEl OalPTION OF OPERATIONS~OO&YIONS VERII;L~elEREOIAL ITEMS RE Landfill Expansion, Pheee I Construction City of Denton, Its Officials, Agente, Employees end Volunteers are included as Additional Insured on General and Automobile Llabilitv~ This Insurance is primary revised 3110/98 ++ g01-B Texas St ~I~K~J;I¥~AtR~KX~J~X~t~NIYX~XI~t~'~X~I~I~( Dentonl ' TX 76201 M1 A~l'H~l~lr~* RSPRESENTATIVS~I DJ~...~.~ ~ ~L~M~ /r,L 320020000