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1996-196 NOTE Change Order - Ordmnance No 98-103 ORDINANCE NO (~-Iq to AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of pubhc 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 herein described bids are the lowest responsible bids for the construction of the public works or improvements described m the bid mmtatlon, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the followmg competitive bids for the construction of pubhc 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 ~CTOR AMOUNT 1931 CIRCLE "C" CONSTRUCTION $191,938 50 1936 HYDRO PUMP & EQUIPMENT $136,295 00 1940 INSITUFORM TEXARK, INC $ 99,971 30 1941 JAGOE PUBLIC COMPANY $326,141 00 1942 DBR CONSTRUCTION $ 38,825 00 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements hereto 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 III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the pubhc works or ~mprovements ~n accordance with the bids accepted and approved here~n, prowded that such contracts are made tn accordance with the Notice to B~dders and B~d Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specffied sums contained there~n SECTION IV That upon acceptance and approval of the above compet~nve bids and the execution of contracts for the public works and ~mprovements as authorized here~n, the C~ty Council hereby authorizes the expenditure of funds ~n the manner and ~n the amount as specified ~n such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective ~mmedtately upon its passage and approval PASSED AND APPROVED th~s the 1'qqx' day of~,1996 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Date September 17, 1996 CITJLC~ REPORT TO Mayor and Members of the C~ty Council FROM Ted Benawdes, C~ty Manager SUBJECT BID # 1931 - REPLACE WATERLINE - YORKSHIRE RECOMMENDATION. We recommend th~s b~d be awarded to the low bidder, C~rcle "C" Construction, ~n the total amount of $191,938 50 SUMMARY_t Th~s b~d ~s for all labor and materials necessary ~n extending approximately 2100 feet of 12" water mmn and approximately 1600 feet of 6" water mmn The 12" water mmn will enable transportation of water from the east side of the c~ty to the north s~de (toward the future Hartlee F~eld Booster Pump Station) The 6" water bne has a h~story of failures and ~s being replaced prior to street repaying whmh ~s planned for Yorkshire & Pmaddly E~ght b~d proposals were received m response to ninety notices to b~d mmled to contractors B~CKGROL~!I~i TabulaUon sheet, Pubhc Utilities Board back-up, Pubhc Utd~t~es Board M~nutes recommending approval PROGRAMS, DEPARTMENTS_OR C. ROI[JP_S AFFECTED: Water D~stnbut~on, Water Utd~Ues, Water Utd~ty Customers of the C~ty of Denton EISCALiMPACT~ Funds for this project are ~ncluded ~n 1996 CIP, Account #620-081-0461- R523-9114 Respectfully submitted ~ed Benawdes C~ty Manager Prepared by Name Demse Harpool ' T~tle Semor Buyer Approved _ Name Tom D Shaw, C P M T~tle Purchasing Agent 766 a~e ITEM 1 September 4, 1996 PUBLIC UTILITIES BOARD AGENDA ITEM TO C~ AND ~ERS OF ~ PUBLIC UTILITIES BOARD FROM: R.E. Nelson, Exe~utlve Dire~or of Utilities SUBJECT: CONSIDER BID OPENING NO. 1931 FOR CAPITAL IMPROVEMENT PROJECT YORKSfl~..E WATER ~ REPLACEMENT RECOMMENDATION: The Ut~hty Staff a~d the Pubhc Workz Engineering Depamnent recommend award of the contract to Circle "C" ConstrucUon for the amount of $191,938 50 for the construction of Yorkslure Water Line Replacement SUMMARY: Bids were opened August 20, 1996, with a total pamc~paUon of 8 bidders Ctrele "C" Constmcuon of Ft Worth, Texas, ts the lowest quahfied b~dder Ctrcle ConsUuction's bid ts $191,938 50 for the 12" and 6" water hne replacement The b~d ts approxzmnt~ly $138,061 50 under budget (including the estnnated charge for asphalt ~tchzng) The bM does not include asphalt l~ttghing The l]ngll~tll~ a~d Transportntlon Delxmm~ will perform this servtce for $2 00 per square foot of p~ch The area to be patched wffi be deternuned after the contractor has completed work Tine es~mnt_~ for patching ts $16,000 BACKGROUND: The 12" water hne extension on York~htre Is an ~rnpot~ant step m being able to transport water from the east stde of the city to the north side The Hartlee Field Booster Pump StaUon wall connect into the line m the future The n-placement of the 6" water hne Is pa~ ,~f the replace wate~ line street program In flus program, water lines Much have had a fustory of maintenance problems are replaced prior to the replacement of the eyasUng street Thts helps insure that the new pavement wffi not need to be excavated to do maintenance PROGRAM/DEPARTMF. aNT OR GROUPS AFFECTED. The citizens of Denton, Denton Mumc~pal Uttht~es, The C~ty of Denton Engineering and Transportation Department, Ca'cie "C' Construction FISCAL IMPACT: $346,000 is budgeted m revenue funds for construction tn FY 96 See Exlub~t V (Fund Analysis) for more detad Respectfully submmed, R 1~ Nelson, Execuuve Du~ctor - Prepared by Department of Ut~hUes Gerald p Cosgrove - Engineering Admuuatrator Approved by Howard Mama - Dtrector F. nvmmmenlal OperaUons Exlub~t I Locauon Map Exlub~t 1I: ProJect ConsMenmons Exlub~t BI Bxd Su~ ~b~t ~ ~er of ~mmen~Uon ~b~t V P~d ~ys~ ~bR ~ ~ ~ Sh~t h Xwwpfico~ja~s~016 ~ PROJECT CONSIDERATIONS YORKSHIRE WATER LINE REPLACEM~',NT · The 12" water line mstallaglon will be the m~t~al step m provtdmg transmission capab~hty from the east ssde of the c~ty towards the future Hartlee Fteld Booster Pump Stauon ® The Street Department wtli be repaying Yorkslure and l~cadtlly Replacing the existing water hne w~l insure that the new pavement wtll not need to be excavated to perform maintenance · The eyastmg water lines are tn poor con~htlon and would have to be r~placed soon, even ff the street was not being paved · The project ts within budget SEP-06-'96 FRI 15'52 ID CITY OF DENTON UR TEL NO 8173566-8120 ~480 PO1 PUBLIC UTILITIES BOARD UNOFFICIAL MINUTES EXCERPTS September 4, 1996 1 CONSlDBR APPROVAL OF BID//1931 FOR REPLACEMENT OF WATERLINES ON YORKSHIRE STREET IN THE AMOUNT OF $191,91;8 50 Mr Gerald Cosgrove presented this item, C~r¢le "C" Construction of Fort Worth, Texas, is the lowest qualdied bidder Circle "C" Constructmn's bid is $191,938 50 for the 12" and 6" water line ~eplacement The bid is approxunately $135,061 50 under budget (including the estimated charge of $16,000 for asphalt petchmg) Mr Coplon made a motion to approve the as prosented Mr Norton seconded the motion Motion approved 4 for - 0 opposed DATE SEPTEMBER 17, 1996 CITX_£OUNCIL REPORT TO Mayor and Members of the City Council FROM Ted Benavldes, City Manager SUBJECT BID # 1936 - INTAKE STRUCTURE DREDGING PROJECT RECOMMENDATION: We recommend this bid be awarded to the low bidder for Alternative #1 Project A, Hydro Pump & Equipment, in the amount of $136,295 00 ~ This bid is for all labor and materials necessary in dredging approximately 2,000 cubic yards of salt which has buried the lower intake pipe at the Lake Lew~svdle raw water pump station Thts lower intake has not been used since before the spring floods of 1990, but w~th the lake levels dropping this work will be necessary Three bid proposals were received in response to fifteen notices mailed to prospective contractors Ba~CKGlll)JJJ~K Tabulation sheet, Public Utlhtles Board Agenda back-up, Public Utilities Board Minutes recommending approval PROGRAMS,~W_,PARTMEB[TS~)R~iROUPS AFFECTED Water Production, Water Utilities, Water Utility Customers of the City of Denton ~ Budgeted operating funds for 1996 of $50,000 and the balance from Lake Ray Roberts recreation payment that was not used for 1996 Respectfully submitted Ted Benavldes City Manager Prepared by Title Senior Buyer Ap~.~ ~.~ Name Tom D Shaw, C P M Title Purchasing Agent 763 AGE BID # 1936 BID NAME INTAKE STRUCTURE Hydro Pump Garrett MeDougal DREDGING PROJECT & Equipment Construction Construction ~PEN DATE AUGUST 20,1996 ~- - ~ ~ OESC~iPT1ON VENOOR WNOOR LS Total Base Bid--Projeet A $80,495 00 ~ $93,240 00~ $112,000 00 ! LS Total Alternative No l--Projeet A_ $136,295 00 $323,580 00~ $222,000 I LS Total Base Bid--Project A and Alternative No 2--Proleet B _ $210,455 00 $167,580 00 $382,000 00I Addendum Acknowledged', yes yes Bid Bond~ yes yes yes ITEM 4 September 4, 1996 PUBLIC UTILITIES BOARD AGENDA ITEM TO CHAIRMAN AND MEMBERS OF PUBLIC UTILITIES BOARD FROM R E NELSON, EXECUTIVE DIRECTOR UTILITIES SUBJ CONSIDER APPROVAL OF BID #1936 FOR INTAKE STRUCTURE DREDGING PROJECT, LAKE LEWISVILLE RAW WATER PUMP STATION RECOMMENDATION The UQllty staff and the project consulting Engineer (Carter and Burgess, Inc ) recommend award of the contract to Hydro Pump and Equipment, Inc The award of the contract will be dependent upon receiving a 404 permit from the U S Army Corps of Engineers (USACOE) and be m the mount of $80,495 for Project A or in the amount of $136,295 for Project A alternative SUMMARY Bids were opened August 20, 1996, with a total participation of 3 bidders Hydro Pump and Equipment, Inc from Houston, Texas is the lowest quahfied bidder Hydro Pump and Equipment is approximately $22,700 under the Engineer's preliminary estimate for Project A and approximately $113,700 under the Engineer's preliminary estimate for Project A - Alternative The Fiscal Year 1996 operating budget for the project is $50,000 BACKGROUND The lake Levosvllle raw water pumpstaQun intake was constructed in 1956 before the completion of the Garza Little Elm Dam The intake structure has two - 36 inch diameter intake pipes The upper intake was constructed at an elevation of 507 feet Mean Sea Level (MSL) and the lower retake is at 482 feet MSL The lower intake was installed in a dredged channel, approximately 10 feet below the natural grade of the land, prior to the filling of the lake Tbas dredged channel extends from the lower intake out approximately 1500 feet lmo an existing creek channel under the lake Over the years, this channel filled in w~th lake sediments and has caused operational problems when lake levels fall below an elevation of approximately 510 Dredging work on this channel was last performed in 1980 but was hmlted to the area immediately around the lower retake pipe In 1989, the city hired dryers 3_3 and a dredging contractor (Levco Systems, Inc ) to re-evaluate the siltation problem Their findings mtheated that the channel was completely filled with s~lt with the exception of the area ~mmediately adjacent to the lower intake In 1989 the lower intake had been used for approximately seven months when the lake was low Most of this sediment had been pumped through the lake pumps and was deposited into the water plant sedimentation basins The spnng floods of 1990 increased lake levels from 507 feet (MSL) to 4 feet over the top of the flood control pool elevation Over the next slx years, lake levels had been stable at 522 feet MSL and there has not been a need to use the lower intake Recogmzlng the need to address this maintenance concern, staff began investigating redesign options for the lower intake structure as well as proposing maintenance dredging activities for th~s year's budget The city hired Island Divers of Denton, Texas to perform an inspection of the upper and lower retakes ~n the late spring of 1996 Their mspectlon concluded that the lower ~ntake was buried under 8 to 10 feet of silt Due to the drought conditions In North Texas this past year, lake levels in Lake Leuasvllle have dropped approximately 11 feet below the conservation pool over the last 16 months to 511 2 feet above MSL This unusual condition has forced staff to fast track a dredging project which ~ncludes obtaining a 404 permit from the U S Army Corps of Engineers To assist staff with this effort, Carter and Burgess, Inc, Dallas, Texas was hired to develop contract documents and prepare a 404 permit apphcation Due to t~me constraints, a decision was made to parallel track the contract bidding process simultaneously with the 404 permit application to meet schedule deadhnes In an attempt to reduce costs, the consultant recommended that the 404 permit proposed m-lake placement of the dredged material rather than hauling off the slurry to an upland site Therefore, the contract documents solicited bids for ProJect A - Dredge 2,000 cubic yards to remove sediment near the lower intake w~th in lake placement of dredge spoils ProJect A - Alternative Dredge 2,000 cubic yards to remove sediment near the lower intake with truck transported haul off and disposal on city owned property near the landfill Project B - Dredge 20,000 cubic yards to clean the entire 1,500 feet channel with lake placement of dredge spoils Project B was included as an alternative for consideration since there ~s a fmrly high cost for moblhzation of dredging equipment associated w~th this project Due to the bids received and the high costs in relationship to the budgeted funds for the project, staff is not recommending further consideration for Project B at this time Due to fiscal year funding constraints and time schedule eompatibihty problems between access to funds and obtalmng the 404 permit approval, staff is requesting approval of award of the contract to Hydro Pump and Equipment Company contingent upon receiving a 404 permit from the USACOE FISCAL IMPACT A total of $50,000 is budgeted in the Water Production FY 1996 operatmg budget for this project The balance of funds are avmlable in this account to cover either project A or A- Alternative and would come from the $498,000 budgeted for the Lake Ray Roberts recreation payment The Ray Roberts payment was not needed m FY 1996 due to the bond sale and repayment of debt to the U S Army Corps of Engineers in the spring of 1996 Staff's original cost estimate was based upon a 1,000 cubic yard estimate for dredging at a unit cost of $50 per cubm yard Based upon recommendations from Carter and Burgess, the project scope was increased to include a total dredged volume of 2,000 cubic yards The unit price from the low bidder was $40 24 per cubic yard for ProJect A and $68 14 per cubic yard for ProJect A - Alternative AGENCIES AFFECTED The Citizens of Denton, Denton Municipal Utilities, Hydro Pump and Equipment, Inc, the U S Army Corps of Engineers, and Carter and Burgess R E Nelson, Executive Director Utilities Prepared by Tim Fisher, P E, Water Production Manager EXHIBITS I Location Map II Bid Summary III Letter of Recommendation from Carter and Burgess IV Lake Lewisvllle Water Level History V Bid Specifications j ~h omc\pen ny_p~pubadm~n~aglt emisep~mtake sO4 15 BID # 1936 i BID NArvLE INTAKE STRUCTURE Hydro Pump Garrett MeDougal DREDGING PROJECT & Eqmpment Construcnon Construction OPEN DATE AUGUST 20,1996 # I QTY ~ DESCRIPTION VENDOR VENDOR ~ VENDOR LS 'Total Base B~d--Project A $80,495 00 $93,240 001 bl12,000 LS [Total Alternatxve No 1--Proleet A $136,295 00 $323,580 001 S222,000 $167,580 00 LS [Total Baso B~d--Project A and Alternative No 2--Project B $210,455 00 ! $382,000 Addendum Aeknowledged~ ~ I B~d Bond~ yes I yes yes Exh II ~_7 From TechnlcaiA$$1$taflt TO R E NELSON/PENNY Date 6/30196 T~me 8 22 00 ~,M ~age ~ ~8/2D/88 TH~ rT.08 Pkl tall?~§~11dS CAi~ & ~*URGK88 ~0OZ Comultoms in Er~nwt~g, Archlte~re, Plafln~ and Iflo ~nviroflment Mr Tim Plehar, P B City of Dentofl Wator Pmcl~ Dlvlulofl 1701-B 8per~ar ~ Oe~o~, TexM 782l~ Dear Mr. Fisher:, being eubmlt~l by Hydro Puml~ & Equllxmnt Inc. I I~vo eV/umtod the quMflmtlo~ of Hydro Pump & Equlpme~ reviewed thoir me~hod for oomMetjflO M W end ohodid mfomnoel on loviM imibr pm( proMetl, I hM found nc(~ lhlt would Jnd~ they n not (mp~ M' uuaeell~ WldMing this proJiat iii bid. TheWl, I remmmmclHtKlro Pun~& lSquipment Ino. rathe quMBod iow bkMor for tho InMu 8lmmm DredgMg PMJooL If you have oily ~ or reflufro ackftlo~ Jflfomot~, do n~ hd~dfM tO m;I $1n~eJy, OAKt'ER & ~U~OII~, lNG. Cam, & k~ Ira. 79S0 flnboM Sdk) 2~ DaM, Terns 75247.49S1 (214| 6.J0141 ieo (214| 263.2019 Exh Ill ][8 LAKE LEWISVILLE ELEVATIONS SEP. 1987 THROUGH JUN. 19,1996 54O 530 520 ~5~oj.._........_..........._.... ...... . ..... ~500 490 480 DAILY ELEVATION CONSERVATION POOL READING ELEVATION 522 MSL CENTER LINE TOP CENTER LINE BOTTOM INTAKE 507 MSL INTAKE 482 MSL C ~DIRECTORX35-00-00~L-L PRE Exh IV 19 20 SEP-06-'96 FRI 15 ~? ID CITY OF DENTON UA TEL NO 817-566-8120 (~ONSIDKI~ APPROVAL OF BID #1936 FOR INTAKE S'FRUCTURE DlnI~nGING PROJECT IN ~ AMOUN'F OF $80,49S FOR PROJEL~ A AND $136,29S FOR PROJECT A - ALTERNATIVE Mr..13m Fisher prsoanted this item rderand~ ET~bibit IV - a chart of the Lake ~ devatlon leveb from Sept. '87 to June '96. Mr. (~olden asked ir the pro]eat was not a temporary OF permanent solution to the problem. Mr. Fisher said Project A was to ropalr the desi~ problem shoe dredgbq b badeaily a maintenance function and not a complete solution. Thece was extensive discussion regaFding this item. Mr. (~oplen recommended approval of Project A (for maintenance) in the amount of $80,49S and added that stoff shouM encumber Project A - alternative funding, (for haulluF,) in the amoupt of $136,29S but delay expending those funds until a poll of the Board was conducted. Mr. Norton seconded the motion. Motion passed 4 * for, 0 - opposed. 2i DATE SEPTEMBER17,1996 ~CILREPORT TO Mayor and Members of the C~ty Council FROM Ted Benamdes, City Manager SUBJECT BID #1940 -CHISHOLM TRAIL SANITARY SEWER (MONCAYO) HOUSTON PLACE RECOMMENDATION: We recommend this bid be awarded to the low b~dder, Insltuform Texark, Inc, in the total amount of $99,971 30 SUMMARY1 This b~d ~s for all labor and matermls necessary m trenchless rehablhtat~on of approximately 1,300 feet of 10" samtary sewer hne for the Chisholm Trml and Moncayo Streets area Trenehless rehabd~tation will be aecomphshed by pulhng a fiberglass or polythene hner into the ex~stmg line and expanding ~t to the desired d~mens~on This sanitary sewer has a h~story of h~gh maintenance due to roots, offset joints and sags m the mmn F~ve bids were received m response to mnety-three notmes to btd mmled to prospective contractors BACKGROUND: Tabulation Sheet, Pubhc Utdlt~es Board Agenda back-up, Pubhc Utdlt~es Board Minutes recommending approval PROGRAMS; DEPARTMENTS OR GROUPS AFFECTED~ Sewer F~eld Serwces, Sewer Utd~ty Customers of the C~ty of Denton ~ Budgeted Funds for CIP account 674-082-RB93-V309-9114 and 9138 Respectfully submitted Ted Benawdes C~ty Manager Prepared by Name Demse Harpool T~tle Semor Buyer Name Tom D Shaw, C P M T~tle Purchasing Agent 762 AGENDA 22 ~9~o Alternate Bid ~9 134 10 $42 702 ~ ~[~ No'id $~ 17~ 0~ 23 ITEM 2 September 4, 1996 PUBLIC UTILITIES BOARD AGENDA iTEM TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD FROM: R E NELSON, EXECUTIVE DIRECTOR OF UTILITIES SUBJECT: CONSIDER ~ BID OPENING, NO. 1940 FOR CAPITAL IMPROVEMENT PROJECT CltI~HOLM TRAIL SANITARY SEWER (MONCAYO), HOUSTON PLACE, TRENCHLESS REHABILITATION RECOMMENDATION: The Utility staff recommends award of the contract to [nsituform Texark, Inc, for the amoum of $99,971 30 for the constructmn of Chisholm Trail Samtury Sewer (Moncayo) and, Houston Place Trenchless Rehabditatmn BACKGROUND/SUMMARY: Tlus ~s the second phase of the Clusholm Trail project The first phase was approved by the PUB on May 16, 1996 The Chisholm Tratl (Moncayo) Samtary Sewer has a h~story of surcharging, due to roots, off set joints and sags m the mare Th~s ~s causing a health problem to the rnsldents m the area and the need for constant maintenance by our Utfllty crews The rehabilitation of the exmtmg mare will help chromate a reoccurring problem The Houston Place section was added to thts project to help us achmve a quailty bid and to put ail the trench.less technology projects mto one bid Houston Place salutary sewer has similar problems m the exmtmg samtary sewer mare Bids were opened August 29, 1996 at 2 00 p m with a tot~ participation of 5 bidders Insltuform Texark, lnc of Chesterfield, Missouri, the lowest quailfied b~dder lnsituform Texark, Inc, base btd ts $99,971 30 for Chisholm Tratl (Moncayo) and Houston Place Sanitary Sewer Trenchless Rehabd~tation The bid is approximately $80,028 70 under budget and is $90,285 70 under the engineer's estimate 24 Brh-Garver, lnc, of Houston, Texas was the apparent low btdder, due to a clerical error on a hne ~tem m the btd proposal Brh-Garver, Inc ts now the thtrd lowest bidder In the bM proposal we d~d take alternate b~ds on expanding the ex~stmg Sanitary Sewer on Chtsholm Trail (Moncayo) to 15' using ptpe bursting and on Houston Place enlarge the extstmg 10" to 12" using the same method At thts tune we have dectded not to use ptpe bursting due to ground condttlons and the possible damage to restdents drtveways, sa'eets, and the extstmg drainage channel AGENCIIiiS AFFECTED: The c~uzens of Denton, Denton Mumelpal Utfl~ttes, Brh-Garver, lnc, and InsItuform Texark, Inc of Chesterfield, Mtssourt FISCAL IMPACT: See Exhth~t (Fund Analysts), for more deta:ls Respectfully Submitted, Robert E Nelson Executive D~rector of Utlht~es Prepared by: Gerald P Cosgrove, P E Engineering Admtmstrator Approved by: How~d Martin D~rector of Enwronmental OperaUons Exhibit l Location Map Exhth~t 2 B~d Summary Exhibit 3 Fund Analysts Exhthlt 4 Detail Sheets h \wwpf~pub\Chlsh wp6 25 SEP-06-'96 FRI 15'52 ID CITY OF DE~xlTON UR TEL NO 817-566-8120 ~480 P02 PUBLIC UTILITIES BOARD UNOFFICIAL MINUTES EXCERPTS September 4, 1996 2 CONSIDER APPROVAL OF BID/$1940 FOR CAPTIAL IMPROVEMENT PROJECT CHISHOLM TRAIL SANITARY SEWER (MONCAYO), HOUSTON PLACE, TRENCHLESS REHABILITATION Mr. Oerald Cosg~ve presented th~s item Ins~tuform Texark, Inc of Chasterfiold, Missouri, is the low~st qualflied bidder Insituform Texerk, Inc, base bid is $99,971 30 for Ch~holm Trml (Moncayo) and Houston Pia~e Sanitary Sewer Trenohlass Rehabilitauon The b~d is approximately $80,028 70 under budget and is $90,285 70 under the engineer's esUmate Brh-Garver, lnc, of Houston Texas was tho apparent low bidder, however a clerical error on n lme item m the bid proposal forced them into being the third lowest bidder There was general discussion regerdmg this item and an explanauon of l~nchl~s rehabill~tlon for Mr Hopkins .Mr .Copl~,_n, recommen~ded, a,ward of the bid to the lowest quahfied bidder bl~d on L,egats response rot ma approval Mr Norton second~! tho motion Motion approved 4 for ~ 0 opposed 27 DATE SEPTEMBER 17, 1996 CiI YEDMINCALREEORT TO Mayor and Members of the City Council FROM Ted Benavldes, City Manager SUBJECT BID # 1941 - HOUSTON PLACE SANITARY SEWER AND WATERLINE REPLACEMENT ~ We recommend this bid be awarded to the low bidder, Jagoe Public Company, m the total amount of $326,141 00 SI/M.MARY. Tlus bid is for all labor and materials necessary in the replacement of the water line and sanitary sewer line near Houston Place between Hickory and Prmne These lines are old and have become a constant mmntenance problem for residents and field crews Eight bid proposals were received in response to ninety-three notices to bid mmled to prospective contractors BACKGROUND: Tabulation sheet, Public Utilities Board Agenda back-up, Public Uttht~es Board Minutes recommending approval PROGRAMS: DEPARTMENTS ORGROUP~F~: Water & Sewer Field Services, Water & Sewer Utility Customers of the City of Denton . Budgeted funds for this project come from CIP revenue funds, account #620- 081-0461-R525-9114 and 625-082-0471-V528-9114 Respectfully submitted ~T~e~ ~3enavldes City Manager Prepared by Name Denise Harpool Title Senior Buyer Name Tom D Shaw, C P M Title Purchasing Agent 767 AGE 28 ITEM 3 September 4, 1996 PUBLIC UTILITIES BOARD AGENDA ITEM TO. CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD FROM: R.E. Nelson, Executive Director of Ut~hties SUBJECT: CONSIDER BID OPENING NO. 1941 FOR CAPITAL IMPROVEMENT PROJECT HOUSTON PLACE UTILITIES REPLACEMENTS. RECOMMENDATION: The Utthty Staff and the Public ,Works Engmecrmg Depmtment recommend the award of contract to Jagoe Public Company for the amount of $326,141 00 for the construc~un of Houston Place Water and Samtary Sewer lines SUMMARY Bids were opened on August 29, 1996, at 2 00 p m with a total particlpauon of 8 bidders Jagoe Pubhc Company of Denton, Texas Is the lowest quahfied bidder Sagoe Public Company's base bid is $326,141 00 for Houston Place Water and Samtary Sewer Lmes The bid is approximately $132,785 72 under budget and is $110,840 00 under the engineer's esmnate BACKGROUND The water replacements consists of replacing waterlmes on and near Houston Place Street These lmes have been a contmual problem m the past that caused patching of recently repmred or overlmd streets due to repairing these lmes Contmue making these repairs results m problems for the field crews and the residents m the area The sewer replacements consists of replacing sewerlmes m the area as the eyastmg sewerlmes, being old, are m poor condition and inadequate m s~ze This causes surcharge ~.nd sewage backup resultmg m health problems to the residents m the area These lines require continual maintenance by our field crews This project will increase size of the sewerlmes, relocate sewer services from back of the houses to front on Senn Street, reduce the difficulty m mamtenance, increase capacity and unprove system mtegrlty m the area ~0 Page 2 PROGRAM/DEPARTMENT OR GROUPS AFFECTED' The Citizens of Denton, Denton Mumcipal Utilities, Ctty of Denton Engineering and Transportation Department and Jagoe Pubhc Company FISCAL IMPACT: $527,000 la budgeted m revenue funds for construction is FY96 Respectfully submitted, Deparunent of Utthtles Prepared by Gerald P Cosgrove, P E Engineering Administrator Approved by Howard Martin D~rector of Environmental OperaUom Exlublt I Locauon Map Exhibit 2 ProJect ConsMeration Exhibit 3 Btd Summary Exhibit 4 Fund Analysis Exlublt 5 CIP Detail Sheet h \wwpfxpub\Houston wp6 33_ PROJECT CONSIDERATIONS HOUSTON PLACE UTILITY REPLACEMENTS · Waterlines m the area are m poor condition and have become a contmued maintenance problem · The Existing sewerlmes m the area are inadequate m stze and are old causing problems to the residents and field crews for maintenance · Exastmg sewer services on Sena Su'eet are to the back of houses that need to be relocated to front to avoid maintenance problems m future · Houston Place Utility Replacement is a revenue funded project that is $132,785 72 under the budget ~4 SEI~-BG-~gG ~'RI 15 5~ ID CITY 0~' DENTON LI~ TEL NO 817-'5G6-8120 ~480 PO~ PUBLIC UTILITIES BOARD UNOFFICIAL MINUTES EXCERPTS September 4, 1996 3 CONSIDER APPROVAL OF BID//1941 FOR CAPITAL IMPROVMENT PROJECT HOUSTON PLACE UTILITITES REPLACEMENTS Mr Gerald Cosgrove presented tlus item Jagoe Pubhc Company of Dneton, Texas is the lowest qualified bidder Jagoe Public Company's base bid is $326,141.00 for Houston Place Water and Samtary Sewer Liens The bid is epproxunntely $132,785 72 under budget and as $110,840 00 under the engmcer's ~tunate Mr Coplen made the motion Mr Thompson seconded the moron MoRon approved 4 for - 0 opposed DATE. SEPTEMBER 17, 1996 CITY COUNCIL REPORT TO Mayor and Members of the Caty Council FROM Ted Benavldes, Caty Manager SUBJECT BID # 1942 - COMMUNITY SIDEWALKS - EAST SIDE OF BOLIVAR STREET RECOMMENDATION. We recommend th~s bad be awarded to the low badder, DBR Constructxon, m the total amount of $38,825 00 SUMMARY: Thas b~d as for all labor and matermls necessary m the repair of sadewalks on the east sade of Bohvar Street from Umversxty Drive south to Pearl Street Thas as a portaon of the on- going project using Community Development Grant Funds to construct and repair sidewalks throughout the C~ty Four bad proposals were recexved an response to ninety-three notaces to bad maded to prospectave vendors ~ Tabulation sheet, Memorandum from Barbara Ross dated September 5, 1996, and Memorandum from Davad Salmon dated September 4, 1996 PROGRAMS; DEPARTMENTS OR GROU~PS Al~FECTED. Commumty Development Department, Cmzens of the Bohvar Street area ~ 1996 Commumty Development Grant Funds, Account #219-05A-CDAB- 8502 Respectfully submatted Ted Benawdes Caty Manager Prepared by Name Demse Harpooll Title Semor Buyer Approved Name Tom D Shaw, C P M T~tle Purchasing Agent 770 AGE 36 BID # 1942 BID NAME COMMUNITY SIDEWALKS FLOYD DOUGLAS DBR RADICH EAST SIDE OF BOLIVER ST SMITH CONCRETE CONST CONST ~OPEN DATE AUGUST 29,1996 ............... OR ~ TOTAL BID AWARD $40,428 00 [ $44,500 25 $38,825 50 $63,740 00 BOND YES YES YES YES 37 CITY OF DENTON, TEXAS I oo WEST OAK o SUITE208 . DENTON, TEXAS 76201 o (817) 383 7726 o FAX (817) 383 2445 Community Development office MEMORANDUM TO. Tom Shaw, Purchasing FROM' Barbara Ross, Community Development DATE September 5, 1996 SUBJECT Bolivar St Sidewalk Bid Based on the attached recommendation from Dave Salmon, Senior Civil Engineer, Community Development would like to accept DBR Constructlon's bid on the Bohvar Sidewalk project Community Development has worked with both DBR and Mr Calvert in the past v~th acceptable results Sufficient funds are avmlable for the project based on DBR's bid of $38,825 Plea.se.,~all me at ext 7235 with any questions Thank you Barbara Ross 38 "Deal, cared to Qual~tv Sera,ce" CONTRACT AGP,.EEMENT STATE OF TEXAs ~ COUNTY OF DENTON ~ THIS AGREEMENT, made and entered into this 17 day of SEPTE~R A.D., 19 96 , by and between ~ITY 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 WILLIAM J. SCHULTZ, INC , DBA c~ct,~ "c" CONS~UC~ON COMPANY 500 #. FORT WORTHr T~.v2~S 76140 of the city of FORT WORTH , County of TA~aANT and State of TEXAS , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in thc bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1931 - ]~EP?~R- Wa~R.~?.TNE. -- YO~KSHIRE in the amount of $ 191{938.50 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, CA - i blueprints, and other drawings and printed or written explanatory mat=er =hereof, and ~he Specifications ~here~ore, as prepared by CITY OF DENTON ENGINEERING D~ARTMENT all of which are made a part hereof and collectively evidence and constitute the entire contract. Indecendent 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 =ax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall no= 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 Feason of injury to property or thLrd persons occasioned byany error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liabIe, 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 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 ~o commence work and complete all work w~thln the stated in the Proposal, sub]eot 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 th~s 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 ~hls agreement in the year and day first above w~itten. ATTEST:/ ~ ~ /"'~ --~)/~.,~/'~'~W.~'~ CITY OF DENTON ,. OWNER (SEAL) ATTEST: C'raCLE "C" CONSTrUCTiON C0MPAN¥ P 0 BOX 40328 FORT WORTH, TX 76140 MAILING ADDRESS 8]7/293-]863 PHONE NUMBER 8]7/293-]957 FAX1COI~ER BY PRESIDENT TITLE WILLIAM J SCHULTZ PRINTED NAME APPROVED AS TO FORM: (SEAL) City Attorney AAA0184D Rev. 07/28/94 CA - 3 BOND NO 5841888 PEP ORMANCE BOND STATE OF TEXAs $ COUNTY OF DENTON ~ KNOW ~ MF/~ BY Ti'IESE PRESENTS: That WILLIAM J SCHULTZ~ INC ~ DBA C?,rW.~ "~2# CONSTRUCTION COMPA~Y , of the City of FOaT WORTH County of TAR~AN~ , and Stats of T~XAS as PRINCIPAL, and ~AFECO INSURANCE COMPANY OF AMERICA · as SURETY, authorizsd u~.der the laws of the Stats of Tsxas to act as Surety on bonds for principals, are held and firmly bound unto the ci~-~ OF DENTON as OWNER, in the penal sum of ONE HUNDRED NINTY ONE TgOu~&~ NINE ~JND~ T~IRTY ETG~T AND 50/100 ..... Dollars ($ 191,938.50 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, Jointly and severally, by these presents: WNEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 17 day of s~m~., , 19 96 , for the construction of BID # 1931 - REPLACE which contract is hereby referred to and made a part hereof as fully and to the same extent as if copLed at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by contract agreed and covenanted by the Principal to be observed and Poet.formed, and according to the trus intent and meaning of said on=tact and the Plans and Specifications hereto annexed, then this obligation shall be void~ otherwise to remain in full force and effect ~ PROVIDED, HOWEVER, that this bond ls executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said prov~slons to the same extent as if they were copied at length herein. PB - i PROVIDED f~THF. R, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees ~hat no change, extension of time, alteration or addition to ~he terms of the oontraot, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall im any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instr~ent this 30TH day of SEPTEMBER , 19.96 . WILLIAM J. SCHULTZ, INC , DBA £IRCLE "C" CONSTRVCTION COMPANY SAFECO INSURANCE COMPANY OF AMFRT£A / ~.rinclpal ~ Title WILLIAM~j SCH~TZ, PRESIDENT Title SHERYL A KLUTTS, ATTORNEY-~N-FACT Address: P O. BOX 40328 Address: SAFECO PLAZA FORT WORTH, TX 76140 SEATTLE~ WA 98185 (S AL) (SEAL) The name and address of the Resident Agent of Surety is: JOHN A. MILLER & ASSOCIATES, IN~, 234 EMMA STREET, FORT WORTH~ TX 76111 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D Rev. 07/28/94 PB - 2 BOND NO 5841888 PAY'M N BOND STATE OF TEXAS COUNTY OF DENTON WILLIAM J SCHULTZ, INC , DBA KNOW AT.T. MEN SY THESE PRESENTS: That CIRCLE #C# CONSTRUCTION COMPANY - of the City of FORT WO~T~ Oounty of ~,~,~ , and the State of TEXAS , as principal, and SAFECO INSURANCE COMPANY OF AMERICA authorized ~nder the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto . '-'H~ CITY OF DENTON , OWNER, in the penal sum of EIGHT and 50/.100-- ONE H~DRED NINT~ ONE THOUSAND NINE ~FD THIRTY Dollars for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, Jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 47 day of 19. 96 . BID 9 1931 - to which contract is hereby referred to and made a part hereof as fully and to the same extant as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; P~O¥IDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were cop~ed at length herein. PB - 3 Surety, for value received, stipulates and agrees that no change, exWcension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, sgeclfications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such ~hange, extension of time, alteration or additiDn to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 30TH . day of SEPTEMBER 19 g6 , WILLIAM J SCHULTZ, INC., DBA CIRCLE "C" CONSTRUCTION COMPANY SAFECO INSURANCE COMPANY OF AMERICA ATTORNEY-~N-FACT Title WILLIA~J SC~LTZ, PRESIDENT TitleSHERYL KLUTTS, Address: P 0 BOX 40328 Address-' SAFECO PLAZA FORT WORTH, TX 76140 SEATTLE, WA 98185 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: OOHN A MILLER & ASSOCIATES~ INC 234 EMMA STREET~ FORT WORTH~ TX 76111 AAAO184D Rev. 07/28/94 PB - 4 BOND NO 5841888 MAINTENANCE BOND THE STATE OF TEXAS S COUNTY OF DENTON S WILLIAM J SCHULTZ, INC , DBA ~OW ~ ~ BY ~%~ES]~ PRESENTS: That CIRCLE "C" CONSTRUCTION COMPANY as Principel, and SAFECO INSURANCE COMPANY OF AMERICA a corporation authorized to do business in ~he State of Texas, ss Surety, do hereby acknowledge t/lemselves to be held and bound to pay unto ~he City of Denton, a Municipal corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of N~m TROUCa~ ONE mmDP~D WT~I~'~ ~ AND 85/100--- Dollars ($ 19r193-85 }, ten (10%) percent of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, Jointly and severally. This obligation is conditioned, however, that: WILLIAM J SCHULTZ, INC , DBA WH~AS, said CT~ "C" CONSTRUCTION £~MPANY has this day entered inte s written oontract with the said City of Denton to build and construct BID ~ 1831 -REPLACEWATE~LINE yo~gTR~ whlch contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of saLd City and are hereby expressly incorporated herein by reference and made a par~ hereof as though the same were written and set out in full herein, and~ WHEREAS, u~derthe said plans, specifications, and contract, it is provided that the Con~ractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed bysaid Contractor, and in case the said Con~ractor shell fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to t_he damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said coDtract and this bond. NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. WILLIAM J SC~ULTZ, INC , DBA IN WITHE-~S ~F~OF, the said CIRCLE "C" CONSTRUCTION COMPANY as Contractor and Principal, has caused these presents to be executed by WILLIAM J SCHULTZ, PRESIDENT and the said SAFECO INSURANCE COMPANY OF AMERICA as surety, has caused these presents to be executed by its Attorney-in-Fact SHERYL A. KLUTTS and the said Attorney-in-Fact has hereunto set his hand this 30TH day of SEPTEMBER , 19 96 . SURETY: PRINCIPAL: WILLIAM J SCHULTZ, INC , DBA ,,c,, SHERYL A KLUTTS(/ ~ WILLIAM d SCHULTZ Attorney-~n-Fact PRES I DENT A~J~.0184D Rev 07/28/94 MB - 2  POWER SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE SAFECO PLAZA FSh_ ® WAe.,.OTON sS SE No 7498 KNOW ALL BY THESE PRESENTS That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington uorporatton does each hereby "~JOH~ A MILLER, SHERYL A KLUTTS, JOHN A MILLER, [I, K R HARVEY, Fort Worth, Texas its true and lawful attorney(s)-~n-fact with full authority to execute on its beharf fldehty and surety bonds or undertakings and other documents of a similar character issued in the COUrSe of its business and to bind the respective company thereby IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 26th day of January 19 96 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA. "Article V, Section 13 - FIDELITY AND SURETY BONDS the President any V~ce President the Secretary and any Assistant Vice President appornted for that purpose by the officer in charge of surety operations shall each have authority to appmnt md~wduals as attorneys-in-fact or under other appropriate t~tles w~th authority to execute on behalf of the company fidehty and surety bonds and other documents of s~mflar character issued by the company m the course of ~ts bus.ness On any instrument making or ewdencmg such appointment the signatures may be affixed by facsimile On any instrument conferring such authority or on any bond or undertaking of the company the seal or a faca~mde thereof may be impressed or affixed or ~n any other manner reproduced prowded however that the seal shall not be necessary to the vattd~ty of any such instrument or undertaking" Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28 1970 "On any certificate executed by the Secretary or an assistant secretary of the Company settrng out, (~) The prowslons of Article V. Section 13 of the By-Laws and bi) A copy of the power-of-attorney appointment, executed pursuant thereto end (m) Certifying that smd power-of-attorney appointment ~s m full force and effect the s~gnature of the certifying officer may be by faos~mile and the seal of the Company may be a facsimile thereof" I R A. Pierson Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations and of a Power of Attorney issued pursuant thereto ore true and correct and that both the By-Laws the Resolution and the Power of Attorney are still in full force and effect. and~~JJ~ lie said IN WITNESS WHEREOF, I have hereunto set my hand affixed the seal of c~7;t~:~.,~_ ~~ ~/ th s ' day of lB IMPORTANT NOTICE AVISO IMPORTANTE To obtain Information or make a complaint Para obtener Informaclon o para someter una queja You may call the company's toll-free telephone number Usted puede Ilamar al numero de telefono gratis de la for Information or to make a complaint at companla para Informaclon o para someter una queja al -8oo- -8oo- ?Z- You may contact the Texas Department of Insurance to Puede comunicarse con el Departamento de Seguros de obtain information on companies, coverages, rights or Texas para obtener Informaclon acerca de companlas, complaints at coberturas, derechos o quejas al 1-800-252-3439 1-800-252-3439 You may wrlta the Texas Department of Insurance Puede escrlbir al Departamento de Seguros de Texas P O Box 149104 P O Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 FAX # (512) 475-1771 FAX # (512) 475-1771 PREMIUM OR CLAIM DISPUTES' Should you have a DISPUTAS SOBRE PRIMAS O RECLAMOS SI tiene dispute concerning your premium or about a claim you una disputa concernlente a su prima o a un reclamo, should contact the agent or the company first if the debe comunlcarse con el agente o la compania prlmero dispute is not resolved, you may contact the Texas SI no se resuelve la dlsputa, puede entoncee Department of Insurance comunlcarse con el Departamento de Seguros de Texas ATTACH THIS NOTICE TO YOUR POLICY This notice UNA ESTE AVlSO A SU POLIZA Este avlso es solo is for Information only and does not become a part or para proposlto de Informaclon y no se convlerte en parte condition of the attached document o condlcion del documento ad junto Prescribed by the State Board of Insurance Ordenado por el consejo Estatal de Dlrectures de Effective May 1, 1992 Seguros, Effectlvo el 1 de Mayo 1992 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below It Is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided here.n If an apparent Iow bidder falls to comply strictly with the Insurance requirements, that bidder may be disqualified from award of the contract Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS Without limiting any of the other obligations or habd~t~es of the Contractor, the Contractor shall provide and maintain untd the contracted work has been completed and accepted by the City of Denton, Owner, the m~mmum ~nsurance coverage as ~nd~cated hereinafter As soon as practicable after notification of b~d award, Contractor shall file w~th the Purchasing Department satisfactory certificates of insurance, containing the b~d number and title of the project Contractor may, upon wntten request to the Purchasing Department, ask for clarification of any ~nsurance requirements at any t~me; however, Contractors are strongly adwsed to make such requests prior to b~d opemng, since the ~nsurance requirements may not be modified or waived after bid opening unless a written exception has been submitted w~th the b~d Contractor shall not commence any work or deliver any mater~al until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton All ~nsurance pohc~es proposed or obtained [n satmfact~on of these requirements shall comply with the following general specifications, and shall be maintained ~n comphance w~th these general specifications throughout the duration of the Contract, or longer, if so noted. · Each policy shall be ~ssued by a company authorized to do business [n the State of Texas w~th an A M Best Company rating of at least A · Any deductibles or self-~nsured retentions shall be declared in the bid proposal If requested bv the C~tV, the insurer shall reduce or eliminate such deductibles or self-~nsured retentions w~th respect to the City, ~ts AAAOO31~O REVISED 1OI12~94 Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guarantee,ng payment of losses and related ~nvestigations, claim admln,straflon and defense expenses. · Liability policies shall be endorsed to prov,de the follow,ng: · · Name as add,tional insured the City of Denton, its Officials, Agents, Employees and volunteers. · · That such insurance is primary to any other Insurance available to the additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim ,s made or suit is brought. The ,ncluston of more than one insured shall not operate to Increase the insurer's limit of liability. · All pol,c~es shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage. · Should any of the required insurance be provided under a cia,ms-made form, Contractor shall me,ntaln such coverage continuously throughout the term of th,s contract and, without lapse, for a period of three years beyond the contract exp,ration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. · Should any of the required insurance be prov,ded under a form ef coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included ,n the general annual aggregate limit, the contractor shall either double the occurrence limits or obta,n Owners and Contractors Protective Liab,hty Insurance. · Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory ev,dence of reinstated coverage as required by th~s contract, effective as of the lapse date. If insurance ~s not reinstated, City may, at its sole option, terminate th~s agreement effective on the date of the lapse. AAA00350 ~-WSED ~OS1~4 Cl - 2 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All ~nsurance pohc~es proposed or obtained ~n satisfaction of th~s Contract shall additionally comply w~th the following marked specifications, and shall be maintained m comphance with these additional specifications throughout the duration of the Contract, or longer, ~f so noted [X] A General Lmbd,ty Insurance General Llabd~ty ~nsurance w~th combined s~ngle hmJts of not less than 1.000,QOQ shall be provided and maintained by the contractor The pohcy shall be written on an occurrence basra e~ther ~n a s~ngle pohcy or ~n a combination of underlying and umbrella or excess pohc~es If the Commercial General Liability form (ISO Form CG 0001 current edmon) ~s used · Coverage A shall ~nclude premises, operauons, products, and completed operations, ~ndependent contractors, contractual habd~ty covering th~s contract and broad form property damage coverage · Coverage B shall ~nclude personal ~njury · Coverage C, medical payments, ~s not required If the Comprehensive General L~abd~ty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) ~s used, ~t shall ~nclude at least · Boddy injury and Property Damage L~ab~hty for premises, operations, products and completed operations, ~ndependent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures · Broad form contractual habd~ty (preferably by endorsement) covering th~s contract, personal ~njury habd~ty and broad form property damage habd~ty AAA00350 REVISED 10112194 Cl - 3 Insurance Requirements Page 4 IX] Automobde Llablhty Insurance Contractor shall prowde Commercial Automobde L~abd~ty insurance w~th Combined S~ngle L~m~ts (CSL) of not less than 600.000 either ~n a stngle policy or ~n a combination of basic and umbrella or excess policies The pohcy wdl ~nclude boddy injury and property damage habd~ty arising out of the operation, maintenance and use of all automobdes and mobde equipment used ~n conjunction w~th this contract Satmfact~on of the above requirement shall be m the form of a pohcy endorsement for · any auto, or · all owned, h~red and non-owned autos [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation ~nsurance which, ~n addition to meeting the minimum statutory requirements for ~ssuance of such ~nsurance, has Employer's Llabd~ty hm~ts of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 pohcy limit for occupational d~sease The City need not be named as an "Additional Insured" but the insurer shall agree to waive all r~ghts of subrogation against the C~ty, ~ts officials, agents, employees and volunteers for any work performed for the C~ty by the Named Insured For budding or construction projects, the Contractor shall comply w~th the provisions 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 Commission (TVVCC) [ ] Owner's and Contractor's Protective L~abd~ty Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under th~s contract, an Owner's and Contractor's Protective L~abd~ty ~nsurance pohcy naming the C~ty as ~nsured for property damage and boddy injury which may ar~se ~n the prosecution of the work or contractor's operations under th~s contract Coverage shall be on an AAA00350 REVISED 10/12/94 Insurance Requtrements Page 5 "occurrence" basts, and the policy shall be issued by the same ~nsurance company that carrtes the contractor's llabthty ~nsurance Policy lira,ts wtll be at least combined bodily tnjury and property damage per occurrence wKh a aggregate [ ] Fire Damage Legal Liability Ineurance Coverage is required If Broad form General Liability ~s not provided or ~s unavailable to the contractor or If a contractor leases or rents a portion of a C,ty butlding. Limits of not less than each occurrence are requtred [ ] Professional Liability Ineurance Professional liability tnsurance w~th limtts not less than per claim wtth respect to negligent acts, errors or omtsstons tn connection wtth professtonal servtces is required under this Agreement. [ ] Builders' Risk Insurance Butlders' Rtsk Insurance, on an Ali-Risk form for 100% of the completed value shall be provtded, Such policy shall :nclude as "Named Insured" the Ctty of Denton and all subcontractors as thetr tnterests may appear. [ ] Additional Insurance Other tnsurance may be requtred on an tndiv,dual bas,s for extra hazardous contracts and specific service agreements. If such addtt,onal tnsurance ts requtred for a spectflc contract, that requirement wtll be described ~n the "Specific Conditions" of the contract specifications CI - 5 ,~V~SED Insurance Requirements Page 6 ATTACHMENT I [X] Worker's Compensation Coverage for Braiding or Construction ProJects for Governmental Entities A Definitions Certificate of coverage ("cert~fmate")-A copy of a certificate of insurance, a certificate of authorIty to self-insure ~ssued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TVVCC-83, or TWCC-84), showing statutory workers' compensation ~nsurance coverage for the person's or entity's employees providing serwces 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 prowd~ng services on the project ("subcontractor" ~n §406 096) - ~ncludes all persons or entrees performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted d~rectly w~th the contractor and regardless of whether that person has employees Th~s includes, w~thout hm~tat~on, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such ent~W, or employees of any entity which furmshes persons to prowde serwces on the project "Serwces" ~nclude, w~thout hm~tat~on, providing, hauhng, or dehvermg equipment or materials, or providing labor, transportation, or other serwce related to a project "Services" does not include act~wt~es unrelated to the project, such as food/beverage vendors, office supply dehverms, and dehvery of portable to~lets B The contractor shall prowde coverage, based on proper reporting of classification codes and payroll amounts and flhng of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011 (44) for all employees of the contractor prowdlng services on the project, for the duration of the project AAAO0350 REVISED 10112/94 Gl - 6 Insurance Requ,rements Page 7 C. The Contractor must prov,de a certificate of coverage to the governmental entity prior to being awarded the contract. D If the coverage per,od shown on the contractor's current certificate of coverage ends dunng the duration of the project, the contractor must, pr,or to the end of the coverage period, file a new certificate of coverage w~th the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing serv,ces on a project, and prov,de to the governmental entity. (1) a certificate of coverage, pr,or to that person beginning work on the project, so the governmental entity will have on file cert, ficates of coverage show, ng coverage for all persons prov,ding serv,ces on the project; and (2) no later than seven days after race,pt by the contractor, a new certificate of coverage show,ng extens,on of coverage, if the coverage per,od 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 ,n wr,ting by certified ma,I or personal delivery, within 10 days after the contractor knew or should have known, of any change that mater,ally affects the prov,s~on of coverage of any person prowdlng serv,ces on the project. H. The contractor shall post on each project site a notice, in the text, for~ and manner prescribed by the Texas Workers' Compensat,on Commission, informing all persons providing serv,ces on the project that they are requ,red to be covered, and stating how a person may verify coverage and report lack of coverage. Cl - 7 REVISED 10112~94 Insurance Requ,raments Page 8 I. The contractor shall contractually require each person with v~hom ~t contracts to provide serv,ces on a project, to: (1) prov,de 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 prov,ding services on the prolect, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing 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 prov,de 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 mail or personal delivery, w~thin 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 · ~oo3so Cl - 8 FiE-VISED 10112/94 Insurance Requirements Page 9 (7) contractually require each person with whom it 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 is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workera' 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-lnsured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other c~wl actions. K. The contractor's failure to comply with ,any of these prov,slons Is a breach of contract by the contractor which ehtltles the governmental entity to declare the contract void if the contractor does not remedy the breach w~th~n ten days after receipt of notice of I~reach from the governmental entity. AAA003~0 BID SUMMARY In the even~ of ~he award of a contrac~ ~o the undersigned, the undersigned will furnish a perfo~ance bond and a paten= bond for the full amount of ~he contrac=, to secure 9roper compliance w~h the terms and provisions of the contract, to ~nsure and ~arantee =he work un=il final completion and acceptance, and to ~arantee pa~en~ for all lawful claims for labor perfo~ed and materials furnished in ~he fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when full~ completed and finished in accordance with ~he plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in th~s proposal have been carefully checked and are submitted as correc~ and final. Unit and lump-sum prices as shown for each ~tem lls~ed in th~s proposal, shall con=rol over extensions. CONT~OR S~ree~ Address c~ty ~nd S~i ~ ~u~he~z~an Telephone B - 1 ~ORK DAfS 65 BID NO 195i Replace Waterlzne - Yorkshire PO NO BID TABULATION SHEET ITEM I DESCRIPTION QUA/~T ITY UNIT UNIT PRICE TOTAL 2 12-A I 6" Water Ma~n 1654 LF 2 12-B 12" Water Main 2132 LF SJ~ OO1LF $~ Un~ Prlce la Words ~ + ~ Unzt Prmce mn Words 0-~./-~ sP-44 Fzr~ Hydrant 3 EA Unz~ ~r~ce ~n Words SP-42 Remove Valve Stack 11 Unlt Price in Words SP-40 ~ Cut and Plug Exlstlng 7 FA Waterline 2 16 ~ Water Service 66 EA 14 Fire Hydrant 7 EA W~EA $ 2 13 1-B Gate Valve 3 EA $ 2 13 1-C 16" Gate Valve 1 EA ~EA $~ P 3 WORK DA%S 65 BID NO 1 ~,~ ReDlace Naterlzne - Yorkshmre PO NO BID TABULATION SHEET iTL DESCRIPTION ~. U_~_~T I ~Y OiNIT ~IT PRICE TOTAL 3-B Remove Curb and Gutter 15 LF $ Unit Price zn Words /~ ~ 3-A Remove Concrete Pavemen~ 9 SY $ ~ ~O/SY ~- Unl~ Price ~n Words 3-C Remove Concrete Walks and 13 SY $ Dr/yes Unit Price in Words ~ ~ 8 2-a Curb and Gutter 15 LF $ 5 8-A 6" Concrete Pavement 9 SY ~OO/SY ~ Unlt Prmce mn Words /~ 8 3-B 6" Concrete Drzveway 13 SY SP-2 ~ Concrete Saw Cut 40 LF $ ~O /LF Unit Prlce mn Words ~ ~ 3 9 Sod 325 SY I $ Z/ '~SY I $ /~JO J(' Unit Prince in Words ~.~ 121 IC°ntractOrs warrantmesand Understandlngs -- Unlt Price in Words , SP-10 Rock Excavat 1on 50 CY sP-37 Excavat ~on Protecu~on 385 LF $ Unit ~r~ce ~n Words p~ [/~ O~r/ ? - 4 &ORK DAfS 65 BID NO ] ~3 , ReDlace Wa~erllne - Yorkshire PO NO BID TABULATION SHEET 3 1 Preparation of - - LS $/O'-O~ /LS $ X~'-063 Rlght- of- Way 8 1 Barricades, Warn~n~ S~ns -- LS $~ /LS $~ and Detours 2 12 8 Ductile Iron Fittings 1235 LB $ / ~/LB ~ $/~ 5~ SP-46 Misc SpraWler System Ad] S Total Price ~n Words / CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 17 day of s~m~ A.D., 19 96 , by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed "OWNER," and HYDRO P~P & EQUIPMENT P.O. BOX 40294 615 RAINWOOD HOUSTON, TEXAS 77240 of the city of HOUSTON , County of HARRIS and State of ~as , 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: DID ~ 1936 - IN~A~RSTRUC'i'U~I~n~r~'=-T~ P~OJECT in the amount of ~80,495.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructzons to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON Wa~R.w P~ODUCTION DEPARTMENT 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, Texa~, 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. ~ Cholce 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, sub]ect 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: · OWNER ATTEST: CONTRACTOR MAILING ADDRESS PH NUMBER F~ ~ BY ~ ~ ~ TITLE PRINTED N~E APPROVED AS TO FORM: (SEAL) City Ktt~rney ~ AAA0184D Rev. 07/28/94 CA - 3 BOND PREMIUM BASED ON FINAL CONTRACT PRICE pEP. FORMANCE BOND OTAT~ or T~)~S ~ Bond No 1287270 Premium $2,415 00 cOUNTY OF DENTO~ S ~I~OW ALL MEN BY THESE PRESF. NTS: That ...... Hydro Pump & EquIpment, Inc _, of the City of Houston Harris , and Stata of Texas county of ..... as PRINCIPAL, and Amwest Surety Insurance Company _ _ _ , as SURETY, authorized under the laws of the State of Texas to act as sure=¥ on bonds for principals, are held and firmly bound unto tbs C~ty of Dent99~ Texas ac OWt;ER, in the penal s~m of El~ht~ Thousand Four Hundred N~net[-F~ve and No/100 .......... . Dollars ($.80~95 00 ....... ?.) for ~he payment whereof, the said Principal and Surety bind themselves, and their heirs, a~Lminietrators, executOrS, successors and assigns, jointly and eeYerally, by ~hese presenter trH~RF2%S, the Principal has entered into a certain written contract with the OWNER, dated the 17t.__~h day of September ., 1~ 96._, £cr t~a oons~ruct£on of D~ed~e approx 20~000 cu~ yards of mater~al f~om water intake structure and channel and deposzt in lake disposal area or.%7uck...to C~ty of Denton's MunIcipal Landf~ll which contract is hereby referred tc and made a part hereof as fully end to the same ex~ent as if copied at length herein. NOW, TH~ORE, the condition of this obligation is such, that if the.said principal shall faithfully perform sai~ Contract and shall ~n ~11 respects, conditions and agreements ~n and by said con~ract agreed and oovenante~ by the Principal to bm observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond i~ ex~cut-d pursuant To the provisions of the Texas ~cvsrnment Code, Chapter 2253 (Vernon, as ~urrently amended), and all liabilit%es on this bond shall be determined in accordance with said provisions to the same extent as PB - I bond, venus shall 1ia an Denton County, S~ate of Texas. Sure~y, for value reoaived, stipulatea and agrees that no the contract, or to t~e work performad thereunder, or the plans, affect its obligation on this bond, and it does hereby waive notice of any such change, axte~eion of time, alteration or addition to the terms of the contract, or to the work to be Dsrformed thereunder. IN WIT~EBS WHEP. EOF, the said Principal and Surety have signed and ~uled %hi~ instrument this 10th day of October HYdro Pump & Equlpmen~ Inc ^mwest Suret~ Insurance Company Principal Surety Erin C T~sdel Nouston~ Texas ??008 (S AL) The name an~ a~ress of the Resident Agent of Surety Don Harve,~ Weldenfeller 12~ North Loop West~ Suite 318~ Nous.ton. Texas 77008 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D Rev, 07/28/~4 PB - 2 BOND PREMIUM BASED ON FINAL CONTRACT PRICE PAYMENT BOND STATE OF TEX~ § Bond No 1287270 Premium $2.415 00 COUNTY OF DENTON 5 KNOW ALL MEN BY THESE PRESENTS: That -- Hydro Pump & Equipment. Inc of th~ C1Ly o£ Houston County of Harris , and the St&%e of Texas as principal, an~ A~w~st Surety Insurance Com,p,any ,,. au~horlzed un,er ~e laws of the S~a~e of Texas to ac~ as ~ety on bona~ for principals, arm held an~ ~l~y ~o~ un~o C~t~.of Denton~ Texa~ , O~, In =he penal sum o~ El~hty Thousaod FQuJ..Hundre4.~lnet~-Flve and No/100 Dollars ($80,~95 00 ..... ) for the pa~ent whereof, ~e sai~ Principal and Surety bind themsmlves an~ ~mir heirs, a~inis~ators, executors, ~na assigns, ~intl~ and ~rally, by the~e ~S, ~e Principal ham entered into a cer~a~n ~itten contract with the O~er, ~ate~ ~e 17th day of September 19~ · D~e~g9 approx 20.000 cubi~...yards of ma%oriel fro~ wa~er ln~ake structure and chapel and deposzt ~n lake d~sposal area or truck to Czty of Denton's Municipal Landf~ll to which contract is hereby refe~ed to and made a part hereof as fully an4 to the s~e extent as if copied at len~h herein. NOW, ~EFORE, ~E ~I~ON OF ~IS OBLIGATION IS SU~, and material to him or a s~on=raotor in ~ prosecution of wo=k p=ovi~ for in ~aid =on~a=U, Lh~n Lhis obli~=tlon shall void, o~m~ise tO r~a~n ~ full force and offer; PRODDED, HO~, that ~is bon~ is exeou~e~ p~suant ~ provisions o~ ~ Texas ~o~er~en= COde, c~ap=er 2253 (vernon, as cu=ren~ly amendS), ~d all liabilities on ~is bond shall de=ezmin~d~n accordance wi~ said provisions =o the same e~ent as if they we=a copied at len~ herein. PB- 3 Sure=y, for value received, stipule=es and agrees thnt no change, extension of time, alteration or addition =o the terms of the contract, or to the work performed theTeunder, or the plans, specifications, or drawings eccompanyin~ the same, shell in any way affect its obligation on this bond, and ~t does hereby waive notice of any s~¢h change, extension of time, alteration or add~t4oa to the terms of the contract, or to the work to be performed thereunder. TN WITNESS WHEREOF, ~he said Principal and ~urety have signed and sealed this instrtment this 10t__h day of . October 19 96 .... Hydro Pump & Eq,?~pment, Inc Amwest Surety Insurance Company Principal ~ure~:y .~ % ~, /~ ~ ~O _¢23~..North Loop West, Suite 318 . Houston, Texas 77008 The name and addxess of the Resident Agent o~ ,~r~ty is: Don Harve~ We~denfeller 12~ N. ou%h Loo~_W.est, Suite 318, Houston, Texas ??008 Rev. 07128194 EX?IRATIONDATE %29-97 .OW R.uMB R 0000559149 ERIN C TISDEL AS AN EMPLOYEE OF A~ST SURETY INSU~CE ~ X ~N% ~ts true and lawful Attorney-m fact wdh hmitod power and authortt) for and < the seal of the company Bid Bongs up to $*'1,000,000 00 Contract (Performanee& Payment), Court, Subdivision $**L000 04~ 04) Lleeme & Permit Bonds up to $**1,000,000 O0 Miscellaneous Bongs up to $**1,000,000 00 Small Business Administration Guaranteed Bonds up to prowsmns of the By Laws of the Company Bond No 1287270 Karen G Cohen Secreta~ Company at a meeting duly __ revoke any PeA ! KESOLVED FUKTHER v obhgatlon shall be vahd and brad upon the Company (1) when signed b} a seal be reqmred) by any S¢cretoW or Assistant Secretory or KESOLVED FURTHEK, that the s authorized officer a~d the sea: vi [he Compan) may be affixed b~ facs~m:le to an) PeA or cemficauon when so used shall have the same force and effect as though manuallx afftxed he/she/they executed the same m his/her/their authorized capac~ty(~es) and that b~ h]~ ~er/metr stgnature(s) ~ t~ m~[rug~en~t h e~er~n(~ o$.[he~nt]~ u~o n~e h ~[.f ofwh,chthe e o.,s.ct e,,ec,,ta ,thg,;;; me;Ind and o c,al sea ~.~ 1995 ,,,~/,~, ~c4 ,,,' ,,,,,',,.vy. F P, 0. BOX 2004 - BELLAIRE, TX 77402-2004 (713) 669-1127 CERTIFICATE OF INSURANCE This Certificate is issued as a matter of Information Only and confers no rights upon the Certificate Holder This Certificate does not amend, extend or alter the coverage afforded by the policies below. Hame and Address o_~ Insured: HYDRO PUMP & EQUIPMENT, INC. P O BOX 40294 HOUSTON, TX 77240 THIS IS TO CERTIFY that Policies o~ Insurance as l~sted below have been issued to the above named Insured by carriers named below, and are force at this time' INSURORAND TYPE OF INSURANCE: POLI~Y NUMBER: EXP.DATE: ~IMITS OF LIABILITY General L~abillty Scottsdale Ins $2,000,000. aggregate Co CLS-340643 12-07-96 $1,000,000 occurrence $1,000,000 Pets In] As Additional Insured: The City of Denton, its Officials, Agents, Employees and Volunteers This insurance is primary to any other insurance available to the Named Insured w~th respect to claims covered under the policy The inclusion of more than one insured shal! not operate to increase the lnsuror's limit of liability Workers T.W C I.F. 10-16-97 Statutory with Compensation #SBP-150059 $100,000 ea accident $100,000. ea employee $500,000 agg. disease Waiver of Subrogation against: The City of Denton, its Officials, Agents, Employees and Volunteers. Should any of the above described policies be cancelled Before the expiration date thereof, the issuing company wzll endeavour to mall 30 days written notice to the below named Certificate Holder, but fazlure to mazl such notice shall impose no obligation or liability of any kznd upon the Company  Oct 10, 1996 CERTIFICATE ISSUED TO: City of Denton, Texas - Att'n.. Tom D Shaw 901-B Texas Street, Denton, TX 76201 RECEIVED 10 15 96 10 2EAU~ 18173837302 => DENTON*CITY*ACCTG~ #2 CERTIFICATE OF INSURANCE ~ ALLSTATEIN~,URANCECOMPA#Y [] ALL~ATEINDEMNI~ ~M~NY ~ A[~TATE T~ kk~D'8 TH(8 ~ FiOA~ IS I~B · ~ A M~ER OF INF~MA~N ONkY AND GONF~ NO R~H~ U~ THE OE~F~TE HOLO~ ~1~ O~IFI ~TE ~ HOT AMEND, ~O OR ALTER THE~E~GE AFF~D ~THE ~ ~ j C/O ~ D. ~ C~ P.O. ~ 40294 901~B ~ =~'~ ~' ~ 77040 ~, 1~ 76201 , ~ ~ml ~ ~ ~ ~ffL~e~lON~~r__~ ..... NR~AL ~D A~ I~U~ LIMIT ......... ~PL~8' ~ ... ~ _ ~(e Dale ~m~_ Lim.~ ...... ~DILY iNaU~ BY A~D~f . I. EACH A~ A~E~BIL~ Num~ 049 379 221 ~IFIEP AU~ ~ N~N~O ~ .. ~ ~DE~ UMBfl~ LIABI~ .~Num~ ~-- p~ P~ ~ ~71 -- '* '- Num~ Of ~ n~ ,,, 30 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below It is highly recommended that bidders confer with their respective insurance carners or brokers to determine m advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein If an apparent Iow bidder falls to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS. W~thout limiting any of the other obhgat~ons or I~ab~l~t~es of the Contractor, the Contractor shall prowde and maintain until the contracted work has been corr~oleted and accepted by the City of Denton, Owner, the minimum ~nsurance coverage as indicated hereinafter As soon as practicable after notification of b~d award, Contractor shall file with the Purchasing Del~artment satisfactory certificates of insurance, containing the b~d number and title of the project Contractor may, upon wntten request to the Purchasing Department, ask for clarification of any ~nsurance requirements at any time, however, Contractors are strongly advised to make such requests prior to b~d opemng, since the ~nsurance requirements may not be modified or waived after btd opening unless a written exception has bee~ submitted w,th 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 ~nsurance pohcles proposed or obtained tn satisfaction of these requirements shall comply with the following general specIfications, and shall be maintained in comphance wIth these general specifications throughout the duration of the Contract, or longer, if so noted: · Each pohcy shall be issued by a company authonzed to do business ~n the State of Texas wtth an A.M. Best Company rating of at least · Any deductibles or self-~nsured retentions shall be declared ~n the bid proposal If requested by the Ctty, the ~nsurer shall reduce or ehmlnate such deductibles or self-~nsured retentions with respect to the C~ty, ~ts AAA00350 ~-V~SEO ~o1~2/e4 Cl - 1 Insurance Requirements Page 2 officials, agents, employees and volunteers, or, the contractor shall prol:ure a bond guaranteeing payment of losses and related ~nvestlgat~ons, claim administration and defense expenses · Liability policies shall be endorsed to prowde the following. · · Name as additional insured the City of Denton, ~ts Officials, Agents, Employees and volunteers · · That such insurance is pnmary to any other ~nsurance avadable to the additional insured w~th respect to claims covered under the pohcy and that th~s insurance applies separately to each insured against whom claim is made or suit is brought The ~ncluslon of more than one insured shall not operate to increase the insurer's hm~t of habd~ty. · All policies shall be endorsed to prowde thirty(30) days prior wntten notice of cancellation, non-renewal or reduction m coverage · Should any of the required insurance be prowded under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, w~thout lapse, for a period of three years beyond the contract expiration, such that occurrences arming during the contract term which g~ve rise to claims made after expiration of the contract shall be covered , · Should any of the required insurance be prowded under a form of coverage that ~ncludes a general annual aggregate I~m~t prowd~ng for claims investigation or legal defense costs to be included ~n the general annual aggregate I~mit, the contractor shall either double the occurrence I~m~ts or obtain Owners and Contractors Protective Liability Insurance · Should any required insurance lapse during the contract term, requests for payments or~glnating after such lapse shall not be processed until the City receives satisfactory ewdence of reinstated coverage as required by th~s contract, effective as of the lapse date If ~nsurance ~s not reinstated, City may, at its sole option, terminate th~s agreement effective on the date of the lapse A~oo3so Cl - 2 P~V~S~D ~o/~2~4 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All ~nsurance policies proposed or obtained ~n satisfaction of this Contract shall add~tionally comply with the following marked specifications, and shall be maintained in comphance with these additional specifications throughout the duration of the Contract, or longer, if so noted. [ ] A General LJabdity Insurance: General Lmbfllty ~nsurance with combined single hmlts of not less than shall be provided and maintained by the contractor The pohcy shall be written on an occurrence basis either ~n a single pohcy or in a combination of underlying and umbrella or excess pohcles If the Commercial General Liability form (ISO Form CG 0001 current edition) is used · Coverage A shall ~nclude premises, operations, products, and completed operations, independent contractors, contractual habfl~ty covering th~s contract and broad form property damage coverage · Coverage B shall include personal injury · Coverage C, medical payments, ~s not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) ~s used, ~t shall include at least · Bodily iniury and Property Damage Llab~l.ty for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU} exposures · Broad form contractual habfl~ty (preferably by endorsement) covering th~s contract, personal ~njury habfl~ty and broad form property damage habfl~ty. ~oo~o CI - 3 REVISED 10112J94 Insurance Requ,rements Page 4. [ ] Automobile Llabihty Insurance: Contractor shall provide Commercial Automobile Llab~l,ty insurance w~th Combined Single Lim~ts (CSL) of not less than either in a single policy or ~n a combination of basic and umbrella or excess policies The policy will include bodily ~nlury and property damage hablhty arising out of the operation, maintenance and use of all automobiles and mobile equipment used ~n conjunction with th~s contract Satisfaction of the above requirement shall be ~n the form of a pohcy endorsement for · any auto, or · all owned, hired and non-owned autos [ ] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, ~n addition to meeting the m~mmum statutory requirements for ~ssuance of such ~nsurance, has Employer's Liability hm~ts of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy hrmt for occupational d~sease The City need not be named as an "Additional Insured" but the insurer shall agree to waive ~11 r~ghts of subrogation against the City, ~ts officials, agents, employees and volunteers for any work performed for the City by the Named Insured For building or construction projects, the Contractor shall comply w~th the prows~ons of Attachment 1 ~n accordance with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under th~s contract, an Owner's and Contractor's Protective Llab~hty ~nsurance pohcy naming the City as insured for property damage and bodily Inlury which may arise ~n the prosecution of the work or contractor's operations under th~s contract Coverage shall be on an AAA00360 CI - 4. REVISED 10112/94 Insurance Reqmrements Page 5 "occurrence" basis, and the policy shall be ~ssued by the same ~nsur~nce company that carnes the contractor's liability insurance Policy limits wdl be at least combined bodily ~njury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage ~s required ~f Broad form General Liability ~s not provided or Is unavailable to the contractor or If a contractor leases or rents a port,on of a City building L~mlts of not less than each occurrence are required [ ] Professional Llabdity Insurance Professional I~abdlty insurance with hmlts not less than per claim with respect to negligent acts, errors or omissions ;n connect;on w~th professional services ~s required under this Agreement [ ] Budders' R~sk Insurance Builders' Risk Insurance, on an AII-R~sk form for 100% of the completed value shall be provided Such policy shall ~nclude as "Named Insured" the City of Den[on and all subcontractors as th~{r ~nterests may appear [ ] Additional Insurance Other insurance ma,/ be required on an indlwdual basis for extra hazardous contracts and specific service agreements If such additional insurance [s required for a specific contract, that requirement will be described m the "Specific Conditions" of the contract specifications A~350 REVISED I0/12/~4 CI - 5 Insurance Requmrements Page 6 ATTACHMENT I Worker's Compensation Coverage for Buildmng or Construction Projects for Governmental Entities A. Definitions. Certificate of coverage ("certlflcate")-A copy of a certificate of ~nsurance, a certificate of authority to self-insure ~ssued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or 'r~NCC-84), showing statutory workers' compensation ~nsurance coverage for the person's or entlty's employees providing services on a project, for the duration of the project. Duration of the project - ~ncludes 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 serwces on the project ("subcontractor" ~n §406 096) - includes all persons or ent~tles performing all or part of the serwces 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 emplo, yees This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to prowde serwces on the project "Services" ~nclude, without hm~tat~on, providing, hauling, or dehvenng equipment or materials, or prov,dlng labor, transportation, or other service related to a project. "Services" does not ~nclude act~wt~es unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable to~lets B The contractor shall prowde coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011 (44) for all employees of the contractor providing serwces on the project, for the duration of the prolect ~ooaso CI - 6 RE'VISED 10112J94 Insurance Requirements Page 7 C. The Contractor must provide a certificate 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 prolect, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E The contractor shall obtain from each person prowd~ng services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person begmmng work on the project, so the governmental entIW will have on file certificates of coverage showing coverage for all persons providing services on the prolect, and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, ~f the coverage period shown on the current certificate of coverage ends during the duration of the prolect F. The contractor shall retain alt' required certificates of coverage for the duration of the project and for one year thereafter G The contractor shall notify the governmental entity ~n 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 not~ce, 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 tack of coverage AAA00350 CI - 7 REVISED 10112/94 Insurance Requirements Page 8 The contractor shall contractually require each person with whorb it contracts to provide services on a prolect, 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 showing that coverage ~s being provided for all employees of the person prowdmg services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage per~od, a new certificate of coverage showing extension of coverage, ~f 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 ~t contracts, and prowde 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, ~f the coverage period shown on the current certificate of coverage ends during the duration of the prolect, (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, w~thln 10 days after the person knew or should have known, of any change that materially affects the prows~on of coverage of any person providing services on the project, and CI - 8 REVISED 10112/94 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 th~s contract or prowdlng or causing to be provided a certificate of coverage, the contractor Is representing to the governmental entIW that all employees of the contractor who will prowde 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, with the commission's Diwslon of Self-Insurance Regulation Prowdmg false or misleading information may subject the contractor to adm~mstratlve penalties, criminal penalties, civil penalties, or other civil actions K The contractor's failure to comply with any of these prowslons ~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 receipt of notice of breach from the governmental entity ~oo3so Cl - 9 REVISED 10112/~4 BID SUMMARY TOTAL BASE BID PRICE tN WORDS FOR ITEMS 1, 2, 3 AND 4 / in th~ a~a~ ~ ~h~ ~w~rd ~f ~ ~tm~ ~ ~h~ und~d, fha und~m~n~d will ~um~h a ~ff~m~d ~d m~l~ ~urm~h~d in ~h~ ~ulfillm~t ~ ~h~ i~ ~$ und~m1~d th~ ~h~ work ~m~d ~ ~ d~ ~hall b~ ~o~d, when fully ~mpl~1~d and fimshed m accordance w~th the plans and specifications, to the sat~sfa~on of the Engineer The undem~gned ce~fies that the b~d pn~s contained m th~s proposal have been ~refully checked and am subml~ed as corm~ and final Umt and lump-sum pn~s as shown for each ~tem I~sted m th~s proposal, shall control over e~enslons The undem~gned agrees to substantially complete all wo~ covered by these Contm~ Documents w~th~n/0~ consecutive calendar days from the day estabhshed for the star of the wo~, as set foRh by the execution of the contm~ agreement ' CONCUR'. ', Street Address C~ty and State Seal & Authonzatmn (If a Corporation) ~ ~ 3 - ~ 0 -~ ~ D Telephone B-1 Proposal Base Bid - Project A Mobilization to include 1 establishment of temporary work facilities, dredge end tender boat mobilization, project sign, and Dollars and performance and payment Dollars and bonds 2.~; Cents Cents per Lump Sum Dredg~ng for Project A Including 2,000 $ ,,~3,~b, Per all labor, rental, equipment, Cubic Yard tools, supplies, fuel, and incidental expenses to complete Dollars and Project A Cents Yard Demobilization and Project 1 $ %.~5'o OoPer $ Closoout Lump Sum Dollars and Dollars and zero Cents Cents per Lump Sum Total for Base Bid - Project A Dollars and Cents Alternative No t - Project A ~-ubic $ SIo ,1~ Per $10~.,3~o.oo Dredging for Project A Including 2,000 Yards I Cubic Yard o~ H~,~.I~.¢~ T~o '~.~ all labor, rental, equipment, tools, supplies, fuel and I T')~'~/~f ~,d,.'e.,~ 7"~enf Incidental expenses to complete I ~.~4.,, 4A,~, Dollars and ProjectA And hauling offalurry I Dolla~ and ~o from Project A In trucks to site I ~c/~,.F~..m Cants located adjacent to City of I Cents per Cub;c Denton landfill I Yard P-3 Total for Alternative No 1 - Project A Includes bid items 1, 3, and 4 $ I ~,~, .Aq$ o o Dollars and Cents Al~rnaUve No ~ - P~je~ B 5 Dredging for Proje~ B ~n~udlng ~8,000 Cubic $ %~ Per $ all labor, rental, equipment, Yards Cubm Ya~ tools, supplies, ~el, and Inadental expenses to ~mpleta ~cv~m Dollars and Pmj~ B Dollars and ~.~ ~ Cents Cents ~er Cubic Yard Total for ~tamatlve No 2 - Pmje~ B Dollars and Cents To~l Pmject To~l Pmje~ Proposal to pmwde all sewi~s to ~mplete the Base Bid - Proje~ A $ ~O, Dollam and Cents Total Pmj~ Proposal to provide all sewers ne~ssaW to ~mpleta the Altamat~ve No 1 - Pmje~ A Cents To~l PmJ~ Proposal to pmwde all sewl~s ne~ssa~ to ~mplete b~ the Base Bid - Pmj~ A and Alternative No 2 - Pmje~ B ~o11~ ~nd Cents P-4 SECTION 2 CONTRACTOR SAFETY INFORMATION Nam¢ofF, rm ~ydro Pump & Eouipmentr Inc Address P O. Box 40294, Houston, TX 77240 (~freet Addrest and/or P 0 Box) ~u~eon TX 77240 Telephone Number (719 8'~n-n~70 (713) R7~-8770 V13)870-8770 g/mor~ than on~ (1) ~'$on w~ $hm'~ ~h~ caH. o~t r~on~b~B~o a. uo~a~4 w~th ~, R;~a~ h~ ~h~ no~ ~l~ ond L~s~ ~e of S~e~ C~r or ~ ~n(s) L. J- v~lich President (71~ 870-8770 ~am~) ~) ~R~on~ ( ) D~ y~ ~ ~ a fo~ ~ ~on pm~ for ~ ~pl~? y~ (X) No ( ) (~ ~) D~ y~ffl~ ~ve a fo~ ~ pm~7 Y~ ~ ) No ( ) D~ y~ ~ ~nd~ m~ ~ m~? Y~ ~ ) No ( ) ~d~? Y~ ~ ) No ( ) In ~e ~t ~ on-st~ ~nt at ~ ~h~, who ~ii ~ndu~ ~e ~nt mv~U~On for yo~ pr.~i~n~ (713 ~70-8770 Using ~e ~ (3) mo~ ~nt ~le m~n~ 1~ ~ fi~ In~te E~en~ M~Ron ~te ~), for ~ ~me ~n~ d~ ~low P~sam Year 19~6 EMR 1.0 L~ Yesr 1995 EMR1 0 _Pr~__~ngY~sr 1994 PR~R 1 0 No accidents since inception of Company in 1983 1 Nameoflnsu~nceA~ency Pete Reinthaler Insurance Agency A§entsName Pe%e Reinthaler TclephoneNo~l~ 669-1127 Ext 1 L,~ your firm's ~fcty smUs~,cs as ~quc~cd below Present Last Preccchn~ Year ~r ~r Tom] number of inJUries and ~llnessas - O- - 0 - - O- Total number of OSHA "R~ordablc" lnc~dems - 0 - _ O - - 0 - d~f~r ~o OM-IA 200fortaz) Total number of lost workday cases -0- -0- -O- Total number of famlmas - 0 - - 0 - - 0 - Us~n§ the formuh provided below, list your finn's OIHA Imadent Rate (I P,.), for the ume periods md~cated ~yo~ ar~ No~ ~lq#lr~d to fl~ ~ 200 r~port& ~bow ~ in I~e (IR.) column and ll~t only ~t¥~aX l~ 9§ IR. -.0- Employ~a~hoat~Wurl~:13,616 I R.= Total Record~ble Cases X 200.000 Employee Hours Worked CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 17 day of SEPTEMBER A.D., 19 96 , by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed "OWNER," and INSITUFOPR TEXA~/K. INC. 17988 EDISON AVENUE C~8T~RFJ~F.n f MI S$O~RI 63005 of the City of u-~STERFIELD , County of SAINT LOUIS and State of ~TSSOT~T , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in cons~deratlon of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1940 -CHISHOLMT~AIL SANITARY SEWER (MONCAYO)HOUSTON PLACE in the amount of $99~971.30 and all extra work ~n connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and ~n accordance with the plans, which includes all maps, plats, CA - i blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON ENGIN~R~ING AND TRANSPORTATION DEPARTMENT 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 th~s 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: ~/ //.~ CITY OF DENTON (SEAL) ATTEST: Chesterfield, Missouri 63005 MAILING ADDRESS 314-532-6137 PHONE NUMBER 314-530-0751 FAX NUMBER BYPresident TITLE Robert W Affholder PRINTED NAME APPROVED AS TO FORM: (SEAL) ty Attorney~ AAA0184D Rev 04/05/96 CA - 3 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention ia directed to the Insurance requirements below It is highly recommended that bidders confer with their respective Insurance carriers or brokers to determine in advance of Bid submission the availability of insurance cert,flcates and endorsements as prescribed and provided herein If an apparent Iow bidder falls to comply strictly with the insurance requirements, that bidder may be disqual,fied from award of the contract Upon bid award, all insurance requ,rements shall become contractual obligat,ons which the successful bidder shall have a duty to malnta,n throughout the course of this contract STANDARD PROVISIONS. W~thout hmlt~ng any of the other obhgat~ons or hab~l~t~es of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the C~ty of Denton, Owner, the m~mmum ~nsurance coverage as md~cated hereinafter As soon as practicable after not~flcation of bid award, Contractor shall file w~th the Purchasing Department satisfactory certificates of ~nsurance, containing the b~d number and t~tle of the project Contractor may, upon written request to the Purchasing Department, ask for clarification of any ~nsurance requirements at any time. however, Contractors are strongly adwsed to make such requests pnor to b~d opening, since the ~nsurance requirements may not be modified or waived after b~d opening unless a wntten exception has been submitted w~th the bid Contractor shall not commence any work or dehver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton All ~nsurance pohcles proposed or obtained ~n satisfaction of these requirements shall comply w~th the following general specifications, and shall be maintained ~n comphance with these general specifications throughout the duration of the Contract, or longer, ~f so noted · Each pohcy shall be ~ssued by a company autho.zed to do business ~n the State of Texas w~th an A M Best Company rating of at least & · Any deductibles or self-insured retentions shall be declared m the b~d proposal If requested by the C~ty, the ~nsurer shall reduce or ehmmate such deductibles or self-~nsured retentions w~th respect to the City, its AAAO0350 REVISED 10112~94 ~1 1 Insurance Requirements Page 2 officials, agents, employees and volunteers, or, the contractor shall procure a bond guarantemng payment of losses and related ~nvest~gations, claim administration and defense expenses · Llabd~ty pohcms shall be endorsed to provide the following · · Name as additional ~nsured the C~ty of Denton, ~ts Officials, Agents, Employees and volunteers · · That such ~nsurance ~s primary to any other insurance avadable to the additional insured w~th respect to claims covered under the policy and that th~s insurance applies separately to each insured against whom claim ~s made or su~t ~s brought The inclusion of more than one ~nsured shall not operate to increase the ~nsurer's I~m~t of habd~ty · All policies shall be endorsed to prowde thirty(30) days prior written not~ce of cancellation, non-renewal or reduction m coverage · Should any of the required insurance be prowded under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of th~s contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which g~ve rise to claims 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 hm~t prowd~ng for claims investigation or legal defense costs to be included ~n the general annual aggregate hm~t, the contractor shall e~ther double the occurrence hm~ts or obtain Owners and Contractors Protective Llabd~ty Insurance · Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed untd the C~ty receives satisfactory ewdence of reinstated coverage as required by th~s contract, effective as of the lapse date If insurance ~s not reinstated, C~ty may, at its sole option, terminate th~s agreement effective on the date of the lapse AAAO0360 REVISED 10/12/94 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All ~nsurance pohc~es proposed or obtained ~n satisfaction of th~s Contract shall additionally comply with the follow,ng marked specifications, and shall be maintained ~n compliance w~th these additional specifications throughout the duration of the Contract, or longer, ff so noted' A General Llabal,ty Insurance: General L~ab~hty ~nsurance w~th combined s~ngle hm~ts of not less than ~l,ooo.ooo shall be provided and maintained by the contractor The pohcy shall be wntten on an occurrence basis either m a single pohcy or in a combination of underlying and umbrella or excess pohc~es If the Commercial General L~ablhty form (ISO Form CG 0001 current edition) ~s used · Coverage A shall include premises, operations, products, and completed operations, ~ndependent contractors, contractual hab~hty covenng this contract and broad form property damage coverage · Coverage B shall include personal ~njury · Coverage C, medical payments, as not required If the Comprehensive General L~abd~ty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) ~s used, ~t shall include at least · Bodily injury and Property Damage Llab~hty for premises, operations, products and completed operations, ~ndependent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures · Broad form contractual hab~hty (preferably by endorsement) covenng th~s contract, personal ~njury hab~i~ty and broad form property damage hab~hty AAA00350 REVISED 10112/94 Gl - 3 Insurance Requirements Page 4 Automobile Uablhty Insurance: Contractor shall provide Commercial Automobde L~abJltty insurance w~th Combined Single L~mlts (CSL) of not less than ~500~000 e~ther ~n a s~ngle policy or ~n a combination of basic and umbrella or excess pohcles. The policy will ~nclude boddy injury and property damage liability anslng out of the operation, maintenance and use of all automobdes and mobde equipment used ~n conjunction with this contract Satisfaction of the above requirement shall be ;n the form of a pohcy endorsement for · any auto, or · all owned, hired and non-owned autos [x] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, m adder;on to meeting the minimum statutory requirements for issuance of such insurance, has Employer's L~abd~ty hm~ts of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 pohcy hm~t for occupational d~sease The C~ty need not be named as an "Additional insured" but the ~nsurer shall agree to waive all rights of subrogation against the C~ty, ~ts officials, agents, employees and volunteers for any work performed for the City by the Named Insured For building or construction projects, the Contractor shall comply w~th the prows~ons of Attachment 1 in accordance w~th §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) [ ] Owner's and Contractor's Protective L,ab,lity Insurance The Contractor shall obtmn, pay for and ma;nta~n at all t,mes during the prosecution of the work under th~s contract, an Owner's and Contractor's Protective Llabd~ty ~nsurance policy naming the City as ~nsured for property damage and boddy ~n]ury which may arise m the prosecution of the work or contractor's operations under th~s contract Coverage shall be on an AAA00350 REVISED 10/12/84 Insurance Requ,rements Page 5 "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's hab~llty insurance Policy I~mlts w~ll be at least combined bodily injury and property damage per occurrence w~th a aggregate [ ] Fire Damage Legal Llab,lity Insurance Coverage is required if Broad form General L~ab~l~ty ~s not prowded or ~s unavailable to the contractor or ~f a contractor leases or rents a port~on of a C~ty bu;Id;ng L~m~ts of not less than each occurrence are required [ ] Professional Liability Insurance Professional Ilab~hty ~nsurance with I,m~ts not less than per claim with respect to negligent acts, errors or omissions in connection with professional serwces ~s required under this Agreement [ ] Builders' Risk Insurance Builders' R~sk Insurance, on an AII-R~sk form for 100% of the completed value shall be prowded Such pohcy shall include as "Named Insured" the City of Denton and all subcontractors as their ~nterests may appear [ ] Additional Insurance Other insurance may be required on an ~nd~vldual bas~s for extra hazardous contracts and specific service agreements If such additional ~nsurance is required for a specific contract, that requirement will be described ~n the "Specific Conditions" of the contract specifications REVISED 10/12/94 Insurance Requirements Page 6 ATTACHMENT I Worker's Compensation Coverage for Building or Constructton ProJects for Governmental Entities A. Definitions Certificate of coverage ("certtflcate")-A copy of a certificate of insurance, a certificate of authority to self-~nsure ~ssued by the commission, or a coverage agreement (TWCC-81, TVVCC-82, 'I'VVCC-83, or 'I'VVCC-84), showing statutory workers' compensation insurance coverage for the person's or entlty's employees prowd~ng serwces on a project, for the duration of the project Duration of the project - includes the t;me from the begmmng of the work on the project untd the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons prowdlng services on the project ("subcontractor" ~n §406 096) - includes all persons or entities performing all or part of the serwces the contractor has undertaken to perform on the project, regardless of whether that person contracted d~rectly w;th the contractor and regardless of whether that person has employees This ~ncludes, w~thout hm~tat~on, independent contractors, subcontractors, leasing companies, motor carners, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to prowde serwces on the project "Services" include, without hmltat~on, prowdmg, hauhng, or dehvenng equipment or materials, or providing labor, transportation, or other service related to a project "Serwces" does not include act;wries unrelated to the project, such as food/beverage vendors, office supply dehvenes, and delivery of portable todets B The contractor shall prowde coverage, based on proper reporting of classification codes and payroll amounts and fd~ng of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011 (44) for all employees of the contractor prov;dmg serwces on the project, for the duration of the project AAA00360 RE~/ISED 10112/94 CI - 6 Insurance Requirements Page 7 C The Contractor must provide a certificate of coverage to the governmental entity pnor 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 penod, file a new certificate of coverage with the governmental entity showing that coverage has been extended E The contractor shall obtain from each person prowd~ng services on a project, and prowde to the governmental entity (1) a certificate of coverage, prior to that person begmmng work on the project, so the governmental entity w~tl have on file certificates of coverage show.ng coverage for all persons prowdlng serwces on the project, and (2) no later than seven days after receipt by the contractor, a new certificate of coverage show~ng extension of coverage, if the coverage period shown on the current certificate of coverage ends dunng 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 ~n writing by certified mall or personal dehvery, w~thm 10 days after the contractor knew or should have known, of any change that matenally affects the provis~on of coverage of any person prowdmg serwces on the project H. The contractor shall post on each project s~te a not~ce, ~n the text, form and manner prescribed by the Texas Workers' Compensation Commission, ~nformmg all persons prowdmg serwces on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage AAA00350 7 REVISED 10/12/94 Insurance Requirements Page 8 The contractor shall contractually require each person w~th whom it contracts to provide serwces on a project, to (1) prowde 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 prowd~ng services on the project, for the duration of the project, (2) prowde to the contractor, prior to that person begmmng work on the project, a certificate of coverage showing that coverage ~s being prowded for all employees of the person prowd~ng serwces 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, ~f 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 prowde to the contractor (a) a certificate of coverage, prior to the other person begmmng 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 dunng the duration of the project, (5) retain all required certificates of coverage on fde for the duration of the project and for one year thereafter, (6) not~fy the governmental entity ~n writing by certified mall or personal dehvery, within 10 days after the person knew or should have known, of any change that materially affects the prows~on of coverage of any person prowd~ng serwces on the project, and AAA00350 REVISED 10/12/94 CI - 8 Insurance Requirements Page 9 (7) contractually require each person w~th whom It contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are prowdmg services J By s~gn,ng this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide serwces on the project wdl 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 flied with the appropnate ~nsurance carrmr or, in the case of a self-insured, with the commission's D~vlmon of Self-Insurance Regulation Prov,d~ng false or m~sleadmg mformat~on may subject the contractor to administrative penalties, criminal penalties, CIVIl penalties, or other clwl actions - K The contractor's failure to comply w~th any of these provisions is a breach of contract by the contractor which ent~tles the governmental entity to declare the contract void ~f the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity AAA00350 9 REVISED 10/12/94 ~'"~! BID SUMMARY In the event of the award of a contract to the undersigned, the undersigned wlll furnish a performance bond and a pa~ent bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work untll final oompletzon and acceptance, and to ~arantee pa~ent for all lawful clalms for labor perfo~ed and materials furnished in the fulfillment of the oontract. It is understood that the work proposed to be done shall be accepted, when full~ completed and finished in accordance with the plans and speclficatlons, to the satisfaction of the Engineer. The undersigned certifies that the b~d prices contained in thls proposal have been carefully checked and are submltted as correct and flnal. Unit and lump-sum prices as shown for each item l~sted in thls proposal, shall control over extensions. INSITUF?~E~RK, INC CONT~C~R ~ - ~ ' 17988 Edison Avenue Strait Address Chesterfield, Mtasouri 63005 City and State Seal & Authorization 314-532-6137 (If a Corporation) Telephone B WORK DA~S~-~: Chisholm Trail Sanitary Sewer (Moncavo) PO NO Base Bid 10" Trenchless BID TABULATION SHEET ITEM I DESCRIPTION QUANTITY UNIT I UNIT PRICE TOTAL Unlt Price in Words O~ ~~~% ~ ~ 7 6-B Rebuzld Concrete Manhole 5 EA' $~EA ' $/~,&~'O (4' Dina) Unmt Przce In Words ~, ~OmF~~*~~ 5 8-A 6" Concrete Pavement 6 SY $ g~.~ /SY $ ~ ~n~ ~r~ce ~ Word~ ~ ~ ~$ Unlt Price in Words ~na + ~. ~ 1 21 Con=factors Warran=zes --- LS $ l~ /LS $ /~ ~ and Und~rstandzngs Unzt Prlce ~n Words ~ ~1~ ~'~ 7~ 1 Barrmcades, Wa=n~n9 Slgns --- LS $ /~a~LS $ and Detours Unlt Price in Words p - 3 WORK DAYS 30 BID NO 1940 Chisholm Trail Sanitary Sewer (Moncavo) PO NO Alternate, 15" Trenchless BID TABULATION SHEET SP-45B 15" Trenchless 1,336 LF Rehabilitation Unit Price in Words WS-18 Sewer Service 12 EA unit Pr~ce ~n Words 7 6-B Rebulld Concrete Manhole 5 EA $~ /EA (5' Dla) Unzt Price in Words ~ iConcrete Manhole 1 EA unit Price ~n Words 3-AUnltRem°ve C°ncrete PavementIPrlce in Words ~ 5 8-A 6" Concrete Pavement 6 SY Unit Price Ln Words SP-2 Concrete Saw Cut 20 LF Unit Prmce in Words 3 9 Sod 100 SY Unl~ Price in Words 1 21 Contractors Warranties --- LS and Understandings 8 1 Barricades, Warning S~gns --- LS /LC and Detours SP-39 Project S~gns 1 EA /EA $ Unit Price in Words TOTAL P 4 ADD WORK DAYS 10 BID NO Chisholm Trail Sanitary Sewer PO NO Alternate, 15" Trenchless BID TABULATION SHEET (Alternate Items) ITEMI DESCRIPTION QUANTITY UNIT I UNIT PRICE ITOTAL 3 3 I Unclassified Excavation 10 CY (Asphalt Pavement Removal) Unmt Prmce in Words 5 7-A 3 1/2" Asphalt Pavement 67 SY $'~XI~ /SY (Type A) Unit Price in Words (Type D) Unit Price in Words 5 8 6" Concrete Pavement 92 SY /SY Unlt Price in Words 2-A Concrete Curb and Gutter 28 LF /LF 8 Unit Price in Words SP-2 Concrete Saw Cut 306 LF $ Unit Price in Words Remove Concrete Curb and 28 LF Gutter Unit Price in Words 3-c Remove Core Walks and 95 SY $~/SY Dr~ves Unit Price in Words 8 3-B 6" Concrete Drlveway 91 SY /SY Unmt Prmce ~n Words 8 3-A I 4" Concrete Sidewalk 4 SY /SY 3-A Remove Concrete Pavement 92 SY Unmt Price ~n Words TOTAL $ ~ P - 5 WORK DAYS 10 ~oustoD Place San£tarv Sewer PO NO. 10" Trench'less (Base B£d) BID TABULATION SHEET P - 6 WORK DAYS 15 BID NO. 19l~ Houston Place Sanitary Sewer PO NO. 12' Trenchless (Alternate Bid) BID TABULATION SHEET Z2~E DESCRZP~ZON ~ANTZ2*Y UNZ~ UNI~ PRZC~ 12" Trenchless 351 / Rehabilitation unit Price in Words, 2 12-B 12' Sanitary Sewer 20 / $/ Unit Price in Words, 7.6-D Rebuild 5' Manhole i $ Unit Price in Words: 7.6-C 5' Drop Manhole 2 / Unit Price in Words, SP-41 Remove Manhole 1 / Unit Price in Words, SP-43 Asphalt Saw Cut 138 $/ Unit Price in Words, SP-39 Project Signs 2 / Unit Price in Words, 1.21 Contractors. Warranti.. --- I/~l $,~0/ $ and Understandings Unit Price in Words: 8.1 Barricades, Warning Signs --- $ and Detours Unit Price in Words, 3-B Remove Curb end Gutter 5 $ Unit Price in Words, 3-C Remove Walks and Drives 13 / Unit Price in Words P - 7 WORK DAYS BID NO. Houston Place Sanitary Sewer PO NO 12" TrenchleeB (Alternate Bid) BID TABULATION SHEET Unit Price in Word~ Unit Pri~e ~n Words~ 8" Sanitary Sewer 10 LF SP-37 cavation Protection 30 LF unit Price ~ Words. P 8 WORK DA¥S~ BID NO. Point Repairs PO NO. BID TABULATION SHEET (Unit Prices Only} ~ ITEM DES~TION QUANTITY UNIT UNIT PRICE TOTAL 2 12-A 10" Sanitary Sewer -- LF $~--~LF $ N/A Unit Price in Words ~ 2 12-S 12" Sanitary Sewer -- LF $~/LF $ N/A Unit Price in Words ~ ~ 2 12-C 15" Sanitary Sewer -- LF I $ ~O0~--'/LF N/A Unit Price in Words, * ~ ~OCL~"~ SP-37 Excavation Protection -- LF $ /~--'/LF N/A Unit Price in Words: P - 9 BID SUMMARY I Chisholm Tra~l Sanitary Sewer (Moncayo) a Base Bid - 10" Trenchless Rehabilitation Bid Price $ 7~ Work Days ~5 b Alternate B~d - 15" Trenchless Rehab~lltatlon Bmd Prmce (Alternate Items) $ Work Days Work Days (Additional for Alternate Items) 10 2 Houston Place Sanmtary Sewer a Base Bid - 10" Trenchless Rehabzlztatzon Bid Price Work Days 10 b Alternate Bid - 12" Trenchless Rehabzlltatzon Bzd Prlce $~ Work Days 15 Award of the contract may be based on ezther the base bmds, alternate bmds or a combznatzon dependzng on avazlable funding for each project All work wmll be awarded to one contractor The "Alternate Items" for the Chisholm Trazl sanztary sewer may be awarded if the 15" trenchless rehabllztatlon ~s awarded These ~tems would cover expected damage to pavements and structures caused by upslzzng the l~ne, however, does not cover damage caused by contractor carelessness Total work days wmll be the sum of work days for all sections that are awarded point repairs will not be conszdered in the award of the bzd as it ~s not known whether any wlll be requlred Unit przces are being requzred zn the event that point repairs are necessary B 2 PERFORMANCE BOND Bond #142427530 STATE OF TEXAS S COUNTY OF DENTON S ENOW ALL MEN BY THESE PRESENTS: That ~SITU~O~M TEXARK, INC. , of the City of CHESTERFIELD County of SAINT LOUIS , and State of MISSOURI as PRINCIPAL, and Continental Casualty Company , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF DENTON as OWNER, in the penal sum of NINETY NINETHOUSANDNINEHUNDI~ED SEVENTY ONE and 30/100 .... Dollars ($ 99~971.30 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, Jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 17 day of ~..~..D , 19 q~, for the construction of BID ~ 1940 -CHISHOLMTRAIL SANITARY SEWER (MONCAYO) HOUSTON PLACE whlch contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond ~s executed pursuant to the prov~slons of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - i PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS Wq{EREOF, the said Principal and Surety have signed and sealed this instrument this 17 day of Se?tember , 19 9§ In~ituf~m Texark~ Inc Continental Casualty Company / / Principal Surety T~tle Prm~dant ~ Title Attorney-in-Fact 1910 Pine Address: 17988 Edison Ave Address: Ch~stmrfJe]d- w~ &%~5 Sg Louis, MO 63103 (SEAL) (SEAL) The name and address of the Resident Agent of Surety ls: Douglas G Hotchkiss, Hotchkiss & Sons, P 0 Box 819006, Dallas, TX 75381-9006 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D Rev 04/05/96 PB - 2 PAYMENT BOND Bond #142427530 STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS.' That TNSTTUFORM TEXARK. INC. of the City of c~STERFImT.n County of SAINT LOUIS , and the State of TEXAS , as principal, and Continental Casualty Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto T~fl~ CITY OF DENTON , OWNER, in the penal sum of .u.DR D s n sw ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 17 day of SEPTEMBER 19 96 BID #1940 --CNTg~OT~ ~PI~ATT. gANT~A~Y S~R (MONCAYO) HOUSTON pLACE to whlch contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - 3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the te~s of the contract, or to the work to be perfbrmed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 17 day of September 19 )% . Insituform ~xark, Inc Continental Casualty Company Surety .// obert w AffhI r- -- ------ T~e Prm~iden~/ Titl~ Attorney-~n-Fact ~M~: 17988 Edison Avenue ~M~: 1910 Pine Chesterfield, M0 63005 St Louim, MO 63103 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Douglas G Hotchkiss, Hotchkiss & Sons, P 0 Box 819006. Dallas, TX 75381-9006 AAA0184D Rev. 04/05/96 PB - 4 MAINTENANCE BOND Bond #142427530 THE STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That ~NSITUFO~ TEXARK, INC. as Principal, and continental Casualty Company a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the eum of NINE THOUSAND NINE HUNDRED NINETY SEVEN and 13/100-- Dollars ($ 9.997.13 ), ten (10%) percent of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said INSITu~OP~T~A~K, INC. has this day entered into a written contract with the said city of Denton to build and construct BID # 1940 -CHISHOI/4TRAIL SANITARY whlch contract and the plans and specifications therein mentmoned, adopted by the City of Denton, are filed with the city Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and; WHEREAS, under the said plans, specIfications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain sa~d improvements it is agreed that the City may do said work in MB - i accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to ~e damages in said contract for each day's failure once part of said Contractor to comply with~e tens and provisions of said contract and this bond. NOW, ~EFORE, if ~e said Contractor shall perfo~ its agreement to maintain said const~ction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; othe~lse, to remain in full force and effect. It is further agreed that this oblIgation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of ~e conditions herein provided until the full amount of this bond shall have been e~austed, and it is further understood that the obligation to maintain said work shall continue throu~out said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during sa~d time. IN WITNESS ~EREOF, the said In~ltuform Texark, as Contractor and Principal, has caused these presents to be executed by Robert W Affholder and the said Continental Casualty Company as sureR, has caused these presents to be executed ~ its Attorney-in-Fact Thomas C. Ricci, Jr and the said Attorney-in-Fact has hereunto set his hand this 17 day of September , 19 96 S~ETY: PRI~AL: Contine~talCasualtyCom~z~ /~ I~i~formTe~ Inc Thomas C Ricci, Jr Attorney-~n-Fact COUNTERSIGNED BY~ Douglas G Hotchkiss Hotchkiss & Sons, Dallas, TX AAA0184D Rev. 04/05/96 MB - 2 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY an Ilhnms corporahon NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connectlout oorporatmn, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvama corporahon (herein collectively called "the CNA Surety Companies'% are duly organized and existing corporations having thetr pnnc~pal offices m the C~y of Chicago and State of Ilhnols, and that they do by wrtue of the s~gnature and seals herein affixed hereby make constitute and appoint Kathleen M Hoffard, Thomas C Rtcc~ Jr, Kathlesn A Petehulat, Stephen E R~ccl Individually of St Louis, Mlssoun their true and lawful Attom ends undertakings and other ob and to b~nd them thereby Jons and all the acts of smd At ~ ~reof duly Th~s Power of Attome~ adopted as indicated, by In W~ness Wherea their co.orate seals to b State of UIinols Cou~ . · m ~ ~ ~ ~ ~ u State of Itllnols ~ ~ ~ledges a~hon~ given by the r I John M Lffiler , ~ ~ ~ ~ ~ ~ ~ ~ ° ~ ~ E ~- r~ 5 ~ ,rem HARTFORD and AI~ a~oveset.-~hissq~~u~I o ~ m o o R ~ ~ ~ ~ ~u ~ the this 1 7 day ~ ~ ~ ~ O ~ INSYLVANIA Secreta~ (Rev 7/1~) Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY This Power of Attorney is made and executed pursuant to and by authority of fha following By-Law duly adopted by the Board of Diroctom of the Company Article IX---Execution of Documents Section 3 Appointment of Attorney-~n fact The Chairman of the Board of Directors, the President or any Exeout~ve Semor or Group Vice President may, from time to time appoint by written certificates attorneys-In-fact to act In behalf of the Company m the execution of poi;roes of ~nsurancs, bonds, undertakings and other obligatory Instruments of like nature Suoh attorneys m-fact subject to the I~m~tahons set forth m their rsepect~ve csrt~ficstes of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto The Chairman ofthe Board of Directors, the President or any Execubve, Semor or Group Vice President or the Board of Dlrsctors, may at any time, revoke all power and autbonty prewously g~ven to any attorney-m-fact This Power of Attomey ~s s~gned and sealed by tacs~m~le under and by the authority oftha following Resolubon adopted by the Board of D~rectors of the Company at a meeting duly called and held on the 17th day of February, 1993 Resolved that the srgnature of the President or any Execubve, Senlar or Group Vice President and the seal of the Company may be affixed by facslmde on any power of attorney granted pursuant to Section 3 of Arbole ~X of the By-Laws, and the a~gnaturs of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any oertificste of any such power and any power or csrt]ficate beanng such facsimde s~gnature and seal shall be vahd and binding on the Company Any such power so executed and sealed and certified by certificate so executed and sealed shall with rsepent to any bond or undertaking to which it is affached, continue to be valid and b~ndlng on the Company" ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA Th~s 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---Executron of Obitgatrona and Appointment of Attorney.~n-Fact Section 2 Appointment of Attorney-m-fact The Chairman of the Board of Directors, the President or any Executive, Senior or Group V~ce Prss~dent may from t~me to brae, appoint by written csrt~flcstes attomeys-~n-fact to act ~n behalf of the Company in the exeouben of policies of insurance bonds undertakings and other obhgatory Instruments of like nature Suoh aflomeys-m fact subject to the limitabons set forth ~n their respaohve csrtrticates of authority, shall have furl power to b~nd the Company by their s~gnaturs and exeoution of any such ~netruments and to attach the seal of the Company thereto The President or any Execuitve, Senior or Group Vice President may at any time revoke all power and authority prewously g~ven to any attorney-m fact T~ls Power of Attorney ~s signed and sealed by facsimile under and by the authonty of the fallowing Reaoluhon adopted by the Board of Directors of the Company at a meeting duly cslled and held on the 17th day of February, 1993 Resolved that the signature of the Precedent or any Execubve, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Artlole VI of the By-Laws, and the e~gnaturo of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by face,male to any csrtificste of any such power and any power or certificate beanng such facsimile signature and seal shail be valid and b~ndlng on the Company Any euoh power so executed and sealed and csrt~fied by csrbficste so executed and sealed shall w~h respect to any bond or undertaking to which it is attached, continue to be valid and b~nd~ng on the Company ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD Th~s Power of Attomey Is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of D~rsctors oftbe Company RESOLVED That the President, an Executive Vics President or any Sen~or or Group Vice President of the Corporsbon may, from brae to bme, appaint by wntten csrt~ficates Attorneys-m Fact to act m behalf of the Corporation in the execution of pol~ctes of insurance, bonds, undertakings and other obligatory instruments of bke nature Such Afforney-~n Fact subject to the hmitat~ons set forth in their respective csrtiitcates of authonty, shall have full power to bind the Corporation by therr signature and exeoubon of any such instrument and to attach the seal of the Corporehon thereto The President, an Executive Vice President, any Semor or Group Vice PrssJdent or the Board of Dlrsctors may at any time revoke all power and authonty prewously gh'en to any Attomey-in-Fact ' This Power of Attorney is s~gned and sealed by facsimile under and by the authority of tbs following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993 "RESOLVED Tilat the s~gnature of the Premdent, an Executive Vice Pres~dect or any Sen~or or Group Vics President and the seal of the Corporst~on may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the s~gnature of a Secretary or an Assistant Secretary and the seal oftbe Corporation may be affixed by facsimile to any oertlitcata of any such power and any power or certificate beanng suoh facsimile signature and seal shall be vahd and binding on the Corporation Any such power so executed and sealed and csrt~fied by cerbficste so executed and sealed, shall with respect to any bond or undertaking to which ~t is attached continue to be valid and b~nd~ng on the Corporation X{ Oi'.ll. CERTIFICATE OF INSURANCE x 10/1/96 THIS CERTIFICATE IS ISSUED AS A MA'rTER OF INFORMATION Lockton Companies ONLY AND CONFERS NO RIGHTS UPON THE C~:FI'IFICAT~ HOLDER THIS CERTIFICATE DOES NOT AMEND E~'TEND OR ALTER THE cOVERAGE AFFORDED BY THE POUCIES BELOW 1 Cityplace Drive, Su~_te 160 St Louis, MO 63141 COMPANIES AFFORDING COVERAGE 314-432-0500 A Liberty Hutual Fire Insurance , s Liberty Insurance Corp Insltuform Texark, Inc I eOM.Am' 17988 Edison Avenue C Chesterfield, MO 63005 COVERAGES THIS I$ TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO T~E INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NO'P~VITHETANDINS ANY REQUIREMENT 'i~RM OR COND~ON OF ANY CONTT~ACT OR OTHER DOCUMENT W~ RESPECT TO WHICH THIS ~.~m~ , G~.~ ^o~^~ ' 2. 000. 000 ~ =o.~.=,~..~u~.u~ RG2-641-004218-036 T 7/01/96 7/01/97 -~u=~ oo.P~.^~ , 2.000.000 A l,O00,O00 ' I I:~s~ X~occu. Blkt Additional Insured ,__.ow.~co.?..CYo. s~Tl Btkt Waiver of Subro ' ~:.~:u..~.c~ ,, 1.000.000 X', AGG PER PROJECT Broad Form PD/Contraotual ..~ ~^~ l^.. .. ,,,., , 100,000 X, XCU Independent Contracto~ .~=~.~.~o-~-., , 10,000 A ~ y,,'.~^u~o AS2-641-004218-026 7/01/96 7/01/97 I ], 1,ooo,ooo .__~.~oww~^~o, Blkt Additional Insured I  UMS~U~ B ! ~., ~.m~o~ ,~l.m ,.c~ WC7-641-004218-016 7/01/96 7/01/97 l o,.~s, mucYu.. ! ,1.000,000 .~.~x,cw~ ~ Blkt Waiver of Subro lm,=~[ ~.c.~.~o~[ ~1~000~000 i I BZD NO 1940 - C~ZSBO~N T~ SA~ITAR~ S~WgR (HO~CA~O)~OUS~ON B~ACg 9013 ~ex~s Street ~~~X~~X De~to~, ~exas 76201 ACOF rZ ' ' ' ' i;IABiMTY INttiUi~,ANCE · oo~l~ I ~Hl~ ~IRTI;I~ATE iS 1~gUED AB A MA~ER OF IN~RMA~ ONLY AN~ CONFER6 NO RIGH~ U~N ~E CERTIRCATE HOLDER THiS CERTIFICATE DOE~ NOT AMEND, EXTEND OR ~cCollum, ~11ec ~ ~elace ALTER THE_~OVERAQ~ AF,~D~ED BY THE POLI~IE~ BELOW~ 2221 ~b ~= B1v~ COMPANI~ A~p~O~_~a COV~RA~ ~u~te 500 c~,,~ Pe~sutance ~sual~7 Co Acl~n9~, ~X 76~6 A B P O ~x 40328 c ~C ~rCh, ~X 761~0328 D EXCLU~IOfiS AND ~DIT~N~ O; 9UGH ~8 LIMITS 6~OWN ~Y HAV~ BEEN REDUCED BY PAiD C~IM8 ~ ', C~,~M,O~ ~ : ~. "'""°~'"~v'~_~L _ _ - -[ A m~v.~ ~ ~42-1115~91 I 9-10-96 9-10-97 ~ ~,,c.~cc,o,~ l s ~o~ec~: Bid ~1931 - Replace ~a~ltne - ~oc~hlre, ~n~on, ~X 215 I ~cKtnn~ ~ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE JOHN A MILLER 8, ASSOCIATES INC HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O BOX7214 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW FORT WORTH TX 76111-O214 COMPANIES AFFORDING COVERAGE PHONE (817)834-7111 FAX. (817)834-7115 COMPANY A MARYLAND LLOYDS INSURED WILLIAM J SCHULTZ, INC DBA COMPANY B NORTHERN INSURANCE COMPANY OF NEW YORK CIRCLE"C" CONSTRUCTION COMPANY, ET AL P O BOX 40328 COMPANY FORT WORTH, TX 76140 C COMPANY ~ D THID IS TO CERTIFY THAT THE POLIC~EB OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INBURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THiS CERTIFICATE MAY BE IBSUED OR MAY PERTAIN THE [NSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDIT~ONE OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY pAID CLAIMS CO POLISY EFFECTIVE POLICY EXPIRATION LIMITS LTR TYPE OF INSURANCE POLICY NUMBER DATE {MM/DDrt'Y) DATE (MM/DD/YY) GENERAL LIABILITY GENEP, ALAGGREGATE , $ 2,000,000 A X COMMERCtALGENERALLIABILITY PRODUCTS COMP/OPAGG $ 2~0001000 I CLaiMS UAOE r x~ occur EPA 22992722 08/12/96 08/12/97 PERSONAL & ADV tNJURY $ 110001000 ~ OWNER S & CONTRACTOR S PROT EACH OCCURRENCE $ 1~0001000 X INCLUDES CG2503 FIREDAMAGE (Any one flre) $ 50,000_ (PER PROJECT END ) MED EXP (Anyone person) $ 5~000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,00o,000 B X ANYAUTO ~.LL OWNED AUTOS ~ODILY iNJURY -- WAA 22992797 08/12/96 08/12/97 (Per person) SCHEDULED AUTOS ~- H~RED AUTOS BODILY INJURY ~X NON OWNEDAUTOB (Per&¢cldent) AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ 5~000~000 B X~ UMBRELLA FORM UBA 85873397 08/12/96 08/12/97 kGGREGATE $ 51000~000 OTHER THAN UMBRELLA FORM $ EMPLOyERs LIABILITY ~L EACH ACCIDENT $ OFFICERSARE EXCL ELDISEASE EA EMPLOYEE $ OTHER PROJECT BID #1931 * REPLACE WATERLINE - YORKSHIRE, DENTON, TX 215 E MCKINNEY ST 30 DAYS WRITTEN NOTICETO THE (IBRTIEiCATE HOLDER NAMED TO THE LEFT CONTKACT AGKEEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 17 day of SEPTEMBER A~D., 19 96 , by and between THE CITY OF DENTON of the County of DENTON and State of Texas, acting through TED BENAVIDES thereunto duly authorized so to do, hereinafter termed "OWNER," and JAGOE PUBLIC COMPANY 3020 FT WORTH DRIVE / P.O. BOX 250 DENTON, TEXAS 76202 of the City of DENTON, County of DENTON and State of TEXAS , hereinafter termed "CONTRACTOR" WITNESSETH: That for and In consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in thc bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1941 - HOUSTON PLACE SANITARY SEWER AND WATERLINE REPLACEMENT in the amount of $326,141.00 and all extra work in connection therewith, under the terms as state~ in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, CA - i blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON ENGINEERING STAFF all of which are made a part hereof and collectively evidence and constitute the entire contract. Indeoendent 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. de 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 ~eason 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 timu 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: ~ ~ ~ 3AGOE PUBLIC COMPANY / CONTRACTOR MAILING ADDRESS FAX ~R TITLE PRINTED NAME AS TO FORM:/ (SEAL) APPROVED City-Att~rndy AAA0184D Rev. 07/28/94 CA - 3 Bond No. 325233 PEKFOKMANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS' That JAGOE PUBLIC COMPANY , of the City of DENTON County of DENTON , and State of TEXAS as PRINCIPAL, and O~ABOARD SURETY COMPANY , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON as OWNER, in the penal sum of THREE HUNDRED TWENTY SIX THOUSAND ONE HUNDRED FORTY ONE AND 00/100 Dollars ($ 326,141 00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and asszgns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 17 day of SEPTEMBER , 19 96 , for the construction of BID # 1941 - HOUSTON PLACE SANITARY SEWER AND WATERLINE REPLACEMENT which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform sa~d Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisIons of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabllitles on this bond shall be determined in accordance with sald provisions to the same extent as if they were copied at length herein. PB - i PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the sams, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this 4th day of October , 19 96. ~/~'-/~t~-~O~ SEABOARD SURETY COMPANY Principal -- Surety ~/[C~-~ /) . I ' [. RosemaryIweaver -- Title {-//~,',,J.~z,,~~-- Title Attorney-in-Fact Address: / ~ ~-~ Address: Burnt ~]lls Road& Route 206 ~"~C~,., '-~-~ ~ Bedmlnster~ NJ 07921 (SEAL) The name and address of the Resident Agent of Surety is: Will~s Corpoon Corpopat~on of Texas 13355 Noel Road, Suite ~00, Dallas, Texas 752~0-6612 NOTE: Date of Bond must not be prior to date of Contract. A~0184D Rev. 07/28/94 PB - 2 Bond No. 325233 PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC COMPANY of the City of DENTON County of DBNTON , and the State of TEXAS as principal, and SEABOARD SURETY COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF DENTON , OWNER, in the penal sum of ~HREE HUNDRED TWENTY SIX THOUSAND ONE HUNDRED FORTY ONE and 00/100 Dollars ($ 326,141 00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, Jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the I7 day of SEPTEMBER 19 96 BID # 1941 - HOUSTON PLACE SANITARY SEWER AND WATERLIhE REPLACEMENT to which contract is hereby referred to and made a part hereof as fully and to the same extent as if cop~ed at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were cop~ed at length herein. PB - 3 Surety, for value received, stipulates and agrees that no change, extension of time. alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additi6n to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 4th day of October 19 96 . (~0~ /~ ~L ~(--OW~3~ SEABOARD SURETY COMPANY Pr ~nc~pal~ Surety ~ ~ /1 ,/[" ~osemary ~eaver Tltle ~ ~ ~ /~ ~ ~ ~ Title. Attorney-in-Fact Address: ~ O ~ ~O Ad.ess: Burnt M~lls Road & Route 206 (S AL) (SEAL) The name and address of the Resident Agent of Surety ~s: Willis Corroon Corporation of Texas lqq55 Noel Ro~d- AAAO184D Rev 07/28/94 PB - 4 Bond O. 325233 MAINT NANC BOND THE STATE OF TEXAS COUNTY OF DENTON JAGOE PUBLIC COMPANY KNOW ALL MEN BY THESE PRESENTS: That as Principal, and ~Bn~D ~H~Y nn~Y a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of THIRTY TWO THOUSAND SIX HUNDRED FOURTEEN and 10/100 Dollars ($ 32.614 10 ), ten (10%) percent of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, Jointly and severally. This obligation is conditioned, however, that: WHEREAS, said JAGOE PUBLIC COMPANY has thls day entered into a written contract with the said City of Denton to build and construct BID # 1941 - HOUSTON PLACE SANITARY SEWER AND WATERLINE REPLACEMENT which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the city Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and; WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work ~herein contracted to be done and performed for a per~od of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated bysa~d contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by sa~d Contractor, and in oase the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work an accordance with said contract end supply such materials end charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect~ otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maIntenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said Jagoe-?ubllc Company as Contractor and Principal, has caused these presents to be executed by Bill Cheek. Jr and the said Seaboard Suret~ Company as surety, has caused these presents to be executed by its Attorney-in-Fact Rosemary Weaver and the said Attorney-in-Fact has hereunto set his hand th~s ~h day of October , 19 96 . SURETY: PRINCIPAL: Rosemar~ Weaver Attorney-~n-Fact AAA0184D Rev 07/28/94 MB - 2 For verification of the authen~lty of this Power of Attomey you may call collect 908-658-3500 and ask for the Power of Attorney clerk Please refer to the Power of Attomey number, the above named Individual(s) and details of the bond to which the power s attached Ii1 New York,-Dial 212-627---.4 ~.~ Ill~ORTANTNOTIC£ TO OBTAZN ZNFORI4ATJ:ON OR HAKE A COHPLAZNT: YOU HAY CONTACT 1TIE TEXAS DEPARTHENT OF TNSURANCE TO OBT_~TN ZNFORI4ATZON ON COI4)ANZES, COVERAGI=g, R/Ghi~ OR COI~LAZNTS AT: 1-800-252-3439 YOU HAY MRTTE THE TEXAS DEPARTHENT OF TNSURANCE: P. 0. Box 149104 AUSTIN, TX 78714-9104 FAX t(512) 475-1771 PRENIUI! OR CL.AIH DISPUTES: SitOULD YOU HAVE A DZSPUTE CONCERNING YOUR PRE~4ZUN OR ABOUT A CLAZI4 YOU SHOULD CONTACT THE AGENT OR COI4PANY FZRST. IF THE DISPUTE IS NOT RESOLVED, YOU HAY CONTACT THE TEXAS DEPARTNENT OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY: Tazs ~OnCE ZS ~n ZN~O~rZO~ OSCV A~ BECOME A PART OR COI~IHON OF THE ~M A ~P~lES AFFORDING ~VE~E PO~ ~ o~ D MAY BE ~UED ~ ~Y ~N, ~E IN~U~GB ~R~D BY ~B ~Cl~ D~ORI~D HE~IN I~ 8U~EOT TO ~ ~E ~M~, AND ~N~ DF ~H POU~ UM~ ~H~ ~Y HAVE ~N R~ ~ FAD ~MO ~. ~, B~ FN~flE ~ MNL ~UCH N~OE 8H~ IM~ NO OBU~ OR 0~01 ~[; LIS I qH~ DNI] ~ ~H~VH 61 Il (~H~)96,0l- ~00 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS B~dder's attention is directed to the insurance requirements below It Is h,ghly recommended that b~dders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the ava,labd,ty of insurance certificates and endorsements as prescribed and provided herein If an apparent Iow bidder fads to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of th~s contract STANDARD PROVISIONS: W~thout hm~tmg any of the other obhgat~ons or habd~t~es of the Contractor, the Contractor shall prowde and maintain untd the contracted work has been completed and accepted by the C~ty of Denton, Owner, the minimum insurance coverage as md~cated hereinafter As soon as practicable after notification of b~d award, Contractor shall file w~th the Purchasing Department satisfactory certificates of insurance, containing the b~d number and t~tle of the project Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any t~me, however, Contractors are strongly adwsed to make such requests prior to b~d opemng, s~nce the ~nsurance requirements may not be modified or wawed after b~d opening unless a written exception has been submitted w~th the b~d Contractor shall not commence any work or deliver any materml until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton All ~nsurance pohc~es proposed or obtained m satisfaction of these requirements shall comply w~th the following general specifications, and shall be maintained ~n comphance w~th these general specifications throughout the duration of the Contract, or longer, ~f so noted · Each pohcy shall be ~ssued by a company authorized to do business m the State of Texas w~th an A M Best Company rating of at least A · Any deductibles or self-insured retentions shall be declared m the b~d proposal If requested by the C~ty, the insurer shall reduce or eliminate such deductibles or self-insured retentions w~th respect to the C~ty, ~ts AAAO0350 1 REVISED 10/12/94 (~l 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 · L~ab~hty policies shell be endorsed to prowde the following' · ® Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers, · · That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this ~nsurance applies separately to each insured against whom claim is made or suit is brought The inclusion of more than one ~nsured shall not operate to increase the ~nsurer's limit of hab~hty · All pohcms shall be endorsed to provide thirty(30) days prior written norm· of cancellation, non-renewal or reduction in coverage · Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which g~ve rise to claims made after expiration of the contract shall be covered, · Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit prowdlng for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liab~hty Insurance · Should any required insurance lapse during the contract term, requests for payments or~ginat~ng after such lapse shall not be processed until the CIW receives satisfactory evidence of reinstated coverage as required by th~s contract, effective as of the lapse date, If insurance ~s not reinstated, C~ty may, at ~ts sole option, terminate this agreement effective on the date of the lapse, AAA00350 REVISED 10112/~4 CI - 2 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance pohcms proposed or obtained ~n satisfaction of th~s Contract shall additionally comply with the following marked specifications, and shall be maintained ~n comphance w~th these additional specifications throughout the duration of the Contract, or longer, ~f so noted [X] A General Llab[hty Insurance' General L~ab~hty insurance w~th combined s~ngle hm~ts of not less than 1,000,000 shall be prowded and maintained by the contractor The pohcy shall be written on an occurrence bas~s e~ther ~n a s~ngle pohcy or ~n a combination of underlying and umbrella or excess pohc~es If the Commercial General L~ab~hty form (ISO Form CG 0001 current edition) ~s used · Coverage A shall include premmes, operations, products, and completed operations, independent contractors, contractual hab~hty covering th~s contract and broad form property damage coverage · Coverage B shall ~nclude personal ~njury · Coverage C, medical payments, ~s not required If the Comprehensive General L~ab~hty form (ISO Form GL 0002 Current Ed~tion and ISO Form GL 0404) ~s used, ~t shall ~nclude at least · Bodily ~njury and Property Damage L~ab~hty for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures · Broad form contractual hab~hty (preferably by endorsement) covering th~s contract, personal ~njury hab~hty and broad form property damage habd~ty AAA00350 REVISED 1OI12194 Gl - 3 Insurance Requirements Page 4 [X] Automobile Llab,l,ty Insurance' Contractor shall prowde Commercial Automobde L~ab~hty insurance w~th Combined Single L~m~ts (CSL) of not less than 600,000 e~ther m a single pohcy or m a combination of basic and umbreJla or excess pohcms The pohcy w~ll include bodily injury and property damage hab~hty arising out of the operation, maintenance and use of all automobiles and mobile equipment used m conjunction w~th th~s contract Satisfaction of the above requirement shall be ~n the form of a pohcy endorsement for · any auto, or · all owned, h~red and non-owned autos IX] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation ~nsurance which, ~n addition to meeting the minimum statutory requirements for ~ssuance of such insurance, has Employer's L~ablhty hm~ts of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 pohcy hm~t for occupational d~sease The C~ty need not be named as an "Additional Insured" but the ~nsurer shall agree to waive all r~ghts of subrogation against the C~ty, ~ts officials, agents, employees and volunteers for any work performed for the City by the Named Insured For building or constructmn projects, the Contractor shall comply w~th the prows~ons of Attachment 1 m accordance w~th §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) [ ] Owner's and Contractor's Protective L,ab,l,ty Insurance The Contractor shall obtain, pay for and maintain at all t~mes during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liablhty ~nsurance pohcy naming the C~ty as ~nsured for property damage and bodily ~njury which may ar~se ~n the prosecution of the work or contractor's operations under this contract Coverage shall be on an AAA00350 REVISED 10112/94 Gl - 4 Insurance Requirements Page 5 "occurrence" bas~s, and the policy shall be ~ssued by the same ~nsurance company that carries the contractor's liab~l~ty ~nsurance Policy llm~ts will be at least combined bodily Injury and property damage per occurrence w~th a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required ~f Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a port~on of a City bu;Idmg. Lim~ts of not less than each occurrence are required [ ] Professional Liability Insurance Professional liability insurance with I~m~ts not less than per claim w~th respect to negligent acts, errors or omiss,ons in connection w~th professional services is required under th~s Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an Ali-Risk form for 100% of the completed value shall be provided. Such policy shall ~nctude as "Named Insured" the City of Denton and all subcontractors as their interests may appear [ ] Additional Insurance Other insurance may be required on an individual bas~s for extra hazardous contracts and specific serwce agreements If such additional insurance ~s required for a specific contract, that requirement w~ll be descnbed ~n the "Specific Conditions" of the contract specifications AAA00350 .EV~SED ~0/~2/~4 CI - 5 Insurance Requirements Page 6 ATTACHMENT I [X] Worker's Compensation Coverage for Budding or Construction Projects for Governmental Ent~tms A Deflmt~ons Certificate of coverage ("cert~flcate")-A copy of a certificate of insurance, a certificate of authority to self-insure ~ssued by the commms~on, or a coverage agreement (TWCC-81, TVVCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation ~nsurance coverage for the person's or ent~ty's employees prowdmg serwces on a project, for the duratmn of the project Duration of the proJect- includes the t~me from the begmmng of the work on the proJect untd the contractor's/person's work on the proJect has been completed and accepted by the governmental entity Persons prowdmg serwces on the proJect ("subcontractor" ~n §406 096) - includes all persons or ent~t~es performing all or part of the serwces the contractor has undertaken to perform on the project, regardless of whether that person contracted d~rectly w~th the contractor and regardless of whether that person has employees This includes, w~thout hm~tat~on, independent contractors, subcontractors, leasing compames, motor carners, owner-operators, employees of any such entity, or employees of any entity which furnmhes persons to prowde serwces on the project "Serwces" include, w~thout hm~tat~on, prowdmg, hauhng, or dehvermg equipment or materials, or prowdmg labor, transportation, or other serwce related to a project "Serwces" does not ~nclude actw~ties unrelated to the proJect, such as food/beverage vendors, ofhce supply deiwer~es, and dehvery of portable todets B The contractor shall prowde coverage, based on proper reporting of classification codes and payroll amounts and flhng of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all employees of the contractor prowdmg serwces on the proJect, for the duration of the proJect AAA003E0 REVISED 10112/94 CI - 6 Insurance Requirements Page 7 C. The Contractor must provide a certificate 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 dunng the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage w~th the governmental entity showing that coverage has been extended. E The contractor shall obtain from each person providing services on a project, and provide to the governmental entity (1) a certificate of coverage, prior to that person beg~nmng work on the project, so the governmental entity wdl have on file certificates of coverage showing coverage for all persons providing services on the project, and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage penod shown on the current certificate of coverage ends dunng 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 not~fy the governmental entity ~n 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 prowmon of coverage of any person prowdtng serwces on the project. H The contractor shall post on each project site a not~ce, ~n the text, form and manner prescribed by the Texas Workers' Compensation Commission, ~nform~ng 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 AAA00350 7 REVISED 10/12/94 f~l Insurance Requirements Page 8 The contractor shall contractually require each person w~th whom ~t contracts to provide services on a project, to (1) prowde coverage, based on proper reporting of classification codes and payroll amounts and flhng of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011 (44) for all of ~ts employees prowdlng services on the project, for the duration of the project, (2) prowde to the contractor, prior to that person begmmng work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing serwces on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage per~od, 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 ~t contracts, and prowde to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project, and a new certificate of coverage showing extension of coverage, prior to the end of the coverage per~od, ~f the coverage per~od 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 ~n writing by certified mall or personal delivery, w~thm 10 days after the person knew or should have known, of any change that mater~ally affects the provis~on of coverage of any person providing services on the project, and AAA00350 REVISED ~0n2/9¢ CI - 8 Insurance Requirements Page 9 (7) contractually require each person w~th whom it contracts, to perform as required by paragraphs (1) - (7), w~th the certificates of coverage to be provided to the person for whom they are providing services J By s~gmng this contract or prowdlng or causing to be provided a certificate of coverage, the contractor ~s representing to the governmental entity that all employees of the contractor who will provide services on the project w~ll be covered by workers' compensation coverage for the duration of the project, that the coverage w~ll be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements w~ll be filed w~th the appropriate insurance carrier or, ~n the case of a self-insured, with the commission's Division of Self-Insurance Regulation Providing false or misleading reformation may subject the contractor to adm,mstrat~ve penalties, criminal penaltms, civil penalties, or other civil actions. K The contractor's failure to comply with ,any of these provisions is a breach of contract by the contractor which ehtltles the governmental entity to declare the contract void ~f the contractor does not remedy the breach w~th~n ten days after receipt of notice of b'reach from the governmental entity. AAA00350 REVISED 10/12/94 CI - 9 BID SUMMARY In the event of the award of a contract to the undersigned, the undersigned wlll furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until f~nal completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It ~s understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satlsfactlon of the Engineer. The undersigned certifies that the b~d prices contained ~n th~s proposal have been carefully checked and are submitted as correct and flnal. Unit and lump-sum prices as shown for each item listed ~n th~s proposal, shall control over extenslons. CONT~__ C~ty and State Seal & Authorization (If a Corporatlon) ~/?./~ Telephone B - 1 WORK DAYS RID NO BID TABULATION SHEET 1 21 contractors WarrantLes & - LS Understandings 2 12-A I 6" Sani=ary Sewer ~ 35 2 12-B I 8" Sanitary Sewer 562 Unit Prxce in Words Unit Price ~n Words 4 5 Flex Base 6" 2,420 SY $ 3 1 Preparation of LS Right-of-Way Unit Price in Words 3 12 Temporary Erosion Control 3-A Remove Concrete Pavement 89 SY $ ~/SY $ Unit PrLce in Words 3-C Orzve Remove Concrete Walks & 63 I S* 15 ~c~/SY I$ ~7~ 5 8-A Concrete Pavement 89 SY $ ~/SY I $ Unit Price in Words P 3 WORK DAYS 30 BID NO 1941 ~ouston P%ace Sanitary Sewer Reolacement PO NO BID TABULATION SHEET Unit Price ~n Words 7.6-B I 5' Manhole Unit Price in Words 7 6-C ~ 4' Manhole I EA 8 1 ~ Barricade, Warning Signs - LS $ /,~LS and Detours Unit PrLce in Words SP-2 Concrete Saw Cu~ 340 LF $ ~/LF Unit Price ~n Words SP-8 Manhole 2 EA $ Unit PrLce in Words SP-iO Rock Excavation 50 CY $ Unit Price in Words SP-37 Excavation Protectlon 1,307 LF $ /o~/LF $ ~,~7~ Unit Price Ln Words. SP-40-A Cut & Plug SanLtary Sewer 7 EA $ UnLt Price in Words SP-46 [Misc Sprlnkler system - LS AdJus=ment P - 4 WORK DAYS 3O -- BID NO Houston Place Sanitary Sewer ReDlacement PO NO BID TABULATION SHEET ewer Servmce (Public) ~ 35 EA $ ~O~)O6~_/EA Unit Prlce in Words ~FUJ~W~ ~/~W Unmt Price in Words WS-30-A Into Exlstlng 2 EA $ ~EA $ Manhole Unlt Price ~n Words WS-30-B Break Into Existing 1 $ ~O /EA $ Manhole Rebumld Invert Unit Price in Words SP-43 ~ Asphalt Saw Cut 3381 $ /~ /LF $ ~ Unit Prmce mn Words Total Price in Words ¢~g/nnP~ ~m~-/~~ P - 5 Houston Place Waterline RePlacement WORK DAYS 50 EIb -Tg-4J PO NO BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 1 21 Contractors Warranties & LS $ ~, ~_~O--C~/LS $ Understandings Unit Price in Words 2 12-D 6" Waterline 3 221 ~°-_~/LF Unit Price ~n Words 2 12-8 Ductile Iron Fittings 1,040 $ /_6)/LB $ Unlt Price ~n Words 2 13 1 I 6" Gate Valve 7 EA I $ ~/EA $ ~,~OO~ Unit Price in Words ,~~ ~ ~ ~ 2 14 Fire Hydrant 6 EA $ / ~OO~D/EA $ Unlt Prlce in Words ~;~/~f~ ~/.~ ~~6 2 16-A Water Service (P~llc) 35 EA $ ~/EA $ Unlt Price in Words ~ ~/~ Dd~/~ unit Price in Words 2 16-C 2" Water Service 10 ' EA / $ ~c'~ lEA $ Unit Price ~n Words 2 16-D Water Service (Private) Unit Price in Words 3 1 Preparat ~on/R~ght- of- Way Unit Price ~n Words 3 12 I Temporary Erosion Control Unlt Price mn Words ~: 3-A Remove Concrete Pavement ~ 70 $ 7 ~/SY $ ~/~ Unit Price in Words ~ L Houston Place Waterline Reolacement WORK DAYS 50 PO NO BID TABULATION SHEET ITeM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3-B Concrete Curb & 10 LF $ Gutter Unit Price in Words 3-c Concrete Walks & 11 SY $ 7 ~.?/sY 7~7o~ Drive Unlt Price in Words ~-~.)~ 3 9 I Sod ~{~ 280 SY $ Unit Price in Words ~S 5 8-A Concrete Pavement 70 SY $ 30~_/SY $ Unit Price in Words 8 1 Warning Signs LS $ and Detours Unit Price ~n Words 8 2-A Concrete Curb & Gutter I 10 LF Unit Price in Words I /~-F~ D~5 8 3-B Concrete Driveway 11 SY Unit Prlce in Words SP-2 Concrete Saw Cut 136 LF $ ~/LF $ Unit Price in Words / SP-10 Rock Excavation 50 CY $ ~5~/CY Unit Price in Words SP-37 Excavatlon Protection 325 LF $ /c~3/LF $ Unit Price in Words SP-39 Pro] ect Signs 2 EA $ Unit Price in Words SP-40-B Cut & Plug Existing ~;Zd~O Waterline P - 7 WORK DAYS 50__ BID NO Houston Place Waterline ReDlacement PO NO BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL SP-42 Remove Valve Stack 10 EA $ Unit Price in Words SP-43 I Asphalt Saw Cut 5518 LF I $ /°--~/LF $ ~,~/~(~__ Unit Price in Words / SP-44 Remove Fire Hydrant 3 EA $ Unit Price ~n Words SP-46 Mlsc Sprinkler System LS $ ~~O~_/LS $ Adjustment Unit Prmce mn Words Total Price in Words P - 8 BID SUMMARY DESC~XPTZO~ WOrK DAYS Waterline Relocations 50 Sanitary Sewer Relocations 30 · o~ ~o The water and sewer portions of this project are being separated for bookkeeping purposes only Award of the bid will be based on the total bid. Eighty (80) work days will be allotted for the total project and will not be kept separately for each portion B - 2 T~IS AGRE~ERT, made and entered into ~h~s 17 day of SEPT~mER A.0., 19 96 , by and between of ~e Cowry of D~N ~d State of Texas, ac=lng ~ermun=o duly au~orized so =o do, hereinafter ~e~ed "0~," and DBR ~NS~UCTION P.O. ~X 828 D~N~ 'r~ 76202 Of the City of DENTON , County of DENTON and State of TEXAS , hereinafter termed "CONTRACTOR. # WITNESSETH: That for and in consideration of ~he payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in th= bonds attached hereto, C0~TRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bxo # 1942 - CO~NXT~ SXD~m~S - E~S? S~D~- OF SOL~VA~ ST~.T in the amount of ~38~s25.0o and all ex~ra work in connection therewith, under the terms as state-] in the General Conditions of =he agreement~ and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and o~hsr accessories and services necessary to complete the work specified above, in accordance with the condit~ons and prices stated in =ha Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Speclal ConditLons, the Notice =o Bidders (Advertisement for Bids), InstructLons to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawlngs and printed or writ=an explana=c~- mat=er ~hereof, and =he Specifications therefore, as 9r~par~d CI~ OF D~N ~G D~a~ all of which are made a 9ar= hereof and collectively evidence constitute ~e entire con=ra~. Independent Status It is mutually ~ders~ood ~ a~me4 ~ ~4 baleen City and Contractor ~at Con.actor is ~ ~depend~= con.ac=or and shall not be de~md ~o be or consid~md ~ ~ployee of ~e Den=on, Texas, for ~m p~oses of ~come =~, wiehholding, sec~ity ~xes, vacation C°ri~y si~ leave b~eftts, work~' s compensation, or any o~er ~ployee b~ef!=. City shall have supe~ision and =on~ol of ConVeYor or ~y ~ployee of Contractor, and it is e~rmssly ~d~s=ood ~at Con. actor shall perfo~ the semites herm~d~ according ~o ~e specifications at ~e general direction of ~e City Manag~ of ~e City of Denton, Texas, or his desi~ee ~d~ ~is Contractor shall and does h~eby a~ee =o ~d~ify ~d hold hapless ~e City of Den=on fr~ ~y ~d all d~ges, loss, liability of any kind whatsoev~, ~ Feason of ~j~ =o ~rope~y or ~ird persons occasioned ~ ~y ~o=. omLssion or negligmn= of Con.actor, its offices, agents, ~U~oyees, ~vitees, ~d persons for whom i~ ~s legally li~e, wi~ raged perfo~ancm of ~Ls A~mement, ~d ConVeYor wLll, a= its cost and e~mnse, defend and protm~ ~e City of Denton aga~st any ~d all such claims ~d demands. Choice of Law and Venue This a~m~ent shall be governed by ~e law of ~e State of Texas and venue for i~s const~ion ~d enforc~ent shall lie in the co~s of Denton Co~=y, Texas. The C0~OR hereby a~ees ~o commence work on or after date ~tablished for ~e sta~ of work as set fo~ ~ ~i~ten not~ce =o co~encm work and complete all work wi~ ~m stated in ~e Proposal, subject to su~ ~ensions of =~e as provided by ~e General and Special Conditions. The 0~ a~mes ~o pay ~e CO~OR ~ =mn= f~ds price or prices sho~ ~ ~e Proposal, which fo~ a pa~ of contract, such pa~en=s =o be s~Je~ =o ~e General ~d Special Conditions of ~e IN WITNESS WHF. REOF, the par~les of these prmsen=s ha' a execu=ed Chis agreemen= in the year and day, flrs= above wrl='.an ATTEST: ATTEST: CONT~TO~ ~LING ~D~SS PHONE ~ TITLE PRINT~ N~ APPROVED AS TO FOP~M: (SEAL) ClOy Attorney ~ AAA0184D Rev. 07/28/94 BID SUMMARY TOTAL BID PRICE IN WORDS Thirty Eight Thousand Eight Hundred Twenty Five Dollars and Fifty Cents In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with ~he terms and provisions of the contract, to ~nsure and guarantee the work untll final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract It is understood that the work proposed to be done shall be accepted, when fully completed and finished In accordance with the plans and specifications, to the satisfaction of the Engineer The undersigned oertlfzes that the bid prices contamned in this proposal have been carefully checked and are submitted as correct and final. Unlt and lump-sum prices as c~hown for each item listed in th~s proposal, shall control over extensions DBR Construction Co~y~ Inc CONTRACTOR /~' Don Richards/President P 0 Box 828 Street Address Denton,TX 76202 Clty and State Seal & Authorization (If a Corporation) 817/383-3007 Telephone B - 1 WORK DAYS 15 BID NO l~4Z Community $%dew~lks-East S~de of 8olivar Strset PO NO BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOT~ 3-C Walks and Drives 963 SY 9 00/SY $ 8,667 00 Unit Pries in Words. Nine Dollars 3 1 Preparataon of -- LS $ 1,765 0~s $ 1,765 00 Right-of-Way Unit Prace in Words Seventeen Hundred Sixty Five Dollars 3 10 7 Hydromulch 460 1 00 /SY $ 460 0( Unlt Price in Words One Dollar 3 12 Temporary Erosion Control -- L$ $ 50 00/LS I $ 50 00 Unit Price in Words Fifty Dollars Unat Price an Words Five Hundred Dollars Unit Przce in Words Twenty Seven Dollars 1 21 Contractors Warrantzes -- LS $ 1,765 00 and Uuderstand~ngs Unat Prace in Words ~eventeen Hundred Sixty Five Dollars 1 EA $ 200 0~EAI$ 200 oo sP-39 Project sign unit Price in Words Two Hundred Dollars 3-B I Remove Curb and Gutter 63 $ 10 00/LF $ 630 Unit Prace in Words Ten Dollars 3 3 I Unclassified Excavation 10 CY $ 10 00/cY 100 0f Unit Prate ~n Words Ten Dollars 8 2-A I Concrete Curb and Gutter 10 LF $ i0 00/LF $ 100 0( Unit Price ~n words~ Ten Dollars P ~ WORK DAYS 15 BID NO 194Z Community S~¢ewalks--East S~de of Bolivar Street PO NO. BID TABULATION SHEET ITEM DESCRIPTION QU~ITY MIT MIT PRICE TOT~ SP-2 Concrete Sawcut 634 LF $ 2 00 /LF $ ~,268 00 Unit Price in Words~ ~o Dollars 8 3-S I 6" C°ncrete $1dswalkwith(steelRe~nforcementand Fibermesh) 185 / SY I $ 31 50 /$Y t $ 5'827 5( Unit Price in Words ~irty One Dollars and Fifty Cents Unit Price an Words Five Dollars Unit Price in Words I Total $ 38,825 50 Total Price in Words Thirty Eight ~ousand Eight Hundred ~enty FiVe Dollars and Fifty Cents P - 4 NIVERSITY DR SUNSET ~ 1",,,~00' N THIRD GROVE ESCENT CDLLEGE PIRTLE ilI SCHMITZ WITHERS PARKWAY PEARL M ~KINNEY FSR~O~NCS BOND FINAL CONTRACT PRICE STATE OF T~S ~ BOND NO 7~1090 ~0~ O~ ~TON ~ BOND EXECUTED IN FOUR (4) ORIGINALS ~OW ~ ~ BY ~E P~S~S~ Tha= D~R , of ~e City of _ D~ Co~ty of D~N ~ ., ~d Stat~ of __ ~ - as PMINCIP~, ~d C~%0L INDE~I~ CORPO~TION , as ~=Y, au~oriz~d ~der hold ~d fi~y bo~d ~to ~e __ ~ ci~ OF D~N ~eir heirs, a~inis~ators, ~e~ors, sucue~sors and asmi~s, ~S, ~e p=~cipal has contrac~ wl~ ~a 0~, dated ~e 17 . day of ~" , whi~ =on~a~ is hereby relied fully ~d ~o ~e s~e ~t as if ~0~te~ at len~ her~in. obligat~on shall be void; o~i~m If ~y we=~ copiad a~ len~ her~in. ~e con~ac=~ or ~O ~a WOrA parroted ~are~uc~, spec~fications, or ~avings accompany~g ~a s~a, shall affect ~ts obligation on ~is bond, ~d it does h~Y ~aive of ~ such ~anaa~ e~snsion of t~ altoration or addition ~e ~e~s of ~e con~acC, o= to ~e work to ba ~erm~der. IN WI~ESS ~EoF, ~a said Principal and S~ety hays and sealed ~is inst~en= ~s 25th day of __ S~p~ember 19 96 · CAPITOL INDE~ITY CORPO~TION D~R CONSTRUCTION C0 ~ ~NC T~tle A= to,?ay-in-Fact Title P~esident ,. , __ · ...... P O Box 5900 Address:_ P O. Box 828 Address:_ Denton, Texas 76202 Madison,,,·, Wisconsin 53705-0900 The nam~ tn~ &~dr~-~ of ~a ~esid~n~ Agent ~ suro~y is: ¥ R Damiano. Jr. 17774 Preston Road, Dallas, TX 75252 NOTE: Date of Bond must not be prior to data of Contract. kA~O184D ~tev. 07/:8/94 ~B - 2 BOND PREMIUM BASED ON ~A~m~w BO~D FINAL CONTRACT PRICE -~TAT~- OF TEXA~ $ BOND NO 711090 COU1TTY OF 0]~TON S BOND EXECUTED IN FOUR (4) ORIGINALS K~OW A?,~. ~ ~¥ THESE PRESENTS: That County of D~ _, ~ ~e SCats of .. as pr&n=ipal, ~d ¢~PITOL I~DE~ITY CORP0~TION bon~s for pr~n=ipals, ars hal~ and f~]y bo~d ~to ,, _ ~cz~ OFD~ , ~, ~ ~m penal s~ of for ~e pa~en~ wh~eof, ~e said Pr~cipa~ ~d and assi~s, JoWlly ~d say. ally, ~ ~ese con=ra~ vl~ ~e 0~er~ dated ~m 17 ~y Of BID ~ 1942 - CONMUNIT~ SIDEWa?X~ - EAST SIDE OF BOLIVAR STREET ~o which contract ~ull~ and ~o ~e s~e ~ent am If copied at len~ herein. Now, ~FO~ ~ ~a~ If ~e said Pr~=Apal shall pay all ols{m~ supplying l~or and ~C~/al ~o work provided for ~n said con~c~, vo&d, o~Ise ~ r~in ~ full force ~d mffmc~; PRO~D~, HO~, ~at ~is bond ~ ~e~ted ~su~t to ~e provisions of ~e T~as Govt.= Coda, ~a~ ~2~ (Ve~on, as ~mntly ~endmd) dm~ned ~ accordance wi~ said provisions =o ~m s~m m~an= as If ~my ware copied P~ - 3 ~a~g~, ~ens~o~ of C~m, &lC~a~o~ or eddic&on co ~a c~. o~ ~e con~act, or to ~o work p~fo~ ~ore~er, affacC ~ts obligaCion on ~is bond, ~d it do~s h~y vaive notic~ of any such ~ange, e~ansion of t~e, alt~aCion or ad~ton ~a ta~ of ~l con~a~, or to ~a work to ~sre~der. ~ ~ESS ~EOF, ~e said Pr~cipal ~d S~ety have signed ~d sealed ~is lns~en= ~is 25th. day of September . DBR ¢ONSTRUCTION CO.IINC CAPITOL INDEMNITY CORPORATION Prtncipal~--~ Surety ~ Don Ri~aTds ...... y R. Zacharek Ti~lg ~resident T~i~._ Att°rne~-inTF~ct P.O Box 828 Ad~OS~: P 0 Box 5900 Denton, TX 76202 Madison, Wisconsin 53705-0900 The name and address of the Raslden= Agen= of Surety is: V R. Damiano,,Jr. 1777~ Preston Road, Dallas, Texas 75252 AA~01840 Kev. 07/20/94 PB - 4 BOND NO 711090 THE STAT~ OF T~XAS $ BOND EXECUTED IN FOUR (4) ORIGINALS C0UNT~ OF DENTO~ $ as Pr~ctpal, ~ CAPITOL I~ITY CORP0~TION ~ CO~o~i?fl ag~ortzed to do ~ess h ~e Stats of ~oxas, as ~ecy, ~o o~y a~ow~edga ~elv~ Co a '~'nxas, 1~ nucuassors ~d a~ni~s, a~ Texas, ~e s~ Of, ~ ~U~a~ RIC~ ~D E~G~ ~ an~ 50/100-~ ollars ($~), ~ (10%) p~=~t of ~n con~a~ fo= ~e pa~t of whi~ s~ said pr~oipal ~d s~aty do hereby b~d ~elves, ~e~ ~cc~sor~ ~d sev~ally. ~is oblige=ton im conditioned, h~evar, ~s, said DBR ha~ ~tS day ~ad ~o a ~ ~un~a;V w~ ~a said city o~ Denton to ~ild ~d cons~ .plD~ 1942- ~I~ ~ID~ArX~- _ ~T SIDE OF ~LI~ S~ET ~iC~ ~O9~ ~d ~a plus ~d apaciflca~ons ~are~ mentioned, auoptea ~y ~e CI~ of Denton, ~s filed w~ ~o City Secrat~ of said City ~d ~a h~ ~rmsaly ~co~orated h~m~ ~ reference ~d_made. a p~ h~aof as ~ough ~e s~e w~a ~it=~ ~d sa= ou~ l~ . ~, ~der ~a said plus, specifics=tons, ~d c ~ provlaed ~at ~e Con~a~ will ~ ~d kocp in good repa~ ~e work ~e~ c~ac~ to be done ~d p~o~ed for a period of one (1) ye~ fr~ ~e ~t~ of accedence ~ereof ~d do all ~ecessa~ he.filing ~at ~y b~come nece~a~ ~erawt~ ~d do all necass~ wor~ t~d defa~tve condition ~ow~g out of or ~i=~g con~lon of ~e ~prov~=~ ~n~pla=od ~ said uon~or on ~~tng ~ ~=e or on accost of aprop~ ~cavatton =~=~z&~ 1~ ~elng ~d~s~uod ~a~ ~a p~osa of ~ials, work. or l~or p~fo~d ~ said Con~a~r, ~d ~e said ConVeyor shall fail to rupee, r~cuns~ or obligat~on, ~d said Con.ac=or ~d s~aty shall be '~Jo~ d~agas ~ 8a~d con.act for oa~ day's fa~l~8 on ~e ~a~ of sai~ Con.actor ~o comply w~ ~a t~ ~d ~rovis~ons of said ~d ~is bond. NOW, ~0~, ~f ~a said Con.au=or ~a~l p~fo~ a~m~en= to ~ta~ said cons~ction ~d k~ep s~a ~ r~pa~ ~e ~nt~nca par~od of one (1) ye~, ~ here~ ~d said con~a~ ~rovided, ~mn ~Sa ~ras~ ~all ba null ~d void ~d have no f~er effec=~ o~tse, to r~i~ ~ ful~ force ~d IC l~ ~ a~ee~ ~at ~ obltga2ton ~all be racov~i~ may be ~d h~eon for succ~siva breezes condiCions h~a~ ~ov~ded ~il ~a ~11 ~o~ ~f ~is bond shall obliqa~ion to main~a~ sa~d work shall cont~u9 ~oughou= Said ma~nC~anco period, ~d ~8 s~e ~all no= be ~d, d~nishad, or ~n ~y manna= elf ac=ad f=om ~y cause d~g said ~ ~S ~OF, ~a said ~ con~r~c~on co ,_ as Con~ractor ~d Principal, has ca. ed ~esa ~rasen~ exe~ted ~ Don Richards, President · ~d ~ ~d __ Capitol ,Inde~ity Corporation as s~mty, has causad ~e pr~s~=s =~ be ~a~=~d by At~o~ey-~-Fac~ __ Kathy R Zacharek and ~e said At=o~ay-~-Fac= ~as h~a~=o se= his h~d ~s 25th day of September ~9 96 S~ ~ PRI~CIP~: ~athy R ,Zacharek ~on Rlc%rd~ - A~=o~ey-l~-Fac= President kev. 07/28/94 IMPORTANT NOTICE To obtain information or make a complaint= You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at= 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 FAX f(512) 475-1771 PREMIUM OR CLAIM DISPUTES' Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. A'I-rACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document INDEMNITY CORPORATION 4610 UNIVERSITY AVENUE SUITE 1400 MADISON WISCONSIN 53705 0900 PLEASE ADDRESS REPLY TO PO BOX 5900 MADISON WI 53705 0900 PHONE (608) 231 4450 · FAX (608) 231 2029 POWER OF ATTORNEY No 4 2 6 0 Know all men by these Presents That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of W~scons~n, having ~ts pnnc~pa offices ~n the C~ty of Madison, W~sconsm, does make, constitute and appoint ........... ¥ R DAM[ANO, J'R, JAMES V DAMtANO, SHANE A HUMPHP. F.Y, - ........................ ............... CANDACE DAMIANO, KATHY R ZACHAP, EK, KENNETH ZACHAREK ~ts true and lawful Attorney(s) m-fact, to make, execute, seal and dehver for and on ~ts behalf, as surety, and as ~ts act and deed, any and all bonds, unde~ak~ngs and contracts of suretyship, provided that no bond or unde~ak~ng or contract of suretyship executed under th~s authority shall exceed ~n amount the sum of ............................................ NOT TO ~XC~D $5,000,000 00 .............................................. Th~s Power of Attorney ~s granted and ~s signed and sea,ed by facsimile under and by the authority of the following Resolution adopted by the Board of D~rectors of CAPITOL INDEMNITY CORPORATION at a meebng duly called and held on the 5th day of May 1960 RESOLVED that the President and V~ce President the Secretary or Treasurer acbng ~ndw~dual~y or othe~se be and they hereby are granted the power and authonzatmn to appoint by a Power of Attorney for the purposes only of executmp and atteshng bonds and unde~ak~ngs and other Wrlhngs obhgatory m the nature thereof one or more resident wce presidents assistant secretaries and attorney(s) ~n fact each appointee to have the powers and dubes usual to such offices to the bus~ness of th~s company the s~gnature of such ofhcers and seal of the Company may be afl,xed to any such power of attorney or to any ce~flcate relabng thereto by facs~mde and any such power of attorney or ce~flcate beanng such facs~mde s~gnatures or facs~mde seal shal[ be vahd and binding upon the Company and any such power so executed and ced~hed by facs~mde s~gnatures and facs~mde seal shall be vahd and binding upon the Company ~n the future w~th respect to any bond or undedakmg or other wnbng obhgatory ~n the nature thereof to which ~t ~s aaached Any such appointment may be revoked for cause or wrhout cause by any of sa~d ofhcers at any brae IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be s~gned by ~ts officer undersigned and ~ts corporate seal to be hereto afhxed duly attested by ~ts Secretary, th~s 1st day of June, 1993 CAPITOL INDEMNITY CORPORATION Attest ~~~ Schulte Secretary STATE OF WISCONSIN / ~..,~o.¢ COUNTY OF DANE On the 1st day of June, A D, 1993, before me personally came George A Fa~t, to me known, who be~ngby me duly sworn, d~d depose and say that he resides ~n the County of Dane State of W~scons~n, that he ~s the President of CAPITOL INDEMNITY CORPORATION the corporation descnbed ~n and which executed the above ~nstrument that he knows the seal of the sa~d corporation, that the seal affixed to sa~d ~nstrument ~s such corporate seal, that ~t was so affixed by order of the Board of D~rectors o! sa~d corporabon and that he s~gned h~s name thereto by hke order STATE OF WISCONSIN ~ ~ Peter E Hans COUNTY OF DANE ~ ~ Nota~ Public, Dane Co, WI ~ ~,~.~ ~ My Commmslon is Permanent CERTIFICATE I, the undersigned, duly elected to the ofhce stated below now the recumbent ~n CAPITOL INDEMNITY CORPORATION, a W~scons~n Corporation authorized tn make th~s cerbflcate DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains ~n full force and has not beeq revoked and fudhermore that the Resolution of the Board of D~rectors, set forth m the Power of Attorney ,s nov~ ~r' force Slgned and sealed at the Clty of Madlson Datedthe 2St:It dayof /~ Sep emt bet 19 96 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requ.ramants below It is highly recommended that bidders confer with their respective insurance carriers or brokers tO determine m advance of Bid submission the avallab~hty of insurance certificates and endorsements as prescribed and providect herein. If an apparent Iow bidder fa~Is to comply strictly with the Insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have s duty to maintain throughout the course of this contract. STANDARD PROVISIONS: W~thout limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter As soon es practicable after notification of bid ewer(I, Contractor shall file with the Purchasing Department satisfactory certificates of .nsurance, containing the bid number and title of the project. Contractor ma,,,, upon whiten request to the Purchasing Department, ask for clar~flcation of any insurance requErements at any time, however, Contractors are strongly edvlee~ to mal(e such requests prior to blCl opening, since the insurance requirements may not be modffmd or waived after opening unless a written exception has been submitted w~th the bid. Contractor shell not commence any work or deliver any material until he or she receives notification that the contract has bean accepted, approved, and signed by tho City of Denton. All insurance pohcies Dropoeed or obtained in satisfaction of these requirements comply with the following general specifications, and shall be maintained compliance w~th these general specifications throughout the duration of the Contract, or longer, ff so noted · Each policy shall be Issued by a company author.zed to do business m the State of Texas with an A M. Best Company rating of at least ~ · Any deductibles or self-insured retentions shell be declared in the bid proposal If requested by the C~ty, the maurer shall reduce or eliminate sucl~ deductibles or self-insured retentions wEth respect to the City, ~ts Insurance Requirements Page 2 officials, agents, employees and volunteers, or, the contractor ~hall procure a bond guaranteeing payment of losses and relate0 ~nvestigat~ons, claim administration and defense expenses · L~at3~hty policies shall be endorsed to provide the following e· Name as additional ~nsured the C~ty of Denton, ~ts Ofhc~als. Agents. Employees and volunteers ee That such Insurance is primary to any other insurance evadable to the acJd~tional insured with respect to claims covered under the policy and that th~s insurance applies separately to eacn insured against whom clmm ~s mede or ~u~t ~s brought. The inclusion of more than one ~nsurad shall not operate to ~ncrease the ~nsurer's limit of habd~ty · Alt pohcles shall be endorsed to provide th~rtv(30) days pnor written not.ce of cancellation, non-renewal or reduction ~n coverage · Should e~y of the required insurance be prowded under a claims-made form, Contractor shall malntafn such coverage continuoualy throughout the term of this contract and, without lapse, for a penod of three years beyond the contract expiration, such that eccurrences arising during the contract term which g~ve rise to claims made after expiration of the contract shall be covered · Should any of the required insurance be provtded under a form of coverage that includes a general annual aggregate limit providing for claims ~nvest~gation or legal defense costs to be ~ncluded ~n the general annual aggregate hm~t, the contractor shall e~thar double the occurrence hm~ts or obtain Owners and Contractors Protective Liability Insurance · Should any required insurance lapse during the contract term, requests for payments origen·ting after such lapse shall not be processed unto! the City receives satisfactory ewdence of reinstated coverage as requ~ed by this contract, effective as of the laosa date If insurance ~s not reinstated, C~ty may. at ~ta sole option, terminate th~s agreement effective on the date of the lapse ~A00360 ~vltleO ~ 0712,'ea Cl ,2 FROM: CITV OF DENTON FAX HO : 181738373D2 10-14-96 83:14P P 04 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS= AIl Insurance polmms proposed or obtained rn Satisfaction of th~s Contract shelf additronally comply w~th the following marked spec~flc;~tions, and shall be maintained in compliance w~th these add~taonal specifications throughout the duration of the Contract, or longer, if so noted tX] A General Llab~l,ty Insurance General Liablhty insurance with combined single limits of not less than ~ shall De prow(/ed an(t maintained Dy the contractor The pohcy shell be written on an occurrence basis e.ther m a s~ngJe policy or ~n a combination of underlying and umbrella or excess policies. if the Commercial General Lmb~lltv form (ISO Form CG 0001 current edition) ts used · Coverage A shall include premises, operations, produGts, and completed operations, independent contractors, contractual hab~llty covering 1;h~s contract end broad form property damage coverage a Coverage B shall include personal ~njury. · Coverage C, medical payments, ia not required If the Comprehensive General Liablhty form (ISO Form GL 0002 Current Edition and ISO Form GL 040~,} ~s used, it shall ~nclude at least · Bodily injury and Property Damage L~ablhty for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground {XCU) exposures · Broad form contractual hab~l~ty Ipreferabiy by endorsement} covering thru contract, personal *njur¥ ltab~hty and broad form property damage hab~htv, ~ROH~ CIT~ OF DEHTOH F~ HO ~ 18173~37302 10-14-96 ~3~14P P 05 ~nsuranca I~.aqu~remen'~s Page ~. Automobile Liab~hW Insurance' Contractor shall provfde Commercial Automobile Llab~hty ~nsurance with Combined Single Limits [CSL) of not less than 600.000 e~ther in a single policy or tn a combination of basra and um0relJa or excess pohcms 'Fha pohcy wdl ~nclude boddy injury and property damage liab~hw arising out of the operation, maintenance and use of all automobdes and mobile equJpmant used ~n conjunction with this contract Satisfaction of the above requirement shall be tn the form of a pohc¥ endorsement for. · any auto, Or · all owned, hired and non-owned autos iX] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, ~n addition to meetln9 the minimum statutory requirements for issuance of such ~nsurance, has Employer's L~abdlty hmlts of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease The City need not be named as an "Additional Insured" but The ~nsurer shall agree to waive all nghts of subrogation against the C,ty, its officmls, agents, emploveas and volunteers for any work performed for the Ctty by the Named Insured For budding or consuuctlon projects, the Contractor shall comply with the provlmons of Attachment 1 in accordance w.th §406 096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC} [ ] Owner'. and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain st all times during the prosecution of the work under th~s contract, an Owner's and Contractor's Protective Liability insurance pohcy naming the City as ~nsured for property damege and bodily Injury which may anse in the prosecutfon of the work or contractor's operations under this contract. Coverage shall be on an AAAO03EO FROM: CITV OF DENTON FAX HO : 18173857302 10-14-96 83 14P P 06 Insurance Requirements Page 5 , "occurrence" basis, and the pohcy shall be ~ssued by the same insurance company that carries the contractor's Jfabrhty insurance. Pohcy bruits w~fl be at least comb/ned bodrly ~njury and property damage per occurrence wJttq a aggregate Fire Damage Legal Liability Insurance Coverage ~s required if Broad form General L~abd~ty ~s not provided or ~s unavailable To the contractor or if e contractor leases or rents a port,on of a Cny building Limits of not less than eacl~ occurrence are required Professional I. lablhty Insurance Professional liabd~W insurance with lira,ts not less than . per claim w~th respect to negligent acts, errors or omissions in connecT/on w~th professmnal services ~s required un0er this Agreement [ ] Builders' Risk Insurance Budders' Risk Insurance, on an Ali-Risk form for 100% of The completed value shall be provided. Such pohcy shall include ss "Named Insured" the City of Denton and all subcontractors as their interests may appear [ ] Addational Insurance Qther insurance may be required on an mdiv~dual baals for extra hazardous contracts and specific service agreements If such additional Insurance ~s required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specfflcaTions Insurance Requirements Page 6 ATTACHMENT 1 Worker's Compensation Coverage for Building or Construction Projects for Governmental Entitles A Deflations' Certificate of coverage ("certiflcate")-A copy of a certificate of msurance, a certificate of authority tO self-insure ~ssued by the comrnlss~on, or a coverage agreement [TWCC-81, TWCC-82, TWCC-83, or TWCC-84}, show~ng statutory workers' compensation Insurance coverage for the parson's or ent~ty's employees prowd~ng serwces on a project, for the duration of the project Duration of the project- includes the time from the begmnmg 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" tn §406.096) - Includes all 13arsons or entitles performing ali or part of the services tlqe contractor has undertaken to perform on the project, regardless of whether that person contracted directly w~th the oontractor and regardless of whether that person has employees Th~s mcludes, without limitation, mdependent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of uny such entity, or employees of any entity which furnishes persons to Drovide services on ~he project "Services" include, w~thout limitation, oroviding, hauling, or dehvenng equipment or rnatenals~ or prowding labor, transportation, or other service related to a project "Services" does not include actiwtles unrelated to the prelect, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets B. The contractor shall prey{de coverage, based on proper reporting of classification codes and payroll amounts and fllmg of any overage agreements, which meets the statutory requ.rernents of Texas Labor Coos, Section 401.011 (44) for all employees of the contractor providing serwces on the Prelect, for the duration of the protect Insurance Requirements Page 7 C. The Contractor must 13rovlde a certificate of coverage to the governmentaJ entity prior to being swarded the contract. If the coverage period shown on the contractor's current certificate of coverage ends duflng the duration of the project, the contrac[or must, prior to I:he end of the coverage per~od, file a new certificate of coverage w~th the governmental entity showing that coverage has been extended E. The contractor Shall obtain from each person prov~dlng services on a projec'~, and provide to the governmental entity {I) s 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 ali persons providing services on the project, and {2) no later than seven days after receipt bv the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duratton 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 .n writing by certified mall or personal dehvery, within 10 days after the contractor knew or should have known, of any change that mater~ally affects tl3e provision of coverage of any person providing serv.ces on the project H The contractor shall post on each project site a notice. ~n the text, form and manner prescnbed by the Texas Workers' Compensation Commisstor, informing ail persons providing serwces on the project that they are required to be coveted, and stating how a person may verify coverage and report lack of covetage. A~AO02*§O REVIBED 10112104 Cl - 7 FROM~ CITV OF ~ENTON FR~ NO ~ 1~173837302 10-14-96 03~15P P 09 Insurance Requirements Page 8 The contractor shaJl contractually reau~re each person with whom ~T contracts to provide serwces on a project, to' I1) provide coverage, based on proper reporting of classification codes and payrotl amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, 5ecTton 401 011 (44) for all of its employees providing services on the project, for the duration of the project, prowde to The contractor, prior tO that person begmmng work on the project, a certificate of coverage showing that coverage ~s being provided for ell employees of the person providing services on the Droject, for the duration of the project, (3) provide the contractor, prior To the end of the ooverage period, a new certificate of coverage showing extension of coverage, ,f the coverage perrod shown on the current certificate of coverage ends during the durabon of the project, obtain from each other person with whom it contracts, and prowda to the contractor fa) a certificate of coverage, prior to the other person begmmng work on the pro)eot, end a new certificate of coverage show~ng extension of coverage, prior to the end of the coverage per~od, ~f the coverage penod shown on the current certmflcate of coverage ends during the duration of the project, (B) retain all required certificates of coverage on file for The duration of the proiect and for one year Thereafter, notify the governmental entity in wnt]ng I~y certified mall or personal dahvery, w~thln 10 days after the person knew or should have known, of any change that matenally effects the provision of coverage of any person providing services on the project; and Insurance Reclu~rements Page 9 ~ contractually require each person w~th whom ~t contracts, to perform as re(~u~red by 13aragraphs (1) - {7), w~th the certificates of coverage to be provided [o the person for whom ttley are providing services J By s~gning th~s contract or providmg or causing to be provided a certificate of coverage, the contractor ~s representing to the governmentaJ entity that all employees of the contractor who w~ll prowde serwces on the project w~ll be covered by workers' compensation coverage for the duration of the project, that the coverage will be baaed on proper reporting of classification codes and 13ayroll amounts, end that all coverage agreements will be filed w~th the appropriate Insurance carrier od, in the case of a self-insured, w~th the commrssion'a O~waion of Self-Insurance Regulation. Providing false or m~sleadJng Information may subject the contractor tO administrative 13enalt~es, crlmma113enaltms, cirri penalties, or other civil actions K The contractor's failure to comply with any of these provisions ~s a breach of contract by the contractor which entities the governmental entity to declare the contract void ~f the contractor does not remedy the breach wi[bin ten days after recmpt of not,ce of breach from the governmental entrty PlKXX~ TI'IlS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RICINT8 UPON THE CER'TIFICATE HOLDER '11'11S CER'rlRCATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE RAMEY & KING INSURANCE POLICIES BELOW ~o & ma, I~Ee A COMPANIES AFFORDING COVERAGE co~F,~, ~3 T~nlty Unlve~al of KS C~.,.~.~'Y C Texa~ Wod~ Comp In~ Fund D B R Con~tnmtlon C~ bl~ c=.r.. Don RIr, hard~ P O Box ~2~ cow,~' D THIS 18 TO CERTIFY ~'IAT ~HE FOUCIE8 OF INSURANCE US'~EO BELOW HAVE BEEN ISSUED TO 'R'IE INSURED NAMED ABOVE r-OR ~-IE FOCICY PERIOO INDICA'IED, NO~/ITHaTANDING ANY REQUIREMENT, 1ERM OR CONDI'I1ON OF N~IY CONTRACT OR O~-IER DOCUMENT WI'I~ RF. SPECT TO WHICH '~-118 CERTIFICATE MAY BE 18SUED OR MAY PERTAIN THE INSURANCE AFFORDED BY ~.IE POLIClE~ DERCRIBED HEREIN 18 SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SU~CH POMCIE~ UMIT9 SHOWN MAY HAVE BEEN REDUCED BY PAJD CLNMS A ea~s~4. Lt~a.~Y Ot.8~29,~0 ~ 0E/06/97 ~ .~ER;eX~ $ 10000~0 B /~mdOea,E~,y ~U'~aLnY TCA841S'/99 04/17/9~ 04/17/97 UMrTCOkmiKqED SINGLE $ IOOBECO C N~ 8BP100741~ 02/97/~ 02/07/97 ~ ,~IOEh'T $ ~00~0 CITY OF DENTON, rTE OFFICIAl. B, AGENTS, EMPLOYEES & VOLUNTEERS ARE SHOWN AS ADDmONAL INSURED UNDER THE GENERAL LIABILITY & AUTO LIABILITY WORKERS' COMPENSATION POUCY COVERS EXECUTIVE OFFICERS ONLY SUBS SHOULD PROVIDE DENTON TX 7S~)1 O IN^NCENO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE OR- DER TO THE INTAK~ STRUCTUR~ DREDGING PROJECT, BID NO 1936, AUTHORIZ- ING FINAL PAYMENT TO THE CONTRACTOR AND THE RELEASE OF CLAIMS OF ALL PARTIES, AND PROVIDING AN EFFECTIVE DATE WHEREAS, there has been a dispute between the Contractor, Hydro Pump & Equip- ment, Ine, and the C~ty regarding the final completion of the Intake Structure Dredging Project, Bid No 1936, to uncover a lower intake valve at Lew~swlle Lake, and WHEREAS, the part~es have agreed to settle the matter by the execution of a final de- ductive Change Order, which would reduce the Contract amount by $33,770 00 and provide for a final payment of $20,000 00 to the Contractor, and WHEREAS, the Contractor and Surety have executed the Change Order, releasing all claims against the City, and the Contractor has executed an Affidavit and Final Release, affirm- mg that all final bills have been pa~d, and WHEREAS, the City deems ~t m the pubhc mterest to authorize the C~ty Manager to exe- cute the attached Change Order to Intake Structure Dredging Project, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SET_~ That the C~ty Manager ~s hereby authorized to execute the Change Order to Intake Structure Dredging Project on B~d No 1936 w~th the Contractor, Hydro Pump & Equip- ment, Inc, and the Surety, Amwest Surety Insurance Company, B~d No 1936, m substantially the form of the attached Change Order, whmh is made a part of th~s ordinance as if written word for word hereto S T_S~ That the C~ty Manager ~s hereby authorized to make the final payment to the Contractor m the an~ount set forth m the Change Order S T_S~ That this ordinance shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED this the day of. . _ , 1998 ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY Page 2 CHANGE ORDER TO INTAKE STRUCTURE DREDGING PROJECT CHANGE ORDER NO One OWNER Ctty of Denton, Texas CONTRACTOR Hydro Pump & Eqmpment, Inc SURETY Amwest Surety Insurance Company BID NO 1936 CONTRACT DATE September 17, 1996 WHEREAS, Owner and Contractor executed an Agreement dated September 17, 1996, relating to B~d No 1936 ~n the amount of $80,495 00, which secured performance by Surety's Bond No 1287270, and WHEREAS, the Agreement provided that Contractor was to dredge 2,000 cubic yards of material from water ~ntake structure and channel and deposit m lake disposal area, and WHEREAS, a d~spute has arisen relating to whether or not the terms of the Agreement have been met, and Owner, Contractor, and Surety desire to settle the d~spute subject to the pro- WSlOnS set forth here~n, NOW, THEREFORE, OWNER, CONTRACTOR, AND SURETY (Part~es) agree as follows 1 The Part,es agree to make the following changes m th~s Contract L~qmdated Damages Credit $33,770 Total Amount ofth~s Change Order Credit $33,770 The Original Contract Sum was $80,495 Net Change by Previously Authorized Change Orders 0 The Contract Sum Prior to th~s Change Order was 80,495 The Contract Sum Decreased by th~s Change Order (33,770) The New Contract Sum Including th~s Change Order will be 46,725 Amount of Previous Payments Made to Contractor under Contract (26,725) Final Payment Due Contractor Under th~s Change Order $20,000 2 Upon the execution of th~s Change Order by the duly authorized representatives of the Par- t~es, Owner agrees to rennt a cheek to the Contractor, Hydro Pump & Eqmpment, Inc, m the amount of $20,000 00, m full satisfaction of Owner's respons~blht~es under the Agreement By ~ts s~gnature hereon, the Surety fully consents to th~s payment to Contractor 3 That the approximately 1,536 cubic yards of material which has been removed from the lake ~s found to be satisfactory completion of the ~ntake structure dredging project, and Owner waives any claims at may have to additional hqmdated damages 4 That the warranty and guaranty provisions of the NCTCOG Standard Specifications for Pub- hc Works Construction, which were incorporated into B~d No 1936, were honored by Con- tractor and Surety for a period of one year from December 10, 1996, whmh is the agreed upon date of final completion 5 Contractor and Surety release any and all claims, hens, rights, judgments, demands, or inter- ests they may have now or m the future against Owner for breach of contract or any other le- gal or equitable remedy, including, but not hm~ted to, fmlure to receive adequate compensa- tmn for work performed and all mechamc's and matenalman's hens under the Constitution and laws of the State of Texas growing out of Intake Structure Dredging ProJect Bid No 1936 and th~s Contract Owner releases Contractor and Surety frmn and agmnst any and all clmms, demands, judgments, or causes of actions that ~t may have now or m the future m connection with the Intake Structure Dredging ProJect B~d No 1936, Performance Bond No 1287270 6 All services performed under this Agreement are warranted to be m accordance with the contract documents, including, without limitation, the plans and specifications Contractor and Surety guarantee, ~n accordance w~th their respective obhgat~ons, that this work will be free from defects In materials and workmanship for a period of one year from the job com- pletion date of December 10, 1996 7 That, prior to Owner's remitting of $20,000 00 to Contractor, Contractor shall provide an af- fidamt that payrolls, bills for materials and equipment, and other indebtedness connected with the work have been paid or otherwme satisfied 8 This Change Order shall extend to and brad the Parties and their successors and assigns 9 To the extent that this Change Order conflicts with terms and provisions of the Agreement between Contractor and Owner, the terms and prowstons of this Change Order prevail 10 The unenforceabllity of any promsion of this Change Order shall not affect the vahdlty or enforceabd~ty of any other provision hereof 11 Th~s Change Order Is not vahd untd s~gned by all the Parties By execution hereof, the part,es represent that the persons executing this Change Order are fully authorized to bind the respective parties to all the terms and conditions of this Change Order CITY OF DENTON (Owner) Approved as to Form By ,.~ ~ ~ By Ted Benamdes, City Manager Herbert L Prouty, C~t~ttomey Date signed by Owner ~//6t/~' Page 2 HYDRO PUMP & EQUIPMENT, INC (Contractor) Corporate Seeretary/W~tness By ON~ (~ L~*~-~,~tJ ~' -~~'~~'~ L°ms Y~l~ch,~resldent By ~ Date s~gned by Con,actor ~,/~ ~ ~ST S~TY ~S~NCE CO (Surety) Co.orate Secreta~/W~tness Date s,~ed by Surety q ~ ~]F Page 3 CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE STATE OF TEXAS § COUNTY OF. ~+(,~.~,a § BEFORE ME, the undersigned authority, on this day personally appeared L J Yehch, known to me to be a credible person and Premdent of Hydro Pump & Eqmpment, Inc, (hereunder called "Contractor") and who, being duly sworn, upon h~s oath declares and acknowledges as follows 1 I am the duly authorized agent for the said Contractor, which has authorized me to make this affidawt, to enter ~nto the agreements, and to grant the hen wmvers herein set forth, on its behalf and as its acts and deeds, and all of the facts and recltatmns hereto are true and correct 2 Pursuant to a Contract Agreement dated September 17, 1996, between the C~ty of Denton (the "Owner") and Hydro Pump & Eqmpment, Inc, Contractor has supphed materials and/or performed labor m connechon w~th the construction of ~mprovements on the constructmn project known as Intake Structure Dredging Project, B~d No 1936, upon certmn property owned by the C~ty of Denton, Texas and located m Denton County 3 Contractor has requested final payment ~n the amount of twenty thousand dollars ($20,000 00), which constitutes payment m full for any and all matermls supphed and/or labor performed ~n connection with satd Contract 4 In cons~deratton of these premises and the receipt of final payment by Contractor from Owner, the sufficiency of whmh is hereby acknowledged, Contractor hereby waives and releases any and all hens, rights, and ~nterests (whether choate or ~nchoate and ~ncludmg, wtthout hmltat~on, all mechamc's and matenalman's hens under the Constitution and statutes of the State of Texas) owned, cla~med, or held by Contractor m and to the property and ~mprovements, whether now or hereafter thereon, whether real or personal property, and whether or not affixed or severable from the property or from any other portion of the ~mprovements 5 Contractor has actual knowledge that all bills owed by Contractor to others for materials supphed or labor performed ~n connectton with the improvements have been fully paid and satisfied Contractor does further warrant that should any clmm or hen be filed for material supphed or labor performed by wrtue of Contractor's parhmpatlon in the construction of smd ~mprovements, Contractor wall ~mmedtately furnish a bond, pursuant to Tex Prop Code §§53 171-53 174, for release of such hen, and obtmn settlement of any such hens and furmsh the Owner written full release of such hens Should Contractor be unable to obtain such release, Contractor agrees to save, ~ndemmfy, protect, and hold harmless Owner, Its officers, d~rectors, shareholders, agents, successors, and assigns agmnst any habthty for costs and expenses 0ncludmg attomey's fees) growing out of or anstng from or suffered by Owner on account of elmms made for ~tems hereto represented as being prod and discharged and on whmh demand may hereinafter be made against Owner, Its officers, directors, shareholders, agents, successors, and assigns EXECUTEDthts 7~ dayof CCta.4~ ,1998 HYDRO PUMP & EQUIPMENT, iNC SUBSCRIBED AND SWORN TO before me by the smd L J Yehch this ?" day of /-4~n~ ,1998 to certify which w~tness my and hand seal of office Notary Pubhc m and for the State of Texas Page 2