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1993-181ORDINANCE NO 93-4F 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 com- petitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances, and WHEREAS, the City Manager or a designated employee has receiv- ed and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or im- provempnts described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the con- struction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as be- ing the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 1521 STEELE-FREEMAN INC $2,347,000 00 1535 SOUTHWEST INDUSTRIAL CONST $ 395,800 00 1541 CIRCLE °C° CONSTRUCTION INC $ 283,757 50 1542 OSCAR RENDA CONTACTING INC $ 577,145 00 ggCTION_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 herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, 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 public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Propos- als, and documents relating thereto specifying the terms, condi- tions, plans and specifications, standards, quantities and speci- fied sums contained therein SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council here- by authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective im- mediately upon its passage and approva PASSED AND APPROVED this the -)I__ day of (h1993 ATTEST JENNIFER WALTERS, CITY SECRETARY DEBRA A AS TO LEGAL FORM DRAYOVITCH, CITY ATTORNEY BY UI X c-~ CASTLEBERRY, DATE OCTOBERS, 1993 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID # 1521 - RENOVATIONS OF DENTON MUNICIPAL CENTER RECOMII~ENDATION We recommend this bid be awarded to the lowest bidder, Steele- Freeman Inc for the base bid of $2,280,000 00 plus alternate 1-6 in the amount of $67,000 00 for a total bid award of $2,347,000 00 SUMMARY This bid is for the Phase I Renovations to Denton Municipal Center (DMC) The project involves the relocation of Information Services, Human Resources, Police, Court Clerks and Municipal Judge This project has been presented to Council on several occasions and was the subject of a work session on September 14, 1993 Staff members will be present to discuss any additional questions from Council BACKGROUND Tabulation Sheet, Phase I Construction and Moving Budget Citizens of Denton, Human and Municipal Judge FISCAL IMPACT Revenues for this projects will come from 1986 Bonds, 1993 Certificates of Obligation and Utility Funds Transfers Reap etf 1 subccnt Lloyd V Harr City Manager A proved Name Z om D Shaw, C P M Title Purchasing Agent agenda 429 r r ' o zzsz M O . 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N m v h ~o r w ao~ DRAFT CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON TEXAS 76201 i TELEPHONE (817) 566 8200 MEMORANDUM TO Mayor and City Council Members FROM Bruce Henington, Facilities Manager DATE September 8, 1993 SUBJECT Phase I Renovations of Denton Municipal Complex, City Hall and City Hall West On October 5, 1993, Tom Shaw will present the Denton Municipal Complex construction contract to City Council for your approval To ensure that everyone has a complete understanding of the project, I will present the entire renovation budget and its financing in detail during the work session on September 14, 1993 Tom Shaw will be present to discuss the bids and the selection process John McGrane will be present to discuss the sale of Certificates of Obligation Attachment A, The Phase I Construction and Moving, shows the proposed costs and revenues needed to complete renovation and moving cost for all of Phase I (Phase I was expanded to include the City Hall, City Hall West and Denton Municipal Complex ) The revenues are monies from the 1986 Bonds, the 1993 Certificates of Obligation and Utility Fund transfers All of the figures in this document have been confirmed by the Finance Department The Denton Municipal Complex Budget, Attachment B, shows the project cost of lust the DMC construction with identified cost savings features These savings allows us to purchase needed police lockers, a evidence file system and to increase the construction contingency fund The remaining funds will be placed in the Space Project Contingency fund The construction bids received for the Denton Municipal Complex were excellent The three lowest bids are shown on Attachment C page 1 A complete list of bidders is also attached for your reference Attachment C pages 2 and 3 Each bid was broken down into a base bid and seven alternates Attachment D, City Hall Budget, is the proposed budget for City Hall renovations We will begin the final drawings for City Hall when we get construction of DMC underway Then we will present the drawings to City Council for your input and approval Page 2 September 7, 1993 Phase I Renovations The City Hall West Budget, Attachment E, has been placed on hold until we can fund the operations cost in 1993-94 fiscal year budget The Project Contingency Fund, Attachment F, is designated to be held for future funding of unexpected cost for all Phase I renovation projects If you have questions regarding these budgets please contact me at 566-8127 Aw~' 49a, BBrucie Henington, F` lltles Manager 1593 FM AGENDA PHASE I RENOVATIONS OF DENTON MUNICIPAL COMPLEX, CITY HALL AND CITY HALL WEST SEPTEMBER 14, 1993 ATTACHMENT A PHASE I CONSTRUCTION AND MOVING BUDGET ATTACHMENT B DENTON MUNICIPAL COMPLEX BUDGET ATTACHMENT C DENTON MUNICIPAL COMPLEX - Page 1 RENOVATION BID/ALTERNATES #1521 - Pages 2 & 3 ATTACHMENT D CITY HALL BUDGET ATTACHMENT E CITY HALL WEST BUDGET ATTACHMENT F PHASE I PROJECT CONTINGENCY FUND 09/08/93 1577 FM ATTACHMENT A PHASE I CONSTRUCTION AND MOVING BUDGET September 8 1993 Items Proposed Cost Revenue Cumulative Total Bond Revenues $2 400 000 $2 400 000 Sale of CO s (October 1993) 1 055 000 3 455 000 Utility Transfer For 64 600 3 519 600 Telephone System Utilities Transfer For IS 70 333 3 589 933 Construction 40 89k [DMG] Utility Transfer For HR 38 908 3 628 841 Construction 34 1296 [DMG] Utility Transfer For IS 55 610 3 684 451 Computer Move 40 89% [DMG] Utility Transfer for HR 1 092 3 685 543 Equipment Move 34 1296 (DMG] Utility Transfer for City Hall 0 3 685 543 West Project Utility Transfer for City Hall 63 602 3 749 145 Project Asbestos Removal (FM) 100 000) 3 649 145 Architect Fees ( 59 000) 3 590 145 LECC Construction Only ( 2 129 000) 1 461 145 Telephone System (IS) ( 150 000) 1 311 145 Move LECC Equipment and ( 6 200) 1 304 945 Furniture (HR) IS Construction Only ( 172 000) 1 132 945 - HR Construction On ( 114 000) 1 018 945 IS Computer Room Move (IS) ( 136 000) 882 945 & IS Equipment and ( 3 200) 879 745 Furniture l West ( 209 000) 670 745 tion and Move l L ( 203 000) 467 745 tion and Move s for Buildings ( 105 000) 362 745 e/Equipment- ( 362 745) 0 e I Fdcillties Phase Note Rxpanded Phase I includes the following building s DMC (I9/HR/Police/Court Clerks/Judge) City Hall City Hall West DMG Percentages from David M Griffith study confirmed by Finance Department 1524a FM ATTACHMENT B DENTON MUNICIPAL COMPLEX BUDGET DMC CONSTRUCTION BUDGET • • • Low Base Bid/Alternates 1 - 6 Cost Savings due to Low Bid Cost Savings from Control System $ 2,415,000 (2,347,000) 68,000 15,149 Cost Savings - Asbestos Removal 29,230 TOTAL COST SAVINGS $ PROJECT ADDITIONS • Police Lockers • Police Evidence File System Hardware • Increase DMC Contingency Fund • Create Phase I Project Contingency Fund BALANCE DMC CONSTRUCTION BUDGET 112,379 (8,000) (17,000) (25,000) (62379) $ 0 09/08/93 1577 FM U F H 4 oa HH M H ~ 0 ri 14 N E-4 "Wu1V] 0W UMoo a H H •H'M~H U H ~ H Q lora x x a O c Q ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z m O a N H W ~ N N a O o O 0 O 0 O 0 0 0 O 0 O 0 0 0 0 0 0 0 0 (n O r Ln r-I m N 0 0 co O N N U ` N 0 0 0 0 0 0 0 W O O O O O O O O O O O O C) O z co N ,o rn ~ W W H N CO GM N 0 x H 0 0 W c~ ~ ~ a x O H 04 w H 0 v~ H W W cq O Px W H FC P 0 Cl) + H t3: 124 U 04 U) W ri N m a~ Ln ~ Ga W W W W W W Q rzF:4~ I~i ~ P !r~~yi E-4 4 ~ F, FCC W E-i rzg W w W w r 4# a) ro N a.~ ro N u r,Q 64 a) Q) N 4-4 ro ~o 3 w O r-I W 1 41 ~ rt a, 4JJ ri Q) ul M0 a, ro OA (Z o 4-3 N N ri rl ri ri m p N °o a N o > U (1) v FF W O z M \ W W o co \ r cH Lr) o ~ T... W 0 a a U F - z LLI U Q p O O O O a O ~~0~ h ~ Lr W '1,~ j 'Gj~ O N Y1 H M HI 00 H 00 H 00 H O H l~ iv1 00 ~C i HHM~ ~pA Y'T' h . I I i I O r, x c , ~ I I ~ 1 8'~ S S 0 o y ~ ~ ~ 8 l M N N zp ~ U ~ N~ y N H I O N N 8 8 S 8 S 8 8 1~ 1 8 } o ~ a o $ y~ 2 6 i M S ~ N~ ~ p 8 8 8ip ~ v I ~ a Z 3 4 O ~ .N; ~o ~o H a H O~ pp H o y ~O O NIN ~n iQ v~ O ^it~1 ~ P ~ IP A M 8 u I N N a 8 8. 8 8 8 8 8 8 y LLI ~ GC° fV H N H H H H ~1 H N H LLIIW ~A S2 ~ = a 8 8; 8 8 8 8 8 IS 18 8 y z O z N N h O N H v1 N H ~O H H Vt H Q~ ~ M .r iN H iM i'? W W Y' A a nU H N N z i y ~ ~ 0 0 I NO 0 ~ W 4' !O O Z . O~ A CQ z w.. O W V A Z CA N Q N " y 3 M W x 8 w OQ coz w oC it m e m w AW m Q aA H F F o A I W A I r, z A~ "A - 0-Nw7 CL U z Q a 0 0 z O O 4 9 4 9 + r- U rY ~i O 8 O' O ~~Vi O~ O y v'~~ v l Oi v MI O~i v 0~0~ O D vNii O~ v v v ppOp O t V~ p G/~OO^, i ~ y .z ~ CTS M er~ Vi M MiQ ~ ' WI WIIN Qa Z Q a 7 Hi H H i ! H u I N ~ i 8 8 8 8 8 8 8 888'8 a~ $ 8 8 81 8 $ 8~811~ ~ ~ H a Q ~ n O"I < ~o n r ~o < IM iMi o. 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SAq I I . ~I w Q A a z z a ~A A a in m 1 ia ► N M ! of ~G n m a 0 M W a U Z W Q Q ATTACHMENT D CITY HALL BUDGET TOTAL FUNDS AVAILABLE FOR CITY HALL $ 307,418 • 92' C O Building Renovation Funds * (83,452) • Proposed Construction Budget (200,000) • Proposed Moving Cost (31000) • Furniture/Equipment (20,966) TOTAL FUNDS REMAINING 0 * These funds include monies from temporarily deferred maintenance projects as well as savings incurred from good bids on other specific maintenance projects Estimated to be bid in March 1995 These funds are for move associated with the City Hall building These funds are scheduled for conference room furniture and furniture to accommodate City Council 09/08/93 1577 FM ATTACHMENT E CITY HALL WEST BUDGET TOTAL FUNDS AVAILABLE FOR CITY HALL WEST • Proposed Construction Budget * • Proposed Moving Cost • Furniture/Equipment TOTAL FUNDS REMAINING * To be bid in August 1994 These funds are for moving Planning and Engineering from City Hall to City Hall West These funds are scheduled for necessary furniture for new space in Planning and Engineering operations $ 222,600 (200,000) (91000) (13,600) 0 09/08/93 1577 FM ATTACHMENT F PHASE I PROJECT CONTINGENCY FUND • PHASE I PROJECT CONTINGENCY FUND • DMC Budget Surplus • City Hall Budget Surplus • City Hall West Budget Surplus TOTAL FUNDS a 62,379 62,379 0 0 $62,379 09/08/93 1577 FM DATE OCTOBER 5, 1993 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID # 1535 - RESTROOM/CONCESSION BUILDING AND GROUP PICNIC PAVILION RECOMMENDATION Council approve award of Bid #1535 to the low bidder, Southwest Industrial Construction of Denton, Texas, in the amount of $395,800 00 SUMMARY This project includes construction of two major buildings at North Lakes Park A large restroom, concession stand and sun shelter will be located at the softball complex The other construction will involve a large group picnic pavilion at the picnic area for large company picnics, family reunions, and special events Concrete aprons and walkways from the softball complex parking areas are part of this bid BACKGROUND Tabulation Sheet Parks and Recreation and trons FISCAL IMPACT Account Number #465-038-0063-0001-9009 espectfu' y ubm tte loyd Harre City Manager Prepared By Name Melanie Harden Title Buyer Approved Name Tom D Shaw,C P M Title Purchasing Agent agenda 425 W 3JN o ° 8 S 8 w w m z =ZU Y N ca 8 8 $ ZLLO S 3 0 LU r r Y WV~ Q0 ~ r Z N Z W = ~ a W N Q Z W w ~ r ix heg 9 1 1 5 = J H Q -+Na ZMy O O ~ Q C Z 0 m W W Q k Z W 0 M o a m r N m DATE OCTOBER 5, 1993 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID # 1541 - COOPER CREEK 15" SANITARY SEWER RECOMMENDATION We recommend this bid be awarded to the low bidder, Circle "C" Construction, Inc , in the total amount of $283,757 50 SUMMARY This bid is for all materials and labor in constructing a 15" Sanitary Sewer line, approximately 3300 feet, in the Cooper Creek basin adjacent to Churchill Street Nine bid proposals were received in responses to thirty-three invitations to bid mailed to contractors BACKGROUND Tabulation Sheet, PUB Meeting Backup - September 13, 1990 FISCAL IMPACT Capital Improvements Projects Bond funds Account Number #674- 082-RB93-V006-9138 the fund balance is $904,516 68 spect ully s lbtcntt r Lloyd V Harrell City Manager Prepared By Name Demse Harpool Title Senior Buyer Approved ~i Name tom D Shaw,C P M Title Purchasing Agent agenda 425 z s 0 ° ° z r >0N vp O r qOU ' z N N JN Z LO ~0 UU 0 tC O ° Wz n ()u D O t ~ w T OZ4 GG VNy' W W Q ~ O ' z Z I p O a m m S wU m °o a 00 M na W ? co r~ =y ~ M M 0 U g 0 >V ~ ° N w (n $ O ° a~0 U Z ` ° m m m Mw M W I- O O 0 N o OZU ~U • M m Y w 111 K p w m UMm U y LLI t:Lu y W m gQa NN p U W Q I I F p Vk Z z p p a September 27, 1993 TO FROM DATE SUBJECT CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD R E Nelson, P E , Executive Director of Utilities September 13, 1993 CONSIDER SID OPENING 1541 FOR CAPITAL PROJECT - COOPER CREEK SANITARY SEWER RECOMMENDATION The Utility Staff and the Engineering & Transportation Department, recommend award of the contract to Circle "C" Construction, Inc , for the amount of $283,757 50 for the construction of the Cooper Creek Sanitary Sewer Line SUMMARY The Cooper Creek Sanitary Sewer Line consist of 2,970 ft of 15" sanitary sewer and 245 ft of 27" sanitary sewer Bids were opened on September 2, 1993 with a total participation of nine (9) bidders Circle "C" Construction, Inc , of Fort Worth, TX was the lowest qualified bidder for the amount of $283,757 50 The bid is approximately $28,757 50 over the project budget and $38,342 50 under the engineers estimate Asphalt patching will be performed by the contractor BACKGROUND The proposed 15" sewer line replaces an existing 1211 concrete sewer line The concrete line has been corroded by sewer gas and has collapsed in several locations The flow from the 12" concrete line is temporarily diverted into the parallel line but is causing backups and surcharging The proposed line is designed to handle future growth in the area The contract also includes some manhole work to the existing parallel 15" sewer which will eliminate some known infiltration and inflow problems Page 2 Bid Opeping 1541 Cooper Creek Sanitary Sewer Line AGENCIEg AFFECTED The Citizens of Denton, Denton Municipal Utilities, and Circle "CIO Construction, Inc FISCAL IMPACT A total of $270,000 is budgeted for construction $180,000 of the budget is bond funded and $90,000 is budgeted out of FY94 revenue The budget overage is proposed to be funded out of the bond account by postponing a sewer line project by one year The project is located in the Cooper Creek basin and has a budgeted amount of $230,000 See Exhibit V (Fund Analysis) for more details Page 3 Bid Opening 1541 Cooper Creek Sanitary Sewer Line Respectfully Submitted R E Nelson, Executive Director of Utilities Prepared by Gerald P Cosgrove, P E Engineering Administrator Approved by Lee K Allison, Director, water Engineering & Operations Exhibits I Location Map II Project Considerations III Bid Summary IV Letter of Recommendation V Fund Analysis VI CIP Detail Sheets VII CIP Detail Sheet of Postponed Project SHERA- %C~ OA\ Pi a 9~` PSL TON PL s J J W KINGS R0 : LAGUNA STRATFOR SIERRA ~~Q a zz DOVER z C3 Lo z Q J J W U.s oR /4 BRIGHTWOO 2v O EXHIBIT I 3 ~j ~i 1993 REPLACEMENT 15"&21" LINES (COOPER CREEK) DRAWN BY DANIEL BROWN CIP# 93-0471-DOB DATE 12-08-92 SCALE 1"=800' PROJECT CONSIDERATION COOPER CREEK SANITARY SEWER • Project is $ 28,757 50 over the project budget • The Chisholm Trail sewer line is recommended to be delayed one year, so that there is no impact on rates • The project replaces an existing 12" concrete sewer line which is collapsed in several locations • The project will correct many known infiltration and inflow sources in the area • The project is designed to provide future capacity to the area 1GG083 WP EXHIBIT 11 COOPER CREEK SANITARY SEWER BID TABULATION OSCAR RANDA DICKERSON [COOPER CREEK SEWER PUBLIC CONSTRUCTION DESCRIPTION QTY UNIT UNIT TOTAL PRICE PRICE UNIT TOTAL PRICE I PRICE 27' Sanitary Sewer 245 LF $8300 $20 335 00 $6000 $14 700 00 15 SANITARY SEWER 2 970 LF $61 00 $181 170 00 $3750 $111 375 00 1 6' SANITARY SEWER 23 LF $32 00 $73600 $6000 $1 150 00 24 BORE & CASING 106 LF $250 00 1 $26 500 00 $20000 $21 200 00 61 FLEX BASE 216 BY $6001 $1,07500 $800 $1,720 00 SEWER SERVICE 1 EA $30000 $30000 $50000 $50000 400 LB MH RtNG & COVER 2 EA $30000 $60000 $60000 $1 000 00 REBUILD 5 MANHOLE 2 EA $60000 $1 200 00 $3 000 00 $6 000 00 5 CONC MANHOLE 5 EA $1.50000 $7,50000 $4,70000 $23,500001 6 CONC MANHOLE 4 EA $1 800 00 $7 200 00 $6 000 00 $24 000 001 ABANDON MANHOLE 4 EA $2 000 00 $8 000 00 $5 200 00 $20,800001 REMOVE SANITARY SEWER 3 EA $50000 $1 500 00 $1 000 00 $3 000 00 REMOVE CURB & GUTTER 386 LF $500 $1 940 00 $4000 $15 520 00 CONC CURB & GUTTER 10 LF $500 $5000 $2000 $20000 CONC CURB & GUTTER 10 LF $3000 $30000 $2000 $20000 CONC SAW CUT 25 LF $1 00 $2500 $500 $12500 4' CONC RIP RAP 20 BY $3600 $70000 $3000 $60000 CONC BLOCK ERROSION SYS 90 BY $3000 $2 700 00 $4000 $3 600 00 ASPHALT PATCH TYPE "D' 3 TON $400 00 $30000 $8000 $24000 CONC ENCASEMENT 82 CY $7000 $5 740 00 $10000 $8 200 00 HYDROMULCH 6 250 BY $030 $1 875 00 $200 $12 500 00 ROCK EXCAVATION 1 594 CY $300 $4 782 00 00 $3000 $100 $47 820 00 $2 907 00 EXCAVATION PROTECTION 2 907 LF $100 $2 907 WARRENTIES 1 LS $1 000 00 $1 000 00 00 $16 900 00 $8 000 00 $16 900 001 $8 000 001 PREP OF ROW 1 LS $2 000 00 $2 000 BARRICADES 1 LS $3 000 00 $3 000 00 $1 000 00 $1 000 001 PROJECT SIGN 2 EA $600 00 $1 000 00 $26000 $600 00 COAT EXISTING MH 2 EA $90000 $1 800 00 $2 000 00 $4 000 00 $3 700 001 TEMP ERROSION CONTROL 1 LS $2,00000 $2 000 00 $3 700 00 TOTAL 288 235 00 1 $354,951 00 COST PER FOOT ses uz y1Va04 EXHIBIT CIRCLE C LARRY JACKSON COOPER CREEK SEWER CONSTRUCTION CONSTRUCTION UNIT TOTAL UNIT TOTAL DESCRIPTION I QTY UNIT PRICE PRICES PRICE PRICE 27 Sanitary Sewer 245 LF $72 00$17640001 -$58 00 $14 210 00 15 SANITARY SEWER 2 970 LF $48 00 $142 560 00 $4300 $127710001 S" SANITARY SEWER 23 LF I $46001 $1068 00 $3400 $782 00 1 24 BORE & CASING 106 LF $175 00 I $18 550 001 $22500 $23 850 001 S" FLEX BASE 215 BY $4 00 1 $86000 I $1000 $2,160001 SEWER SERVICE i EA $500001 $500 00 1 $1 000 00 $1 000 00 1 400 LB MH RING & COVER 2 EA $250001 $500 00 1 $30000 $600 00 REBUILD 5 MANHOLE 2 EA $3 000 00 $6 000 00 $4 000 00 $8 000 00 5 CONC MANHOLE 5 EA $3,000 OQ $15,000 00 $3 500 00 $17 500 001 6 CONC MANHOLE 4 EA $3 750 00 $15 000 001 $5 000 00 $20 000 001 ABANDON MANHOLE 4 EA $3 000 00 $12 000 00 $3 000 00 $12 000 001 REMOVE SANITARY SEWER 3 EA $50000 $1 500 00 $1 000 00 $3 000 00 REMOVE CURB & GUTTER 388 LF $1500 $5 820 00 $3500 $13,580 00 CONC CURB & GUTTER 10 LF $500 $5000 $1000 $100 00 CONC CURB & GUTTER 10 LF $1500 $15000 $2000 $200 00 CONC SAW CUT 25 LF $250 $6250 $500 $125 00 4' CONC PJF RAP 20 BY $2500 $50000 $5000 $1 000 00 CONC BLOCK ERROSION SYS 90 SY $6000 $5 400 00 $10000 $9 000 00 ASPHALT PATCH TYPED" 3 TON $10000 $30000 $12000 $360 00 CONC ENCASEMENT 82 CY $12000 $9 840 00 $12000 $9 840 00 HYDROMULCH 6,250 SY $160 $9375001 $200 $12 500 00 ROCK EXCAVATION 1 594 CY $250 $3 985 001 $1000 $15 940 00 EXCAVATION PROTECTION 2 907 LF $100 $2 907 00 $200 $5 814 00 WARRENTIES 1 LS $7 200 00 $7 200 00 $7 500 00 $7 500 001 PREP OF ROW 1 LS $1,00000 $1 000 00 $260000 $2500 00 1 BARRICADES 1 LS $1 000 00 $1 000 001 $2 500 00 $2 500 001 PROJECT SIGN 2 EA $50000 $1 000 00 1 $30000 $600001 COAT EXISTING MH 2 EA $1 500 00 $3 000 001 $1 500 00 $300000, TEMP ERROSION CONTROL 1 LS $1 000 00 $1,0 00 00 $5,00000. $5 000 00 TOTAL $283,757 50 320 361 001 COST PER FOOT $8763 S96 94 COOPER CREEK SEWER E L DALTON RHODE CONSTRUCTION CONSTRUCTION UNIT l TOTAL I UNIT TOTAL DESCRIPTION QTY UNIT i PRICE PRICE PRICE PRICE 27' Sanitary Sewer 245 LF $6500 $15 925 00 $96 44 $24 117 80 15' SANITARY SEWER 2 970 LF $3600 $106 920 00 $7618 $226 254 60 W SANITARY SEINER 23 LF $7800 $1 794 00 $4632 ~ $1 065 36 24 BORE & CASING 106 LF $37500 $39 750 00 $14413 $15 277 781 S' FLEX BASE 215 BY $2000 $4,30000 $1544 $3,319 60 SEWER SERVICE 1 EA $1 465 00 $1 465 00 $1 853 14 $1 853 14 400 LB MH RING & COVER 2 EA $14000 $28000 $61476 $11,02962 REBUILD 5 MANHOLE 2 EA $8 125 00 $16 250 00 $2 573 18 $5 146 36 6 CONC MANHOLE 5 EA $5,30000 $26,50000 $3,60334 $18,018 70 6 CONC MANHOLE 4 EA $7 500 00 $30 000 00 $4 324 01 $17 296 04 ABANDON MANHOLE 4 EA $5,60000 $23,20000 $5,147 63 I $20 590 52 REMOVE SANITARY SEWER 3 EA $1 200 00 $3 600 00 $1 253 43 $3 760 29 REMOVE CURB 4 GUTTER 388 LF $1300 $5,04400 $1029 $3 992 52 CONC CURB & GUTTER 10 LF $600 $6000 $206 $2060 CONC CURB & GUTTER 10 LF $1000 $10000 $2265 $22650 CONC SAW CUT 25 LF $1 60 $4000 $1 54 $3850 4' CONC RIP RAP 20 Sy $3600 $70000 $3603 $72060 CONC BLOCK ERROSION SYS 90 BY $12900 $11 610 00 $2573 $2 315 70 ASPHALT PATCH TYPE "D' 3 TON $6000 $18000 $6691 $200 73 CONC ENCASEMENT 82 CY $5500 $4 510 00 $11324 $9 285 68 HYDROMULCH 6 250 SY $080 $5 000 00 $073 $4 562 50 ROCK EXCAVATION 1 594 CY $250 $3 985 00 $1028 $16 386 32 EXCAVATION PROTECTION 2 907 LF $200 $5 814 00 $309 $8 982 63 WARRENTIES 1 LS $6 573 00 $6 573 00 $7 923 38 $7 923 38 PREP OF ROW 1 LS $7 500 00 $7 500 00 $3,67500 1 $3 675 00 BARRICADES 1 LS $2 850 00 $2 850 00 $2 465 40 1 $2 465 40 PROJECT SIGN 2 EA $50000 $1 000 00 $84000 1 $1 680 00 COAT EXISTING MH 2 EA $1 600 00 $3 200 00 $84000 $1 680 00 TEMP ERROSION CONTROL 1 LS $1,22500 $1 225 00 $1 871 10 $1,871 10 TOTAL $329,37500 403 487 1 COST PER FOOT $101 72 $114 WO JAGOE PUBLIC PATE BROS COOPER CREEK SEWER CONSTRUCTION CONSTRUCTION UNIT TOTAL UNIT TOTAL DESCRIPTION QTY UNIT PRICE PRICE PRICE PRICE _ 27' Sanitary Sewer 245 LF $90 00 1 $22050 00 $107 15 $26251 75 15 SANITARY SEWER 2 970 LF $31001 $92 070 00 $75531 $224 324 10 6" SANITARY SEWER 23 LF $2500 $57500 $69771 $1 604 71 24 BORE & CASING 106 LF $21000 $22 260 00 $38281 1 $40 577 86 6" FLEX BASE 215 BY $1040 $2,236 00 $8271 $1,77806 SEWER SERVICE 1 EA $90000 $90000 $850 68 I $86068 400 LB MH RING & COVER 2 EA $20000 $40000 $28061 $56102 REBUILD 5 LE 2 EA $300000 $600000 $298410 $596820 5 CONC MANHOLE 6 EA ` $3,30000 1 $16,50000 1 $2 166 46 $10 832 30 6 CONC MANHOLE 4 EA I $4 000 00 $16 000 001 $2 822 96 $1129184 ABANDON MANHOLE 4 EA I $400000 1 $16000001 $2 584 23 $10 336 92 REMOVE SANITARY SEWER 3 EA $1 600 00 $4 800 00 $71618 $2 148 54 REMOVE CURB & GUTTER 388 LF $2000 $7 760 00 $2507 $9 72716 CONC CURB & GUTTER 10 LF $1000 $10000 $358 $3580 CONC CURB & GUTTER 10 Lf $2000 $20000 $6968 $59680 CONC SAW CUT 25 LF $400 $10000 $239 $5975 4` CONC RIP RAP 20 BY $4000 $80000 W27 $1 105 40 CONC BLOCK ERROSION SYS 90 SY $3000 $2 700 00 $4775 $4 297 50 ASPHALT PATCH TYPE'D' 3 TON $12500 $37500 $47746 $1 432 38 CONC ENCASEMENT 82 CY $7000 $5 740 00 $10743 $8 809 26 HYDROMULCH 6 250 BY $300 $18 750 00 $039 $2 437 50 ROCK EXCAVATION 1 594 CY $2200 $35 068 00 $120 $1 912 80 EXCAVATION PROTECTION 2 907 LF $100 $2 907 00 $060 $1 744 20 WARRENTIES 1 LS $14 680 00 $14 680 00 $11936 $11936 PREP OF ROW 1 1 LS $6,500 00 4 $6 500 00 $1 790 46 $1 79046 BARRICADES 1 LS $600 00 1 $60000 $1 790 46 $1 790 46 PROJECT SIGN 2 EA $30000 $6D0 00 $41777 $83554 COAT EXISTING MH 2 EA $1 300 00 $2 600 00 $895 23 $1 790 46 TEMP ERROSION CONTROL 1 LS $9,00000 $9 000 00 $1,790461 $1,79046 TOTAL 308 08,271 001 $375,801 26 COST PER FOOT $9520 $11637 VENUS AVERAGE COOPER CREEK SEWER CONSTRUCTION COST UNIT TOTAL UNIT TOTAL DESCRIPTION QTY UNIT . PRICE PRICE PRICE PRICE 27" Sanitary SeweK 246 LF $77 23 $18 921 35 $78 98 $19 350 10 15 SANITARY SEWER 2 970 LF $49821 $147 965 40 $50 89 1 $151 149 90 6" SANITARY SEWER 23 LF $75 00 1 $1,72500 $5068 $1 165 56 24 BORE & CASING 106 LF $282 75 1 $29971 50 $24941 $26 437 46 6" FLEX BASE 216 BY $500 $1,07600 I $957 $2 057 07 SEWER SERVICE 1 EA $35000 $350 00 $85765 $85765 400 LB MH RING & COVER 2 EA $225 00 $46000 $301 14 $60228 REBUILD 5 MANHOLE 2 EA $3 500 00 $7 000 00 $3 420 25 $6 840 51 5 CONC MANHOLE 5 EA $3,66900 $18 295 00 $3,41431 $17 071 56 6 CONC MANHOLE 4 EA $4 439 00 $17 756 00 $4 404 00 $17 615 99 ABANDON MANHOLE 4 EA $4,09400 $16 376 00 $3,869 54 $15,47816 REMOVE SANITARY SEWER 3 EA $30000 $90000 $89662 $2 689 87 REMOVE CURB A GUTTER 388 LF $1000 $3,88000 $1926 $7 473 74 CONC CURB & GUTTER 10 LF $500 $5000 $740 $7404 CONC CURB & GUTTER 10 LF $4600 $45000 $2693 $26926 CONC SAW CUT 25 LF $250 $6250 $284 $7092 4" CO NO RIP RAP 20 BY $4700 $94000 $3926 $78511 CONC BLOCK ERROSION SYS 90 BY $4500 $4 050 00 $5639 $5 074 80 ASPHALT PATCH TYPE "D" 3 TON $4500 $13500 $13049 $39146 CONC ENCASEMENT 82 CY $12500 $10 250 00 $9785 $8 023 88 HYDROMULCH 6,250 BY $100 $6 260 00 $130 $8 138 89 ROCK EXCAVATION 1 594 CY $1 25 $1 992 50 $919 $14 652 40 EXCAVATION PROTECTION 2 907 LF $1 00 $2 907 00 $141 $4 098 87 WARRENTIES 1 LS $9 052 00 $9 052 00 $7 883 08 $7 883 08 PREP OF ROW 1 LS $2,50000 $2 500 00 $3 940 61 $3 940 61 BARRICADES 1 LS $1 000 00 $1 000 00 $1 800 65 $1 800 65 PROJECT SIGN 2 EA $25000 $50000 $42864 $86728 COAT EXISTING MH 2 EA $2 250 00 $4 500 00 $1 420 58 $2841 16 TEMP ERROSIO CONTROL 1 LS $1 500 00 $1 500 00 $3 009 62 $3 009 62 TOTAL $5-10.804 25 330 701 88 COST PER FOOT $9599 4,1w 1J CITY Of DENTON, TEXAS MUNICIPAL BUILDING / 215 E McKINNEY / DENTON TEXAS 76201 MEMORANDUM DATE September 7, 1993 TO Glen Gary, Engineering Associate FROM David Salmon, P E Senior Civil Engineer SUBJECT Bid recommendation for Cooper Creek Sanitary Sewer Bids were opened for the sub3ect utility pro3ect on September 2, 1993 Circle C Construction of Fort Worth Texas was the low bidder at $283,757 50 Our estimate was $322,000 Circle C has completed utility pro3ects for the City of Denton successfully in the past Therefore, we recommend that the Cooper Creek Sanitary Sewer pro3ect be awarded to Circle C David Salmon AEE002AB 817/566 8200 D/FW METRO 434 2529 EXHIBIT IV COOPER CREEK SANITARY SEWER FUND ANALYSIS POSTPONED PROJECT CHISHOLM TRAIL ALLOCATED FOR UNIVERSITY SEWER AVAILABLE FOR USE ON COOPER CREEK TOTAL WITH POSTPONED PROJECT $230,00000 ($140,515 50) $89,48450 $359,48450 ACTUAL/ $298,75750 NOVERUUNDER BUDGET $60,72700 EXHIBIT V 1993 CAPITAL IMPROVEMENT PROJECT # 93-0471 D06 PROJ TITLE REPL SEWERLINE COOPER CREEK ESTIMATED COST $270 (x 1000) EVALUATION SCORE 71 GROUP ASSIGNMENT 5 DESCRIPTION Replace Cooper Creek from Sherman to approximately 1000 FT west of Nottingham with 15" and _1 PURPOSE Existing line is deteriorated and has been abandoned Replacement necessary to increase capacity COST CALCULATION 1993 Construction $270000 FUNDING REQUIREMENTS CASH FLOWS/ENCUMBERANCES (In Dollars x 1000) ENC EXP ENC EXP ENC EXP ENC EXP ENO EXP 1993 0 N D J A M J 180 45 J 1994 0 90 45 N 45 D J A M J J 1995 O N D J A M J J ENCUMBERANCES BOND REV AIC OTHER TOTAL TOTAL 1ST YR $180 $0 to $0 $180 TOTAL 2ND YR $0 $90 $0 $0 $90 TOTAL 3RD YR $0 $0 $0 $0 $0 GRAND TOTAL $180 $90 $0 $0 $270 ENCUMBERANCE DATES Encumbered as spent PHASE DATE AMOUNT General Purchase Engineering Design Inspection 6/93 $15 Construction 6/93 $255 Miscellaneous ENCUMBERANCE TOTAL $270 COMMENTS This is a multiyear project beginning in 1993 Encumberances Prior to 1993 Current CIP Total Project Budget ENC EXP F M 45 A 45 S 45 F M A S F M A S CASH EXPENDITURES BOND REV AIC OTHER TOTAL $180 $0 $0 $0 $180 $0 $90 $0 $0 $90 $0 $0 $0 $0 $0 $180 $90 $0 $0 $270 $ 0 $270000 $270000 EXHIBIT VI 3/2/92 8 47 Pa 1994 CAPITAL IMPROVEMENT PROJECT # 94-0471E1( PROJ TITLE (1) (1993) UPGRADE INTERCEPTOR ESTIMATED COST $650 (x 1000) GROUP ASSIGNMENT DESCRIPTION (COST Design Estimate $ 55 000 CALCULATION Construction Estimate $595000 FUNDING REQUIREMENTS CASH FLOWS/ENCUMBERANCES (In Dollars x 1000) ENC EXP END EXP ENC EXP ENO EXP ENC 4 EXP ENO EXP 1994 O N D 270 135 J F M 135 A M J 325 160 J A S 165 1995 0 N D A M J 1996 0 N D J A M J J ENCUMBERANCES BOND REV AIC OTHER TOTAL TOTAL 1 ST YR $595 $0 $0 $0 $595 TOTAL 2ND YR $0 $0 $0 $0 $0 TOTAL 3RD YR $0 $0 $0 $0 $0 GRAND TOTAL $595 $0 $0 $0 $595 ENCUMBERANCE DATES Encumbered as spent PHASE DATE AMOUNT OBJECT # General Purchase Engineering Design 3/93 $55 8560/8563 Inspection 3/94 $40 8562 (Construction 3/94 $555 9138 Miscellaneous ENCUMBERANCE TOTAL $650 COMMENTS This is a multiyear project beginning in 1993 Encumberances Prior to 1994 Total Protect Budget Current CIP F M A S F M A S CASH EXPENDI TURES BOND REV AIC OTHER TOTAL $595 $0 $0 $0 $595 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $595 $0 $0 $0 $595 $ 55 000 $595000 $650000 3/15/93 13 33 Pn EXHIBIT VII I U I AL 9 580 $650000 PURPOSE To increase capacity of the interceptor and prevent sewage backup into the surrounding area DATE OCTOBERS, 1993 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID # 1542 - UNIVERSITY DRIVE SANITARY SEWER RECOMMENDATION We recommend this bid be awarded to the low bidder, Oscar Renda Contacting, Inc in the total amount of $577,145 00 SUMMARY This bid is for all materials and labor involved in the construction of approximately 9000 feet of sanitary sewer in the area of University Drive and Malone Street Nine bid proposals were received in response to thirty three invitations to bid mailed to contractors BACKGROUND Tabulation Sheet, PUB Meeting Backup - September 13, 1993 FISCAL IMPACT Budgeted Capital Improvement Project funds for 1992 and 1994 sewer line upgrade Account Number 674-082-RB93-V102-9138 the fund balance is $904,516 68 resvp cctt'ul ~ubnutte Llo Lloyd V Harrel Y City Manager Prepared By Name Denise Harpool Title Senior Buyer Approved ~1~ Name Tom'D Shaw,C P M Title Purchasing Agent agenda 427 Z O IZZ /L VI r n T mUZ L >VU S ~U m Z S LU UZ U) m QH 8N " cn V aQZ m ~ so ~ 1A U Z yH U) N 0 =U U o o U E o QTg _ ev~iz ~Z- co mQZ S LU o o z U) 8 r 8 N m U O~J ~~W >WOmi j ~WN Q ~ ~ WCV ~ a Y F W F r W T ~ W W HW m uZW ca 4c (L z W 7yW N ~y W W Q W Q c Q C 4k Z Z % Z Z 0 o a o 0 CL m m T m m T September 27, 1993 TO CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD FROM R E Nelson, P E , Executive Director of Utilities DATE September 13, 1993 SUBJECT, CONSIDER BID OPENING 1542 FOR CAPITAL IMPROVEMENTS PROJECT - UNIVERSITY DRIVE SANITARY SEWER RELIEF LINE RECOMMENDATION The Utility Staff and the Engineering & Transportation Department recommend award of the contract to Oscar Renda Contracting, Inc , for the amount of $577,145 00, for the construction of the University Drive Sanitary sewer relief line SUMMARY The University Drive Sanitary Sewer Project consist of approximately 8,010 ft of 15" sanitary sewer and 909 ft of 21" sanitary sewer Bids were opened on September 2, 1993 with a total participation of nine (9) bidders Oscar Renda Contracting, Inc , of Roanoke, TX, was the lowest qualified bidder for the amount of $577,145 00 The bid is approximately $ 140,515 50 over the construction budget, including the estimate charge for asphalt The bid does not include asphalt patching The Engineering and Transportation Department will perform this service for $2 00 per square foot of asphalt patch The area to be patched will be determined after the contractor has completed his work The estimate for patching is 21,450 square foot for $42,900 00 Page 2 Bid Opening 1542 University Dr Sanitary Line BACKGROUND The University sewer line was identified for replacement by the 1985 Freese & Nichols Master Plan and services the area north and west of University Drive and Malone, including Exposition Mills This entire area is serviced by a 10" sanitary sewer line The line has exceeded capacity for several years and has been in the CIP since 1991 Surcharging occurs daily, and overflows are common during rainfall events The proposed line is necessary to support the current development and needs to be complete before any more development can occur on the east side of I-35 north of University Drive along University Drive itself The proposed line has enough capacity to handle the normal development of the area and has also been designed deeper than originally planned in order to accommodate an interception along Bonnie Brae, which would eliminate the Barrow Lift Station The line was scheduled to be built in the summer of 1992 The project has been delayed due to difficulties in obtaining easements A portion of the line had to be rerouted and redesigned due to difficulties in obtaining easements from Hunt Petroleum Company along Emery Street AGENCIES AFFECTED The Citizens of Denton, Denton Municipal Utilities, and Oscar Renda Contracting, Inc FISCAL IMPACT $440,000 00 is budgeted in bond funds for the FY92 CIP for construction of University Drive sanitary sewer Construction of FY94 sewer line upgrade in the Chisolm Trail area for a budgeted amount of $230,000, is recommended to be postponed one year in order to compensate for the budget overage for this project and the Cooper Creek project The proDects to be postponed are in the Cooper Creek basin See Exhibit V (Fund Analysis) for more detail Page 3 i Bid Opening 1542 University Dr Sanitary Line Respectfully Submitted R E Nelson, Executive Director of Utilities Prepared by Gerald P Cosgrove, P E Engineering Administrator Approved by Lee K Allison, Director, Water Engineering & Operations Exhibits I Location Map II Project Considerations III Bid Summary IV Letter of Recommendation V Fund Analysis VI CIP Detail Sheets VII CIP Detail Sheet of Postponed Project LOCATION MAP EXHIBIT I ,J \ N ~ CITY OF DENTON TEXAS WATER/WASTEWATER ENSINEERIN6 - - PROJECT LOCATION PROJECT CONSIDERATION UNIVERSITY DRIVE SANITARY SEWER • Project is $140,515 00 over Budget • One Project is recommended to be delayed one year so that there is no effect on the rates • This project is necessary before any further development of the area north and east of the intersection of Malone and University can take place This includes the area around Exposition Mills • The existing 10" lane as overloaded and overflows during wet weather periods • The project as designed to provide future capacity to the area 1GG082 WP EXHIBIT 11 CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E McKINNEY / DENTON TEXAS 76201 MEMORANDUM DATE September 8, 1993 TO Glen Gary, Engineering Associate FROM David Salmon, Senior Civil Engineer SUBJECT University Drive Sanitary Sewer Bid Recommendation Bids were opened for the subject project on September 2, 1993 Oscar Renda Contracting, Incorporated of Roanoke was the low bidder at $577,145 00 Our estimate was $784,000 00 The mean of all bids received was approximately $790,000 As Oscar Renda Contracting, Incorporated has not previously worked on a public utility project in Denton, we called on several references including the Cities of Carrollton, Farmers Branch, and Dallas In most cases, Oscar Renda finished the jobs early with minimal change orders All work met standards Personnel were professional and easy to work with In light of our findings, we recommend Oscar Renda Contracting, Incorporated be awarded the bid for University Drive Sanitary Sewer David Salmon AEE002AB 8171566 8200 D/FW METRO 434 2529 EXHIBIT III UNIVERSITY SANITARY SEWER BID TABULATION OSCAR RANDA DICKERSON UNIVERSITY SEWER PUBLIC CONS TRUCTION UNIT TOTAL UNIT TOTAL DESCRIPTION QTY UNIT PRICE PRICE PRICE PRICE 21' Sanitary Sewer LF $0 00 $000 0 -6 deep 470 LF $4800 $22 560 00 $3785 $17 789 50 6 --8 DEEP 340 LF $48 00 $16 320 00 $4288 $14,87920 8 -10 PEEP 99 LF $48 00 1 $4 752 00 $4785 $4 737 15 16' SANITARY SEWER LF ( $0 00 $000 0 -6 deep 0 LF $000, $0 00 1 $000 6'-8' DEEP 11100 LF $42 00 1 $46,20000 1 $4650 $51,150 00 8-10 DEEP 3 349 LF $42 00 1 $140 658 00 1 $5000 $167 450 00 10'-12' DEEP 1 411 LF $44 00 1 $62,08400 1 $5500 $77,60500 12 -14 I DEEP 1 160 LF $44 00 1 $51 040 00 1 $6500 $75 400 00 14 -16 DEEP 380 LF $48 00 1 $18,24000 $75 00 $28 500 00 16 -181 DEEP 380 LF $48001 $18 240 00 $8500 $32 300 00 18'-20' DEEP 230 LF $52 00 1 $119600o $1000o $23 000 00 8 SANITARY SEWER 78 LF $4600 $3 588 00 $6000 $4 680 00 24' CASING DUCTILE IRON 18 LF $5000 $90000 $6000 $1,08000 27' BORE & CASING 100 LF $20000 $20 000 00 $20000 $20 000 00 18' BORE &CASING 96 LF 200 $19 200 00 150 $14 400 00 REMOVE SANITARY SEWER 14 LF $10000 $1 400 00 $6000 $84000 SEWER SERVICE 1 EA $20000 $20000 $50000 $50000 5 MANHOLE 23 EA $1 200 00 $27 600 00 $4 350 00 $100 050 00 5' DROP MANHOLE 8 EA $1,600 00 $12,80000 $6,00000 $40 000 00 BREAK INTO EXISTING MH 2 EA $1 000 00 $2 000 00 $50000 $1 000 00 ABANDON MANHOLE 1 LS $50000 $50000 $1 500 00 $1,50000 REMOVE CURB AND GUTTER 48 CY $300 $14400 $1000 $48000 REMOVE CONCRETE PAVING 670 LS $400 $2,68000 $1000 $6 700 00 REMOVE CONC WALKS &DRIVE 18 BY $10 00 1 $18000 $1000 $180 00 1 CONCRETE CURE & GUTTER 48 $Y $10 00 $48000 $2000 $960 00 6 CONC PAVING 670 BY $3000 $20 100 00 $4000 $26 800 00 CONC SIDEWALK 18 BY $2500 $45000 $3000 $54000 CONC SAW CUT 2013 LF $200 $4 026 00 $300 $6 039 00 ASPHALT SAW COT 8,5,32 LF $100 $8 532 00 $150 $12 798 00 LOWER WATER LINES 1 EA $1,20000 $1,20000 $4.50000 $4,50000 10 X4 JBOX 1 EA $4 000 00 $4 000 00 $5 500 00 $5 500 00 EXCAVATION PROTECTION 8,236 LF $100 $8,23600 $100 $8,23600 ROW PREP 1 LS $8 000 00 $8 000 00 $5 000 00 $5 000 00 TEMP EROSION CONTROL 1 LS $3,000 00 $3,00000 $1,00000 $1,0()000 PROJECT SIGN 2 EA $50000 $1 000 00 $25000 $50000 ROCK EXCAVATION 9,625 LF $300 $28,87500 $1000 $96,25000 WARRANTIES 1 LS $1 000 00 $1 000 001 $42 000 00 $42 000 001 BARRICADES 1 LS $5 000 00 S 000 00 $7,00000 $7,000 00 TOTAL $577,145 00 $901.04385 COSTPERFOOT $6415 $10015 EXHIBIT IV CIRCLE C LARRY JACKSON UNIVERSITY SEWER CONSTRUCTION CONSTRUCTION DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL PRICE PRICE PRICE PRICE 21" Sanitary Sewer LF $0 00 $0 00 0 -6 deep 470 LF $56001 $26 320 00 $32 00 1 $15 040 001 6 -8 DEEP 340 LF $5800 $19 720 00 $33 50 ~ $11390 00 8-10 DEEP 99 LF $60 00 $5 940 00 $36 50 1 $3 613 50 15" SANITARY SEWER LF I $000 I $000 0 -6 deep 0 LF $51 001 $000 $47 00 $000 6 -8' DEEP 11100 LF $63 OO $S83()000 $4800 $52,80000 8 -10 DEEP 3 349 LF $5500 $184 195 00 $51 00 $170 799 00 10 -12' DEEP 1,411 LF $5700 $80 427 00 $56 60 $79,721 50 12 -14 DEEP 1 160 LF $59 00 $68 440 00 $63 00 $73 080 00 14 -16' DEEP 380 LF $61 00 $23 180 00 $73 00 $27 740 00 16 -18 DEEP 380 LF $6700 $25 460 001 $94 00 $35 720 00 18 -20' DEEP 230 LF $7500 $17 250 00 $11700 1 $26 910 00 8 SANITARY SEWER 78 LF $51 00 $3 978 00 $47 00 $3 666 00 24" CASING DUCTILE IRON 18 LF $10000 $1,80000 $5000 $90000 27 BORE & CASING 100 LF $17500 $17 500 00 $25000 $25 000 00 18" BORE &CASING 96 LF 140 $13 440 00 200 $19 200 00 REMOVE SANITARY SEWER 14 LF $2000 $28000 $3000 $42000 SEWER SERVICE 1 EA $50000 $50000 $1 000 00 $1,000 00 5 MANHOLE 23 EA $2 500 00 $57 500 00 $5 000 00 $115 000 00 5 DROP MANHOLE 8 EA $3 000 00 $24 000 00 $3 000 00 $24 000 00 BREAK INTO EXISTING MH 2 EA $75000 $1 500 00 $1 000 00 $2 000 00 ABANDON MANHOLE / LS $500001 $50000 $1 500 00 $1 500 00 REMOVE CURB AND GUTTER 48 CY $2001 $9600 $1000 $48000 REMOVE CONCRETE PAVING 670 LS $4001 $2680001 $600 $3 350 00 REMOVE CONC WALKS &DRIVE 18 SY $3001 $5400 $400 $72 00 1 CONCRETE CURB & GUTTER 48 SV $15 00 $72000 $2500 $1 200 00 6 CONC PAVING 670 BY 30 $20 100 00 $3000 $20 100 00 CONC SIDEWALK 18 BY 30 I $540001 $4000 $72000 CONC SAW CUT 2013 LF 25 $5 032 50 $200 $4 026 00 ASPHALT SAW CUT 8 532 LF 2 $17 064 00 $200 $17,06400 LOWER WATER LINES 1 EA 2500 $2,50000 $6,00000 $5 000 00 10 X4 JBOX 1 EA 5000 $5 000 00 $7 500 00 $7 500 00 EXCAVATION PROTECTION 8 236 LF 1 $8,23600 $150 $12 354 00 ROW PREP 1 LS 5001 $50000 $2 000 00 $2 000 00 TEMP EROSION CONTROL 1 LS SDO $50000 $10,000 00 $10,00000 PROJECT SIGN 2 EA 250 $50000 $300 00 1 $60000 ROCK EXCAVATION 9,625 LF 25 1 $24,062 50 $6 00 $48 125 00 WARRANTIES 1 LS 250001 $25 000 00 $15000 00 $15 000 00 BARRICADES 1 LS 2500 $2 500 00 $2,500 00 $25001 0 1 TOTAL $745,315 001 $839,591 00 COST PER FOOT $8284 $9332 E L DALTON RHODE UNIVERSITY SEWER CONSTRUCTION CONSTRUCTION UNIT j TOTAL UNIT TOTAL DESCRIPTION QTY UNIT PRICE PRICE PRICE PRICE 21 Sanitary Sewer LF $000 $000 0 -6 deep 4701 LF $3850 $18 095 00 $8076 $37 957 20 6 -8 DEEP 34G LF $41 50 $1411000 $8546 1 $29,05300 8 -10 DEEP 99 LF $4600 $4 554 00 $8857 $8 768 43 15" SANITARY SEWER LF $000 $000 0 -6 deep 0 LF $4000 $000 $000 6 -8' DEEP 1,100 LF $42 5a $46 750 00 $6252 $68,77200 8-10 DEEP 3 349 LF $4000 $133 960 00 $6252 $209 379 48 10 -12' DEEP 1,411 LF $3700 $52,20700 $6461 $91,16471 12 -14 DEEP 1 160 LF $5400 $62 640 00 $6773 $78 566 80 14 -16 DEEP 380 LF $4700 $17 860 00 $7294 $27 717 20 16 -18 DEEP 380 LF $5850 $22 230 00 $7815 $29 697 00 18`-20' DEEP 230 LF $6050 $13 915 00 $8336 $1917280 8" SANITARY SEWER 78 LF $5500 $4 290 00 $5731 $4 470 18 24" CASING DUCTILE IRON 18 LF $9600 $1,72800 $7294 $1 312 92 27' BORE & CASING 100 LF $37500 $37 500 00 $15630 $15 630 00 18" BORE &CASING 96 LP 191 $18 336 00 11983 $11 503 68 REMOVE SANITARY SEWER 14 LF $3000 $42000 $1563 $21882 SEWER SERVICE 1 EA $82500 $82500 $1876 63 $1,87563 5 MANHOLE 23 EA $4 525 00 $104 075 00 $3 647 06 $83 882 38 5 DROP MANHOLE 8 EA $5 400 00 $43,20000 $4,68908 $37 512 64 BREAK INTO EXISTING MH 2 EA $95000 $1 900 00 $1 563 03 $3 126 06 ABANDON MANHOLE 1 LS $50000 $50000 $83361 $83361 REMOVE CURB AND GUTTER 48 CY $600 $28800 $521 $250 08 REMOVE CONCRETE PAVING 670 L$ $500 $3 350 00 $10 42 $6 981 40 REMOVE CONC WALKS &DRIVE 18 BY $500 $9000 $1042 $18756 CONCRETE CUR$ & GUTTER 48 BY $1000 $48000 $26051 $1 250 40 6" CONC PAVING 670 SY $4000 $26 800 00 $36 47 $24 434 90 CONC SIDEWALK 18 BY $2300 $41400 $31 28 $56268 CONC SAW CUT 2013 LF $100 $2 013 00 $2 51 $5 052 63 ASPHALT SAW CUT 8 532 LF $100 $8,53200 1 $0 53 $4 521 96 LOWER WATER LINES 1 EA $2,000 00 $2,000 00 $1,87563 $1 675 63 10 X4 JBOX 1 EA $8 700 00 $8 700 00 $4 929 97 $4 929 97 EXCAVATION PROTECTION 8,236 LF $2.00 $16,47200 1 $208 $17.13088 ROW PREP 1 LS $10 000 00 $10 000 00 $2 084 03 $2 084 03 TEMP EROSION OONTROL 1 LS $5,000 00 $6,00000 $8,33613 $8,33613 PROJECT SIGN 2 EA $60000 $1 200 00 $83361 $1 667 22 ROCK EXCAVATION 9,625 LF $3 00 $28,87500 $521 $50,14625 WARRANTIES 1 LS $12891 00 $12891 00 $13 255 58 $13 255 58 BARRICADES 1 LS $9.8Q0 00 $2,80000 10,420 17 $10,42017 TOTAL 729 000 00 $913,702 01 COST PER FOOT $81 03 $101 56 RADICH PATE BROS UNIVERSITY SEWER CONSTRUCTION CONSTRUCTION I MIT I TnTAI I INIT T(1TA1 DESCRIPTION QTY 'UNIT I PRICE PRICE PRICE PRICE 21 Sanitary Sewer LF $0001 $0 00 0 -6 deep 4701 LF $46 55 1 $21 878 50 $4387 $20 618 90 6 -8' DEEP 340 LF $47551 $16,167 00 $4533 $15412.201 8-10 DEEP 99 LF $4855 $4 806 45 $4714 $4 666 86 1 15' SANITARY SEWER LF $0 00 $0 00 0 -6 deep 0 LF $000 $4697 $000 6'-8' DEEP 1100 LF $42251 $46 475 00 $5160 $66,66000 8-10 DEEP 3349 LF $4325 $14484425 $5414 $18131486 10'-12' DEEP 1 411 LF $4425 $62 436 75 $56 00 $79 016 00 12 -14 DEEP 1 160 LF $4525 $52 490 001 $5827 $67 593 20 1 14 -16' DEEP 3801 LF $47 25 1 $17 955 00 $6109 $23,214.20 16 -18' DEEP 380 LF $49251 $18 715 00 $6486 $24 646 80 18'-20" DEEP 230 LF $6225 $12 017 50 $7823 $17 992 90 8 SANITARY SEWER 78 LF $4500 $3 510 00 $4443 $3 465 54 24' CASING DUCTILE IRON 18 LF $10000 $1 800 00 $17748 $3,194 64 27' BORE & CASING 100 LF $32500 $32 500 00 $29240 $29 240 00 18' BORE &CASING 96 LF $18500 $17 760 00 21426 $20 568 96 REMOVE SANITARY SEWER 14 LF $3000 $42000 $1240 $17360 SEWER SERVICE 1 EA $2,500 00 $2,50000 $70039 $70039 5 MANHOLE 23 EA $3 500 00 $80 500 00 $1 956 50 $44 999 50 5 DROP MANHOLE 8 EA $4 800 00 $38 400 00 $2 364 08 $18,83264 BREAK INTO EXISTING MH 2 EA $2 000 00 $4 000 00 $68224 $1 364 48 ABANDON MANHOLE 1 LS $1,00000 $1 000 00 $67660 $67660 REMOVE CURB AND GUTTER 48 CY $200 $9600 $338 $162 24 REMOVE CONCRETE PAVING 670 LS $500 $335000 1 $338 $2,264 60 REMOVE CONC WALKS &DRIVE 18 SY $550 $99001 $3 38 1 $60 84 1 CONCRETE CURB & GUTTER 48 BY $1800 $86400 1 $4736 I $2,273 28 6' CONC PAVING 670 BY $3200 $21 440 00 $6245 $41 841 501 CONC SIDEWALK 18 BY $3000 $54000 $4623 $83214 CONC SAW CUT 2013 LF $250 $5 032 50 $225 $4529 25 ASPHALT SAW CUT 8 532 LF $1 60 $12 798 00 $225 $19197 00 LOWER WATER LINES i EA $3,50000 $3 500 00 $1 188 23 $1,18823 10 X4 JBOX 1 EA $6 200 00 $6 200 00 $15 570 80 $15 570 80 EXCAVATION PROTECTION $236 LF $100 $8 236 00 $011 $905 96 ROW PREP 1 LS $7 000 00 $7 000 00 1 $11277 $11277 TEMP EROSION CONTROL 1 LS $6,000 00 $6 000 00 $1691 50 $1,691 501 PROJECT SIGN 2 EA $30000 $60000 $394 68 $789 36 ROCK EXCAVATION 9 625 LF $22.00 $211 75000 $1 13 $1087676 25 WARRANTIES 1 LS $27 000 00 $27 000 00 $111277 $11277 BARRICADES 1 LS $5,00000 $6,00000 $112 77 $11277 TOTAL $899,680 95 $716,863 531 COST PER FOOT $10000 $7968 VENUS AVERAGE UNIVERSITY SEWER CONSTRUCTION COST I j UNIT TOTAL UNIT TOTAL DESCRIPTION I QTY UNIT PRICE PRICE PRICE PRICE 21' Sanitary Sewer LF $0 oo I $000 0 -6 deep 470 LF $42681 $20 059 601 $4736 $22 257 63 6 -8 DEEP 340 LF $45 68 1 $15531 20 $4977 $16,92029 8 -10 (DEEP 99 LF $48 68 $4 819 32 $5237 $5 184 19 15" SANITARY SEWER LF $000 $000 $000 0 -6 deep 0 LF $4973 $000 $2608 $000 6 - V DEEP 1,100 LF $6273 $58003001 $4900 $53,90000 8-10 DEEP 3 349 LF $5573 $186 639 77 $5040 $168 804 48 I V-12' DEEP 1,411 LF $5973 $84,279031 $5268 $74 326 78 12 -14' DEEP 1 160 LF $63 73 $73 926 80 $5778 $6701964 14 -1 Of DEEP 380 LF $90 73 $34 477 40 $6400 $24 320 42 16 -18' DEEP 380 LF $10773 $40 937 40 $7250 $27 549 58 18'-201 DEEP 230 LF 1 $11773 $27 077 90 $8179 $18 810 68 8" SANITARY SEWER 78 LF $4900 $3 822 00 $5053 $3941 08 24' CASING DUCTILE IRON 18 LF $6325 $95850 $5441 $1 519 34 27 BORE & CASING 100 LF $25256 $25 256 00 $24736 $24 736 22 18" BORE &CASING 96 LF $17600 $16 800 00 $17601 $16 800 96 REMOVE SANITARY SEWER 14 LF $2000 $28000 $3534 $49471 SEWER SERVICE 1 EA $35000 $36000 $93900 $93900 5 MANHOLE 23 EA $3 852 00 $88 596 00 $3 392 28 $78 022 54 5 DROP MANHOLE 8 EA $4,46200 $35,61600 $3 810 57 $30 484 59 BREAK INTO EXISTING MH 2 EA $1 000 00 $2 000 00 $1 049 47 $2 098 95 ABANDON MANHOLE 1 LS $30000 $30000 $81225 $81225 REMOVE CURB AND GUTTER 48 CY $5 00 $240 00 1 $518 $24848 REMOVE CONCRETE PAVING 670 L$ $5 00 $335000 1 $576 $3 856 22 REMOVE CONC WALKS &DRIVE 18 BY $500 $90 00 $6 26 $11260 CONCRETE CURB & GUTTER 48 BY I $3560 $1 704 00 $2299 $1 103 62 6" CONC PAVING 670 BY $3550 $23 785 00 1 $3738 $25 044 60 CONC SIDEWALK 18 BY $2260 $40500 1 $3089 $66598 CONC SAW CUT 2013 LF $275 $5 535 75 $228 $4 587 40 ASPHALT SAW CUT 8,532 LF $259 $22 097 88 $1 60 $13,62276 LOWER WATER LINES 1 EA $1,90o 00 $1,900 00 $2,629 32 $2,628 32 10 X4 JBOX 1 EA $6 295 00 $6 295 00 $7 077 31 $7 077 31 EXCAVATION PROTECTION 8,236 LF $100 $8,236 00 $119 $9,78254 ROW PREP 1 LS $1 500 00 1 $1 500 00 $4021 87 $4021 87 TEMP EROSION CONTROL 1 LS $2,000 00 4 $2,00000 1 $416974 $4,16974 PROJECT SIGN 2 EA $25000 $500 00 $40870 $81740 ROCK EXCAVATION 9,625 LF $125 $12,031 25 $6 90 $56,77681 WARRANTIES 1 LS $24371 99 $24371 99 1 $17 847 93 $17 847 93 BARRICADES 1 LS $3,00000 $3,00000 1 $4,25922 $4,25922 TOTAL $836,771 79 $795,457 01, COST PER FOOT $93 0i Y°° " UNIVERSITY DRIVE SANITARY SEWER FUND ANALYSIS ACTUAL/ SURVEY EASEMENT INSPECTION ASPHALT $10 000 00 $000 $15,00000 INCLUDED IN CONSTRUCTION POSTPONED CHISHOLM TRAIL PROJECT TOTAL WITH POSTPONED PROJECT $4 813 00 $6 948 00 $15 000 00 $42 900 00 $230 000 00 $760,00000 $670,51550 I (OVER)/UNDER BUDGET $89,484501 EXHIBIT V lyyl EMENT PRO'rCT # 92-0471C09 PROJ TITLE COLLECTION SYSTEM UPGRADE SEWER LINES (1991) ESTIMATED COST $ 530 (x 1000) EVALUATION SCORE GROUP ASSIGNMENT DESCRIPTION Wastewater line identified in the Freese d Nit,hois 1985 Wastewater Collection System Master Plan W University Relief Line S 530 000 86 4 PURPOSE Provide service to new and developing areas by increasing capacity of existing interceptor and extending lines into areas under development COST Per F&N 1985 WW Collection System Master Plan CALCULATION Prices are adjusted at 5% APR to reflect uvlation FUNDING REQUIREMENTS CASH FLOWS/ENCUMBERANCES (In Dollars x 1000) ENC EXP ENC EXP ENC EXP ENC EXP ENC EXP 1992 O 455 N 45 D 45 J 45 F 45 M A 46 M 46 J 46 J 46 A 46 S 1993 O N D J F M A M J J A S 1994 O N D J F M A M J J A S ENCUMBERANCES BOND REV AIC OTHER TOTAL TOTAL 1ST YR $455 $0 $0 $0 $455 TOTAL 2ND YR $0 $0 $0 $0 $0 TOTAL 3RD YR $0 $0 $0 $0 $0 GRAND TOTAL $455 $0 $0 $0 $455 ENCUMBERANCE DATES Encumbered as spent PHASE DATE AMOUNT General Purchase Engineering Design 4/91 $ 75 Inspection 10/91 $ 15 Construction 10/91 $440 Construction ENCUMBE$ANCE TOTAL $ 530 COMMENTS This is a multiyear project beginning in 1991 Encumberances Prior to 1992 Current CIP Total Project Budget 4/17/91 13 18 Po ITAL IMP ENC EXP 45 CASH EXPENDITURES BOND REV AIC OTHER TOTAL $455 $0 $0 $0 $455 $0 $0 SO $0 $0 $0 $0 $0 $0 $0 $455 $0 $0 $0 $455 $ 75 000 4$ 530 00a EXHIBIT VI 1994 CAPITAL IMPROVEMENT PRO IECT # 94-0471 E 1 PROJ TITLE (1) (1993) UPGRADE INTERCEPTOR ESTIMATED COST $650 (x 1000) (DESCRIPTION Corinth Force Main i n sfs., GROUP ASSIGNMENT 5 400 LF 000 TOTAL - W,au.WUu 9 580 $650000 PURPOSE To increase capacity of the interceptor and prevent sewage backup into the surrounding area COST Design Estimate $ 55 000 CALCULATION Construction Estimate $595000 FUNDING REQU IREMENTS CASH FLOWS/ENCU MBERANCES (In Dollars x 1000) ENO EXP ENC EXP ENO EXP ENO EXP ENC EXP ENO EXP 1994 O N D 270 , 135 J F M 135 A M J 325 160 J A S 165 1995 O N D F A M J M A S 1996 O N D J F M A M J J A S ENCUMBE RANCES CASH EXPENDITURES BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL TOTAL 1STYR $595 $0 $0 $0 $595 $595 $0 $0 $0 $595 TOTAL 2ND YR $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL 3RD YR $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 GRAND TOTAL $595 $0 $0 $0 $595 $595 $0 $0 $0 $595 ENCUMBERANCE DATES Encumbered as spent PHASE DATE AMOUNT OBJECT# General Purchase Engineering Design 3/93 $55 8560/8563 Inspection 3/94 $40 8562 Construction 3194 $555 9138 ENCUMBERANCE TOTAL $680 ,COMMENTS This is a multiyear project beginning in 1993 Encumberances Prior to 1994 Current CIP Total Project Budget 1 $ 55 000 $595000 $650,000 EXHIBIT VII 4 STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this OCTOBER A.D., 19 93 , by and between 5 day of THE CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and SODTHWEST INDIISTRTAT• CONSTUrrrmTO~-INC., 121 EXPOSITION, DENTON, TX 76205 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 the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1535 - N.L. PARR PHASE II RESTROON/CONCESSION BUILDING in the amount of $395,800.00 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), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes CONTRACT AGREEMENT CA - 1 i all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by F UMON AND ASSOCIATES AR TTPf-PQ all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. (SEAL) - ATTEST: SOUTHWEST INDUSTRIAL CONSTRUCTION, INC. CONTRACTOR By Title PRESIDENT (SEAL) AAA0184D CA - 3 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That SOUTHWEST INDUSTRIAL CONS,UfTION, INC. , of the City of ate.. County of DENTON , and State of TRYAS as PRINCIPAL, and 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 NINTY FIVE THOUSAND EIGHT HUNDRED AND no/100-------- Dollars 395,800.00 ) 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 5 day of OCTOBER , 19 93, for the construction of BID # 1535 - N.L. PARR PHASE II RESTROON/ CONCESSION BUILDING in the amount of $395,800.00 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 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 is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 72nd Legislature, Regular Session, 1991, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB - 1 xPi, 9la,[k ,i FJ!.h "R!. Ulf 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 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 5th day of Octnher , 1993 S.W_ Tndiigtri.l !'nnetrnrtn Tnc rlueiaTy & uepoSIZ UO. OT N Principal Surety Bye T.E. Stanek, o er t na Title President Title Atto ney-in-fact Address: 121 Exposition Denton, Texas 76205 (SEAL) Address: 12222 Merit Dr.. Suite 1350 Dallas, Texas 75251 (SEAL) The name and address of the Resident Agent of Surety is: Leick, Tucker and Knight, 12001 N. Central Expwy. Ste. 200, Dallas. Texas 76243 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D PB - 2 4 The FIDELITY AND DEPOSIT COMPANY OF MARYLAND e D® COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR., Vice-President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute and appoint Robert E. Stalnaker, r. , Joe N. Jay, E. M. Adler Richard T Martin, Karen E. Vester ~ren Pr' nd Irmgard Collins, all of Dallas Texas. EACH ° e e ana aw agent an mey-m- act o each, to in me, seal liver, for, and on its behalf as surety, and as its act and deed:any and all bonds and Linde Lngs.. PT bonds on behalf of Independent Executors, Community Sur s and unity Guardians.... And the execution of such bonds or undertakings in pur of these s, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they ha duly ex d acknowledged by the regularly elected officers of the respective Companies at their offices in Bal' e, d., in n proper persons. This power of attorney revokes that issued on behalf obert talnaker, Jr., etal dated March 11, 1993. IN WITNESS WHEREOF, the said Vice- [dent and t Secretary have hereunto subscribed their names and affixed the Corporate Seals of the Said FIDEL DEPOS ANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY this--___h I^,, da of_-----------_----July---------- A.D. 19 93 ATTEST: AND DEPOSIT COMPANY OF AND SEAL 110- '7\ By As Secretary Vice- resident Ij~~?f•\`~~\ COLONIAL AMERICAN CASUALTY AND SURE OMP l8!SEAL)9`'s - - By------ OF Secretary Vice- resident STATE OF MARYLAND COUNTY OF BALTIMORE J ` SS: On this-__5L1]___day A.D. 19--M before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice-president and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written . S. CAROL I. FA ED R Notary Public ~ My commission expires ?!um. 1 1996 CERTIFICATE 1, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2 of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the COLONIAL, AMERICAN CASUALTY AND SURETY COMPANY at a mating duly called and held on the 5th day of December, 1991. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Com- pany with the th7e mine force and effect as though manually affixed." da of IN UCLODBTY WHEREOF, I hav ih"nto subscribed my name and affixed the corporate seals of [tie said ,Companies, this 5th y L[4i9afDO 168. 'Li Assistant Secretary . EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article Vl, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Commmittee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article Vl, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." L141W(TX)-C1f. PAYMENT BOND STATE OF TEXAS S COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That SOUTHWEST INDUSTRIAL CONSTRUCTION INC. of the City of nF x County of DENTON , and the State of TRYac , as principal, and 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 and NO 100----~+-- THRRR RDNDRFn NTw" FTvR THnncaNn FTru snWE= Dollars (y -AS- And no 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 5 day of ormnngg 1993 . BID # 1535 - N.L. PARK PHASE II RESTROOK/CONCESSION BUILDING to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the 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 Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 72nd Legislature, Regular Session, 1991, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB - 3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in 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 5th day of October 1993 . S.W. Industrial Constructors, Inc Principal Fidelity & Deposit Co. of Surety By-S~ Title Praci dash Address: 121 Exposition Denton, Texas 76205 Titl Address: 12222 Merit Dr., #1350 Dallas, Texas 75251 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Leick, Tucker and Knight, 12001 N. Central Expwy. Ste. 200, Dallas, Texas 76243 AAA0184D PB - 4 The FIDELITY AND DEPOSIT COMPANY OF MARYLAND U, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY compares HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR., Vice-President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute and appointRobert E. Stalnaker, r. , Joe N. Jay, E. M. Adlerl Richard T. Martin, Karen E. VesterA\ ren Pr and Irmgard Collins, all as its act and deed:any and all bonds and Independent Executors, Community Guard J on its behalf as surety, on behalf of MiTWe execution of such bonds or undertakings in put of these shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they h duly ex d acknowledged by the regularly elected officers of the respective Companies at their offices in Bal' d., in o In proper persons. This power of attorney revokes that issued on behalf obert ~talnaker, Jr., etal dated March 11, 1993. IN WITNESS WHEREOF, the said Vice- 'dent and I Secretary have hereunto subscribed their names and affixed the Corporate Seals of the Said FE)E DEPOS^ ANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY this-----------_____~b_k_1?-}------ __day of-------------------July A.D. 19 93 v ATTEST: _ ITY AND DEPOSIT COMPANY OF AND SEAL -...s- g;; By - A s Secretary Vice- resident MERICAN CASUALTY AND OMP CEE911- COLONIAL A Assistant Secretary Vice- resident STATE OF MARYLAND l COUNTY OF BALTIMORE Ss: On this--A th___day of__________ Ju lx_-- A.D. 19. 93, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice-President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ePL4 CAROL J. FA E~ Notary Public My commission expires----? rust 1 1996--------.__ CERTIFICATE I, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2 of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the COLONIAL. AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of December, 1991. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shaft be valid and binding upon the Com- pany with threI1same .IO DBT yform and effect as though manually affixed." 5th IN UCL WHEREOF, I have hurnto subscribed my name and affixed the corporate seals of the said Companies, this day at 19- L141W M 168 Assistant Secretary EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Commmittee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident' Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." L. 1419d(TX)-C1r. MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That SOUTHWEST INDUSTRIAL G=p=UCmTQN IN as Principal, and 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 THTRTV NINE THOUSAND FIVE HUNDRED EIGHTY AND N01100--- Dollars 39~SR0_00 j, 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 SOUTHWEST INDUSTRIAL CONSTRUCTION INC. has this day entered into a written contract with the said City of Denton to build and construct BID # 1535 - N. L. PARR PHASE II RF.STROOM/CONCESSION BUILDING 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 therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in MB - 1 At, accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure 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 S.W. ndus tat Cons - Inc. as Contractor and Principal, has caused these presents to be executed by T.E. Stanek and the said Fidelity and Deposit Company of Maryland as surety, has caused these presents to be executed by its Attorney-in-Fact Robert E. Staluaker, Jr. and the said Attorney-in-Fact has hereunto set his hand this 5th day of October , 1993 SURETY: Robert E. Stalnal Attorney-in-Fact AAA0184D PRINCIPAL: of Mary and S.W. Industrial Constructors, Inc. Ad. T.E. Stanek President MB - 2 The FIDELITY AND DEPOSIT COMPANY OF MARYLAND o D® COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, Corporations of the State of Maryland, by C. M. PECOT, JR., Vice-President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute and appointRobert E. Stalnaker, r. , Joe N. Jay, E. M. Adler Richard T. Martin, Karen E. Vester en Pr' nd Irmgard Collins, all of Dailas Texas EACH ° e e an aw agen an Orney-m- act o MC , to in te, seal iver, for, and on its behalf as surety, and as its act and deed:any and all bonds and unde ings.. PT bonds on behalf of Independent Executors, Community Sur s and unity Guardians execution of such bonds or undertakings in puof these shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they ha uly ex d acknowledged by the regularly elected officers of the respective Companies at their offices in Bal' ,Td. , in o proper persons. This power of attorney revokes that issued on behalf obert '0 proper Jr., etal dated March 11, 1993. IN WITNESS WHEREOF, the said Vice- [dent and t Secretary have hereunto subscribed their names and affixed the Corporate Seals of the Bald FIDEL DEPOSITANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY this--_---- h 4,------day of_---------------- --Juy A.D. 19-23 DEPOSIT COMPANY OF AND ATTEST: SO AL + AND SEAL By - As Secretary Vice- resident (SF COLONIAL AMERICAN CASUALTY AND SURE OMP A - Assistant Secretary Vice- resident STATE OF MARYLAND COUNTY OF BALTIMORE ` SS: On this--6th,-day oft __--_______JUlx_-____ A. D. 19__ 93, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice-President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my ~hgand and affixed my Official Seal the day and year first above written. cr' d r'yy r9g. . CAROL J. FA ER Notary Public My commission expires___August ( 1996_____-__ CERTIFICATE I, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2 of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of December, 1991. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Com- pany with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have he to subscribed my nane and affixed the corporate seals of the said Companies, dw th day October of 19_. ueladCM 168 (j Cl~--- Assistant Secretary EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Comm nittee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." L141W1(TX)-Qf. 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 endorse-ments as prescribed and provided herein. If an apparent low bidder fails 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 aroughout the course of this contract. STANDARD PROVISIONS: Without 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 as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A • Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its AFF006RA REVISED 09/02193 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. • Liability policies shall be endorsed to provide 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 insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • All policies 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 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 give 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 providing 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 Liability 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 evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. AFF006RA REVISED 08102193 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [x] A. General Liability Insurance: General Liability insurance with combined single limits of not less than _ 1 nnn,nonshall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCLI) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. AFF006BA REVISED 08/02193 Insurance Requirements Page 4 [A Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than ssoo.ooo either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non-owned autos. []d Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits 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 insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. [ I 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 this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. AFF006BA REVISED 08/02/93 Insurance Requirements Page 5 [ I Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. bd Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include 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 basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. AFFMHA REVISED 0$/MM .NJ 10/11/1993 CERTIFICATE OF INSURANCE PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF Leick, Tucker & Haight Ins. INFORMATION ONLY AND CONFERS NO RIGHTS UPON P. O. Box 516309 THE CERTIFICATE HOLDER. IT DOES NOT AMEND, Dallas, T8 75251-6309 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE (214) 233-9855 POLICIES BELOW. COMPANIES AFFORDING COVERAGE INSURED COMPANY A: CNA COMPANIES SOUTHWEST INDUSTRIAL CONST.INC COMPANY B: 121 EXPOSITION COMPANY C: DENTON, TX 76201 COMPANY D: COMPANY E: COVERAGES This is to certify that policies of insurance Listed below have been issued to the insured named above for the policy period indicated, notwithstanding any requirement, term or condition of any contract or other document O th respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all. the terms, exclusions and conditions of such Licies. Limits shown may have been reduced by i d claims. ICOJjJ INSURANCE , POLICY NUMBER JE J DATES GENERAL LIABILITY Effective $ 2,000,000 General Agg A [X] Gen Liability 1115889449 07/01/93 $ 1,000,000 Prod/CoOps Agg [X] Occ [ J CM $ 100000000 Pers/Adv Inj [ ] OCP $ 1,000,000 Occurrence [ ] Expiration $ 50,000 Fire Damage 07/01/94 $ 51000 Medical Exp AUTO LIABILITY Effective A [X] Any Auto 1115889435 07/01/93 $ 1,000,000 CSL [ ] All Owned [ ] Scheduled [X] Hired [X] Non-owned Expiration $ BI (person) [ ] Garage Liab 07/01/94 $ BI (accident) [X] Physical Dam. $ PD EXCESS LIABILITY 07/01/93 $ 210008000 Occurrence A [X] Umbrella 115889466 $ 2,000,000 Aggregate 94 07 01 [ ] Other / / Lmts [ ] Statutor y A WORKERS COMP 1015889421 07/01/93 $ 500,000 Each Accident AND $ 500,000 Disease-Limit EMPLOYERS LIAB 07/01/94 $ 5001000 Disease-Empl Description of operations/locations/vehicles/other JOB: NORTH LAKES PARR PHASE II ADDITIONAL INSURED: CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS, APPLIES EXCEPT TO WC. WAIVER OF SUBROGATION APPLICABLE TO WORKERS COMPENSATION CANCELLATION CERTIFICATE HOLDER I Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the certificate holder named to the left, but CITY OF DENTON failure to mail such notice shall pose no ATT: PURCHASING AGENT obligation o l' bilit any kind upon 901 - B TEXAS ST. the compa , tb reps. DENTON TX 76201 "t ed Re resentative A411401til. - INSURANCE BINDER - .ISSUE DATE (MM/DDNV) 1/93 j 'x 1 0/1 g THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, _ . SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER COMPANY _...-._'BIRDER NO. Leick, Tucker & Knight Insurance CNA - CAM Program 000991 BOX 51639 P.O. EFFECTIVE EXPIRATION _ DATE _ .__TIME DATE _-___TIME ' Dallas, Texas 75251-6309 - _ 12:01 AM AM X g 10/11/93 12:01 PM 12/11/93 NOON - - - THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED' CODE SUB-CODE COMPANY PER EXPIRING POLICY NO: - ;DESCRIPTION OF DPERATIGNSNEHICLESIPRDPERTY (including Location) NORTH LAKE PARK PHASE II INBURED RESTROOM/CONCESSION BUILDING SOUTHWEST INDUSTRIAL CONST., INC. 121 Exposition Denton, Texas 76201 COVERAGES:.. LIMITS TYPE OF INSURANCE t' COVERAGEMORMS AMOUNT DEDUCTIBLE COINSUR. PROPERTY CAUSES OF LOSS 'BASIC ~-,BROAD XSPEC. DIRECT PHYSICAL LOSS ! $ 395, 800 $1,000 1008 X BUILDERS RISK : - : - GENERAL AGGREGATE "I$ COMMERCIAL GENERAL LIABILITY I' (PRODUCTS - COMP/OP AGG.;$ CLAIMS MADE- 'OCCUR - - !PERSONAL 8 ADV. INJURY I S - OWNER'S B CONTRACTOR'S PROT. ,EACH OCCURRENCE - FIRE DAMAGE (Any one fire) - S : RETRO DATE FOR CLAIMS MADE: 'MED. EXPENSE (Nry one Persm) S I :COMBINED SINGLE LIMIT $ ANY AUTO ' - BODILY INJURY (Per Person) 5--- - ALL OWNED AUTOS BODILY INJURY (Per eccitlenq $ j SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS MEDICAL PAYMENTS . $ NON-OWNED AUTOS PERSONAL INJURY PROT. $ I GARAGE LIABILITY ! ' . !6 NINSUREDMOTORIST $ IS AUTO-PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES 'SCHEDULED VEHICLES - ACTUAL CASH VALUE ' I COLLISION: - STATED AMOUNT S , . OTHER THAN COL OTHER EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM 'AGGREGATE 5 OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF-INSURED RETENTION S STATUTORY LIMITS : WORKER'S COMPENSATION . _ . I EACH ACCIDENT $ AND FJKPLOVFA LIABILITY DISEASE-POLICY LIMB - $ - - DISEASE-EACH EMPLOYEE S SPECIAL CONDIT1O9§7MF7V5Vff9= NAMED INSURED TO INCLUDE: City of Denton and All Subcontractors as their Interest May Appear. j NAME & ADDRESS MORTGAGEE ADDITIONAL INSURED LOSS PAYEE LOANX I O7UfF N(•ZED REPRESEN E fir' ACORD 75-S (7/90) Leick, ght nsruance ©ACORD CORPORATION 1990 PROPOSAL FORM a PROPOSAL OF SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. (Name of Bidder) PROPOSAL FOR THE CONSTRUCTION OF A NEW RESTROOM/CONCESSION BUILDING AND A NEW GROUP PICNIC PAVILION AT NORTH LAKES PARK - PHASE 11 (TEXAS PARKS & WILDLIFE PROJECT NO. 20-00401) FOR THE CITY OF DENTON,TEXAS Purchasing Agent City of Denton 901-B Texas Street Denton, Texas 76201 The undersigned hereby proposes to furnish all supervision, labor, material, equipment, tools and necessary accessories for the construction of a new Restroom/Concession Building and Group Picnic Pavilion for North Lakes Park - Phase II bid # 1535, as set forth for the project in the Drawings, Project Manual and Addenda as prepared by RON HOBBS-HOBBS, dated August 4, 1993, Architect's Project Number 9206. The undersigned hereby proposes to furnish all of the above for the lump sum BASE BID amount of: TOTAL BASE BID ) ao ~r~,+rla~ .vne-~-,~!'.vtves~fYt :r fJGI~t.~~~39C1 S'QO and for the alternates as described in Section 01100 of the Project-Manual. ALTERNATE NO. 1: Add the total sum of: 72VE! fe }4 40 gz c„✓n ~a17 I>JA rj-~ $ ALTERNATE NO. 2: Add the total /sum of: NOTE: Amounts shall be shown in both words and figures. In case of discrepancies, the amount in words shall govern. SUBCONTRACTORS I PROPOSAL FORM - Pagel r f? Mechanical L~.B J l1•4,~1G~ Electrical GI/iGlf/ EXTRA WORK Should any change in the work or extra work be ordered, the following applicable percentage shall be added to the material and labor costs to cover overhead and profit. It is understood that the terms "overhead" and "profit" are defined in the General and Supplementary General Conditions. Allowance to Contractor for overhead and profit for extra work performed by the Contractor and supervised by the undersigned Allowance to Contractor for overhead and profit for extra work performed by a Subcontractor and supervised by the undersigned r ADD.ENDf',: The undersigned hereby acknowledges receipt of the following addenda to the Drawings and Specifications, all of the provisions and requirements of which addenda have been taken into consideration in the preparation of this Proposal. Addenda Number p,j~e dated 9.9 .4 3 Addenda Number dated Addenda Number dated Addenda Number dated Addenda Number dated BID SECURITY: Bid security must accompany each proposal. Bid security shall be made to the City of Denton, Texas in the amount of five percent (5%) of the proposal sum. Security shall be either a certified check or bid bond by surety licensed in Texas: The successful bidder's security will be retained until he has signed the contract and payment and performance bonds have been executed. The Owner reserves the right to retain the security of the next two lowest bidders until the low bidder enters into contract or until sixty (60) days after bid opening, whichever comes fast. All other bid securities will be returned as soon as practicable. If any bidder refuses to enter into a contract, the Owner will retain his bid security as liquidated damages, but not as a penalty. SALES TAX EXEMPTION: The contractor shall pay all consumer, use and other similar taxes required by law. Materials which are incorporated into or become part of the project are exempt from sales tax. A "separated contract" will be issued by the Owner which separates charges for material from charges for labor. The successful low bidder must provide separate bid amounts for the labor and materials associated with the project and must acquire a sales tax permit issued by the State Comptroller. The Contractor must execute a resale certificate instead of paying sales PROPOSAL FORM - Paget N tax at the time of purchase. The Owner will issue an exemption certificate for the materials which are incorporated in to the finished project. PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND: The undersigned agrees within ten (10) days after the Contract is executed, to deliver to the Owner a Performance Bond and later a Labor and Material Bond as required in the Specifications. MAINTENANCE BOND: The Contractor shall furnish a Maintenance Bond for an amount equal to ten percent (10%) of the contract price for improvements and shall be for one (1) year from and after the date of Final Payment by the (Owner). CONTRACT: The undersigned agrees that upon notice of acceptance of the Bid, he will execute the attached example of the Contract within ten (10) days from notice of acceptance. INSURANCE: The undersigned agrees within ten (10) days after the Contract is executed, to deliver to the Owner the certificates of insurance and original insurance policies required in the Specifications. TIME OF COMPLETION: The undersigned agrees to commence work under this Contract within ten (10) days after the issuance of the "Notice to Proceed" from the Owner and to complete such work within zx o calendar days from date of such notice. (Contractor to fill in figures.) Time to complete the contract shall begin on the tenth (10th) day after the issuance of the "Notice to Proceed." LIQUIDATED DAMAGES: The undersigned agrees to fully complete the project within the time stated in the TIME OF COMPLETION paragraph above. The undersigned further agrees to pay as liquidated. damages, the sum of $150.00 for each consecutive calendar day thereafter, as hereinafter provided in the Supplementary General Conditions. UNIT PRICES It is further agreed that the quantities of the work to be done and materials to be furnished may be increased or decreased as necessary due to existing site conditions and that all quantities of work, whether increased or decreased, shall be performed at the unit prices set forth below. All labor, materials and equipment required to construct this portion of the project shall be included in unit prices. Unit prices may be given on each item in the following schedule, regardless of whether the quantities are shown and should any items be omitted, the right is reserved to apply the lowest price submitted by other bids. N UNIT PRICE NUMBER 1: Add or delete per lineal foot for drilled piers the sum of : PROPOSAL FORM - Page3 n r;: s x I I I 4 0 ,#Pp a'0•&a2rr. Po-z-&-r4 4-.1s7yrr s UNIT PRICE NUMBER 2: Add or delete per pier for casing of drilled priers the sum of Respectfully submitted, Corporations only fill in the following: Signature 9-9-93 SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. Date Legal Name of Corporation: TEXAS State o Incorporation: 121 EXPOSITION Street Address DENTON, TEXAS 76205 City, State, Zip Code T.E. STANEK ame of Officer - (typed). N s Signature Utticer PRESIDENT 71e- SEPTEMBER 09, 1993 Date N Seal of Corporation: Witness WAYNE BROOKS Dame o Witness - 121 EXPOSITION Street Address DENTON, TEXAS 76205 City, torte, Zip Code 0 Bidders other than Corporations fill in the following: Legal Name of Bidding Firm: Street Address City, State, Zip Code Name o Officer - (typed) Signature of Officer it le PROPOSAL FORM - Page4 rE _ . r d- Bond No . Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we..._SOUTHWEST-.INDUSTRIAL CONSTRUCTORS~-_INC........... 121. Exposition ...--.-_Denton, Texas as Principal, (hereinafter called the "Principal'), and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, of Baltimore, Maryland, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto......... City.. f_-Denton-,._Texas as Obligee, (hereinafter called the "Obligee"), in the sum of.._Five percent of the greatest amount bid Dollars (s 5 .GAB ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for... Concession/RestRoom and Picnic Rauilion-..Euild ings-""""""""-""'------"-°--.•.- NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this First................................ day of........September...................... A.D. 19.93-- ~ ~ AMBER L. REED, SECRET chess SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. T.E. STANEK, PRESIDENTTitle FIDELITY AND DEPOSIT COMPANY OF Witness Robert E. Stalnaker, Jr. - Att C325d-150M. Approved by The American Institute of Architects, A.I.A. Document No. A-310 February 1970 Edition. The FIDELITY AND DEPOSIT COMPANY OF MARYLAND o D© COLONIAL AMERICAN CASUALTY AND SURETY COMPANY ~omParties HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR., Vice-President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute and appoint Robert E. talnaker, _4r., Joe N. Jay, E. M. Adler Richard T. Martin, Karen E. Vester ren Pr'a nd Irmgard Collins, all of Dallas Texas EACH........... e true aml aw agent an orney-m- act o man, to in tare, seal iver, for, and on its behalf as surety, and as its act and deed:any and all bonds and unde ings.. PT bonds on behalf of Independent Executors, Community Sur s and unity Guardians..... o e execution of such bonds or undertakings in pu of these , shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they ha duly ex d acknowledged by the regularly elected officers of the respective Companies at their offices in Bal' d., in o n proper persons. This power of attorney revokes that issued on behalf obert talnaker, Jr., etal dated March 11, 1993. W WITNESS WHEREOF, the said Vice ^r~~``~~sstdent and t Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDEL]J~j~JD DEPOS ANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY this_____ ~i a~ th_yv.,-}-_day of_--------------- July A.D. 19_93 v'- ATTEST: _ AND DEPOSIT COMPANY F: AND SEAL r - - By_ - As Secretary Vice- resident COLONIAL AMERICAN CASUALTY AND SURE OMP 1II tSEAL19; - - - By Vice- resident Assistant Secretary STATE OF MARYLAND COUNTY OF BALTIMORE I SS: On this___ _6 th-day A.D. 19_93, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice-President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swore, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 1 ry- ----------------'-~~~--y0~ CAROL J. FA ER / Notary Public My commission expiresAugust 1_1926 CERTMCATE 1, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and 1 do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2 of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of December, 1991. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Com- pany with the same force and effect as though manually affixed.- IN TESTIMONY WHEREOF, 1 have he~gunto subscribed my name and affixed the corporate seals of the said dCCompanies, ,this day oft.S?.Rta-mber L1419deno 168 C_j Assistant Secretary J CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF TEXAS § THIS AGREEMENT, made and entered into this 5 day of nrmnnuR A.D., 19 ,3_, by and between CTTy OF nr.NTON of the County of DENTON and State of Texas, acting through TT.QVn V_ HARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and STRF.LE-FREEMAN INC. 1301 LAWSON ROAD, FT WORTH, TX 76131 of the City of FT WORTH , County of TARRANT and State of TEXAS , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1521 - DMC RENOVATION in the amount of $ 2,347,000.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal 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 CA - 1 11'1 maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CORGAN ASSOCTATRS ARrHTTFrTS all of which are made a part hereof and collectively evidence and constitute the entire contract. ' Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have 'executed this agreement in the year and day first above written. T'MlP'. ATTEST: VIS(,//.Le✓ GAL%~,(~i Laura Dryden (SEAL) AAA0184D CA - 3 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That STEELE-FREEMAN, INC. , of the City of FT WORTH County of TARRANT , and State of TEXAS as PRINCIPAL, and WEST AMERICAN INSURANCE COMPANY , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON as OWNER, in the penal sum of TWO MILLION THREE HUNDRED FORTY SEVEN THOUSAND AND No/loo-----------------Dollars 2,347,000.00 ) 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 5 day of OCTOBER 19 93, for the construction of BID # 1521 - RENOVATION OF DMC in the amount of $2,347,000.00 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 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 is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 72nd Legislature, Regular Session, 1991, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB - 1 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 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 STH day of OCTORFR 1993 . STEELE 1 By Titl President Address: 1301 Lawson Road Fort Worth, Texas 76131 (SEAL) WEST AMERICAN INSURANCE COMPANY Title'OWIGHT C. 1LCOX, ATTORNEY IN FACT Address: 275 W. CAMPBELL ROAD, SUITE 501 RICHARDSON, TEXAS 75080 (SEAL) The name and address of the Resident Agent of Surety is: DWIGHT C. WILCOX 275 W. CAMPBELL ROAD, SUITE 501 RICHARDSON, TEXAS 75080 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D PB - 2 CERTIFIED COPY OF POWER OF ATTORNEY WEST AMERICAN INSURANCE COMPANY ADMINISTRATIVE OFFICE, HAMILTON, OHIO No. 605 1Rnafu M Men bn Z4ese presents: That WEST AMERICAN INSURANCE COMPANY, in pursuance of authority granted by Article VI, Section 1 of the By-Laws of said Company, does hereby nominate, constitute and appoint: Dwight C. Wilcox of Dallas, Texas its [rue and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as itsactanddeed Any and all bonds, recognizances, stipulations or undertakings excluding, however, any bonds or undertakings guaranteeing payment of loans, notes or the interest thereon. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said West American Company his name and affixed the Corporate Seal of the °pYeq~l,~^aj Insurance Company has s Inhereunto surance subscribed 31st r o October 19 90. =?='1923o`; said West P r this i STATE OF OHIO, Vice President COUNTY OF BUTLER I SS. On this 31St day of October A. D. 19 90 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came John B. Vail, Vice President of WEST AMERICAN INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. s~utwewny IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official ~a.4,00t-Jt4N, Seal at the City of Hamilton, State of Ohio, t and year first above written. 3 Notary Pub is in or of utter, State o Ohio itenMrW~' My Commission expires De-ember 25, 1991.. This power of attorney is granted under and by authority of Article VI, Section 1 of the By-Laws of the Company, extracts from which read: ARTICLE VI SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board, the President, any Vice President, a Secretary, or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint anyy one or more suitable persons as a resident Vice President or a resident Assistant Secretary, or to appoint attorneys m fatt for the purpose of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of surety-ship or guarantee, and pol- icies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereot, or to any county or state, or any official board or boards of any county or state, or the United States of America, or to any other political sub- division. This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on April 24, 1980. RESOLVED, That the signature of any officer of the Company authorized by Article VI, Section I, of the By-Laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed b facsimile to an power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Comppany as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE I, the undersigned Assistant Secretary of West American Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 1 of the by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this Sl day of 6 CA - A.D., 19 n:. 1923 o C p~' S-4295-D W,AM. 6-901Single Copyl Assistant Secretary PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That STEELE-FREEMAN INC. of the City of FT woRTH County of TARRANT , and the State of TEXAS , as principal, and WEST AMERICAN INSURANCE 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 , OWNPonobn_the penal sum of TWO MILLION THREE HUNDRED FORTY SEVEN THOUSAND AND Dollars 2,347,000.00 ) 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 5 day of OCTOBER 19 93 . BID # 1521 - DMC RENOVATION in the amount $2,347.000.00 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the 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 Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 72nd Legislature, Regular Session, 1991, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB - 3 CERTIFIED COPY OF POWER OF ATTORNEY WEST AMERICAN INSURANCE COMPANY ADMDUSTRATIVE OFFICE, HAMII.TON, Dlno No. 605 'tnafa ~AIl Men bg Zhese presents: That WEST AMERICAN INSURANCE COMPANY, in pursuance of authority granted by Article VI, Section 1 of the By-Laws of said Company, does hereby nominate, constitute and appoint: Dwight C. Wilcox of Dallas, Texas its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as itsactanddeed Any and all bonds, recogni--ances, stipulations or undertakings excluding, however, any bonds or undertakings guaranteeing payment of loans, notes or the interest thereon. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of t e Company at its office in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said West American oVOq*t4e'~i Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the said West American Insurance Company this 31St day of October 19 90. a Mtn: ew.3 1923 o!~; _ O htI^1/111\~ rwuu,W``. STATE OF OHIO, Vice President SS COUNTY OF BUTLER . On this 31st day of October A. D. 19 90 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came john B. Vail, Vice President of WEST AMERICAN INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. yuunuuu, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official ~3,,µut trjr`~+ay Seal at the City of Hamilton, State of Ohio, [ and year first above written. r r1 l i 1/ 9 ................_ry........ . utler, State o Ohio Nora Pub is in at oil . 'itpMl~Yyp My Commission expires ......_De.ember 25, 1991.. This power of attorney is granted under and by authority of Article VI, Section 1 of the By-Laws of the Company, extracts from which read: ARTICLE VI SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board, the President, any Vice President, a Secretary, or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as a resident Vice President or a resident Assistant Secretary, or to appoint attorneys to fact or the urpose of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recogmzances, stipulations, undertakings or other instruments of surety-ship or aramee, and pol- icies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereofluor to any county or state, or any official board or boards of any county or state, or the United States of America, or to any other political sub- division. This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on April 24, 1980. RESOLVED, That the signature of any officer of the Company authorized by Article VI, Section I, of the By-Laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE I, the undersigned Assistant Secretary of West American Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 1 of the by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this date. 11 l IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this 5'"~` day of G CI . A.D., 19 4.7 23 apFCB~ f~= »:2 .1 `l !i7; ii I, S 4295-D W.AM. 6-90 (Single Copy) ~~t7 Assistant Secretary 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 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 5TH day of OCTOBER 19 93 - STEELE- By__4" Dave Title Pr Address: 1301 Lawson Road Fort Worth, Texas 76131 (SEAL) N FACT Address: 275 W. CAMPBELL ROAD, SUITE 501 RICHARDSON, TEXAS 75080 (SEAL) The name and address of the Resident Agent of Surety is: DWIGHT C. WILCOX 275 W. CAMPBELL ROAD, SUITE 501 RICHARDSON, TEXAS 75080 AAA0184D PB - 4 WEST AMERICAN INSURANCE COMPANY CERTIFIED COPY OF POWER OF ATTORNEY WEST AMERICAN INSURANCE COMPANY ADMUQSTRATM oerlce, FL"MTON, OH10 No. 605 ?finviv ill fflen hn Z4ese jlreseltts: That WEST AMERICAN INSURANCE COMPANY, in pursuance of authority granted by Article VI, Section 1 of the By-Laws of said Company, does hereby nominate, constitute and appoint: Dwight C. Wilcox of Dallas, Texas its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as itsactanddeed Any and all bonds, recogni--ances, stipulations or undertakings excluding, however, any bonds or undertakings guaranteeing payment of loans, notes or the interest thereon. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said West American ~•opPOp~•,P'1_ Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the said West American Insurance Company this 31St day of October 19 90. 1927 vim= ,!T3 Fiat% " 011'4 STATE OF OHIO, Vice President COUNTY OF BUTLER ) SS. On this 31st day of October A. D. 19 90 before the subscriber, a Notary Public of the State of Ohio, in. and for the County of Butler, duly commissioned and qualified, came John B. Vail, Vice President of WEST AMERICAN INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. ~,PPnunue IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official ~a`+~tµuiitt~t3 Seal at the City of Hamilton, State of Ohio, t and year frst above written. FYI l+ '4 AZ- Notary Pub is in nt of Butl4Sta, f Oh io 191 ~otrttuxxurMe" My Commission expires ember 2 ..............................5...., ...............9...... This power of attorney is granted under and by authority of Article VI, Section I of the By-Laws of the Company, extracts from which read: ARTICLE VI SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board, the President, any Vice President, a Secretary, or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint anyy one or more suitable persons as a resident Vice President or a resident Assistant Secretary, or to appoint attorneys in fact for the urpose of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of surety-ship or guarantee, and pol- icies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America, or to any other political sub- division. This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on April 24, 1980. RESOLVED, That the signature of any officer of the Company authorized by Article VI, Section I, of the By-Laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed b facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE I, the undersigned Assistant Secretary of West American Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 1 of the by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this date. 1 IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this _-day of O C4-, A.D., 19 C'f - 1923 0~? N - S-4295~D W.AM. 6-901Single Copyl Assistant Secretary Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [,rj A. General Liability Insurance: General Liability insurance with combined single limits of not less than _ y,non,nnn shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. AFF006EA REVISED 08/02/93 Insurance Requirements Page 4 [19 Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than Ssnn,nno either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy 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, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits 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 insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. [ I 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 this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. AFF006BA REVISED 08/02/93 Insurance Requirements Page 5 [ I Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include 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 basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. AFF006RA REVISED 09/02/93 } 10..18. 93 12:41 PM tTIFICATE OF INSURANCE urk Luebbehusen Ray S Co. 309 West 7th Suite 0300 Fort Worth, TX 76102- NMI?-336-3382 I INSURED I I Steele-Freemen, Inc. Regina Tucker 11301A Larson Road I Fort North, TX 176131 I) COVERROES I THIS IS 70 CERTIFY I PERIOD INDICATED. MMITHSTANM THE P02 COMPANIES AFFORDING COVERAGE MOW LETTER A RLI Insurance Co. CO11 WY LETTER B TX Yorkers Comp Ina Facility I COMPANY LETTER C Hartford Insurance Co. COMANY LETTER D COMPANY LETTER E I C01 TYPE OF INSURANCE I POLICY IRWBER I POLICY EFF I POLICY EIP I ALL LIMITS IN THOUSANDS I ILTRI 1-1 I I---- 1 DATE --1--- I DATE I I I I I I I GEMERAL LIABILITY I I I I RNAAL AEREBRTE 11000 1 I Al OO C01KRCIAL BEN LIABILITY I CGL 003614 I 107/28/93 I 07/28/94 1 PAOD5-COP/ODS M 11000 1 I-------I I I I I C I II CLAIMS NAPE K] OLS. I I I I I I PEI& t ADVS. INIURY11000 I I I[] ORER' S i CONTRACTORS I 1 I I FA01 OCCURRENCE 11000 1 1 I PROTECTIVE I I I 1 1-1 I I I I I I FIRE DAMAGE I I I I I] I I I I HWY ONE FIRE) - 1 50 1 I I C I 1 I I I MEDICAL EXPENSE I I I I I 1 I I ZANY OE PERSON) 1 0 I I~1 AUTOMOBILE LIAB I I I ~ I I I CSL I I 11000 1 1 1 I I I CI DO AMY AUTO 146 UEN LY1004 07/28/93 07/28/94 1 BODILY IIUURY I I I I I I ALL OWED AUTOS I I I I (PER PERSON) I I I I I I SOEWI.ED AUTOS I 1 I 1 1-1 I I DO HIRED AUTM I 1 I I BODILY IRIIRlY I I I I M N131-01M AUTOS I I I I (PER ACCIDENT) I I I I I I SPARSE LIABILITY I I 1 1 1-1 I I[] I 1 1 1 PROPERTY I I I 1 EXCESS LIABILITY I I I I I MOCC I ASBMTE I I Al DO UDAELLA FOAM I OUL0176692 07/28/93 07/28/941 1 1 1 1 1[] OTITEB THAN UWCJA FORM 1 I 1 1 15000 1 5000 1 I I 1 I I- I STAMORY - - - -I 1 BI YORKERS' COMP ITWCIF - TBD 07/29/93 07/29/94 11000 EADI ACC I I I AND I I 1 11000 DISEASE-PRICY LIMIT I I I EMPLOYERS' LIAB I Separate Cover I 1 11000 DISEASE-EAO( EIPLOYEYI I I OTHER I I 1 1 I I DI Contractor's 146NSLWO359 07/28/93 07/28/94 1 1350 000 1 I 1 Equipment- I 1 I 1 ALL 11I9I I DESCRIPTION OF OPERATIONS/UIXIOWS/011CFS/911ECIAL (PROJECT: Denton Municipal Comp I [BLANKET ADDITIONAL INSURED AND I REQUIRED BY WRITTEN CONTRACT. 1) CERTIFICATE HOLDER ice=-=--- - 1 I ' I CITY OF DENTON = 1 215 E. NCKINNEY = i DENTON, TX = 1 76201 REVISED CERTIFICATE BLANKET WAIVER OF SUBROGATION ON OL AS BE HE POLICY RESSP TO I IS SIRTECT TO I El- OF = RUIHORIIED I RUN CURUl1N fT,°,UC. MCNITLCTS TO 1t3172329113 P. 09 DOCUMENT 00300 BID FORM SUBMITTED BY Steele-Freeman, Inc. (Name of Bidder) 1301 Lawson Road Fort worth, Texas 76131 (Address) Dear Sir: The undersigned, having, examined the drawings, specifications, related documents, and the sites of the proposed work, and being; familiar with all of the conditions surrounding, the work, including the availability of materials and labor, hereby proposes to furnish all labor, materials, and equipment required for General Construction and Renovation of the Denton Municipal Complex in accordance with the drawings and project manual prepared by Corgan Associates, Inc., Architects, for the lump sum BASE BID amount of. BASE BID: !.%%c, Note: Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern. Note: The above amount does not include State of Texas Sales Tax. The undersigned affirms that the above stipulated base bid sum represents the entire cost per drawings, specifications, and addenda and that no claim will be made on account of any increase in wage scales, material prices, taxes, insurance, cost indexes, or any other rates affecting the construction industry and/or this project. Should the undersigned fail to deliver the signed Contract or the required Bonds within the 10 day period, the Bid security accompanying this Bid will be forfeited to the Owner as liquidated damages. UNIT PRICES Unit prices shall cover cost of materials in place, including all labor, materials, equipment, incidentals, services, overhead and profit. 15 June 1993 00300 - 1 CAA 92029.00 _ . ..u wnn r ,Uul . I IKUM I I LL I b 10 10172327113 P. 10 Unit Price No. 1: Base Bid is based on drilling piers to depths indicated on Drawings and includes drilling, reinforcing, mixing and placing concrete. Adjustments of Contract amount, made on actual depth of drilled piers, will be made on basis of sum of net differences in length of each pier size multiplied by unit price stated for that pier size. 11eaa U24 Add Deduct 1. Drilled Piers Lineal Feet - IT OV s is °O s o (without casings) of Pier 18" s-1.5 S 24" $ 1 y % s 2 s" 2. Casings for Uncal Feet - 12" S['~ $ 0 Drilled Piers of Casing 18" $ 1 S% $ in 24" $ 11 , ( $ p oz- Unit Price No. 2: Base Bid is based on Automatic 'T'emperature Controls (Specification Section 15908) sub-contractor bidding CSI per plans and specification. Item 1. CSl Price r Alternates: The undersigned agrees to the following additions or deductions from the Bate Bid Sum if the listed alternates itcmized below arc accepted by the (honer. Alternate prices include all variations in profit, overhead, bonds, insurance and similar related items, and represent the total cost to the Owner for each Alternate. Alternate No. 1: Install ton framed windows at column line 1, Sheet A2. Provide 7/8 hat channels and gypsum board furring at exterior wall per detail 6/A10. Add two windows per sketch SKA-3 as located below grid line 16 and 17 on 2/A8. Add to Base 4id the following amount: fs, v "P..'.r~ . A Dollars Alternate No. 2: Install porcelain paver tile in room #100A and 1008 and in corridors 235, 236, ?A5 and 246 in lieu of scheduled VCr. Add (o Base Bid the 15 June 1993 00300 - 2 Dollars CAA 92029.00 Oz nuu-nj-ij•jS 17:17 PfdOM CUkGNJ ASSOC. MCHITECTS TO 10172329113 P.11 Alternate No. 3: Add Toilet Room No. 230 and associated plumbing and finishes. Add to Base Bid the following amount: 1) el e-.A - ~A„A- _Q Dollars (S •7 0 o to Alternate No. 4: Add Break Room #134 and associated plumbing and finishes. Add to Basq Bid the following amount: Dollars Alternate No. 5: Add Break Room #219 and associated plumbing and finishes. Add to Base Bid the following amount: Dollars Alternate No. G: Add sidewalks marked A, B, C, and D on Sheet A-1. Y sign per Sheet A-C. Add to ~iase Bid thy following I. / - 0" - - _ - A' yo0o ) benches and ,/0/5000 Alternate No. 7: Alternate bids for Specification Section 15908: Automatic Temperature Controls per plans and specifications. Add/Deduct the following amount: u.~ Lc. CMG (-+J--) WO Bid Security: Bid security accompanies this bid. Bid security is made payable to the City of Denton in the amount of five percent (5%r,) of the Bid sum. Security shall be either a certified check, cashier's check or bid bond by surety licensed in Texas. Fnelosed with this proposal is bid security in the Sum of _ FIVE PERCENT OF THE BID SUM Dollars (S 5 % 15 June 1993 00300 - 3 CAA 92029.00 ,1UU-u.,-1w3 .(;1'I I-NuM WHUIN I)SSUC. FUCHIILCTS 10 10172329113 P.12 Time of completion: The undersigned agrees to commence work under this contract within 10 days of receipt of written Notice to Proceed from the Owner, and to substantially complete the entire work for the project as follows prior to -400 cal n ar davc Addenda: The undersigned hereby acknowledges receipt of the following addenda to the Drawings and Specifications, all of the provisions and requirements of which addenda have been taken into consideration in the preparation of this Proposal. Addendum No. 1 dated 8-5-93 Addendum No. 2 slated 8-9-93 Addendum No. dated Addendum No_ dated Addendum No. dated Attachments: The undersigned hereby current and complete AIA Document Date: na_ln-4-A Title to this Proposal Form a ion Form Name of Firm .41-aale-Freeman, TnC. Organized as a: (Mark one) Proprietorship Parmership Corporation x Under the law of the State Of:_scxac Legal Address: 1301 Lawson Road Fort Worth, Texas 76131 (Date) 30, 1 QQZ s I'clcphonc No. iR l7l 2a2-474 If Did is by a corporation, affix seal above address. END OF DID FORM 15 June 1993 00300 - 4 CAA 92029.00 (-A Q The Ohio Casualty Groupof insurance Companies 136 North Third Street, Hamilton, Ohio 45025 TEXAS IMPORTANT NOTICE TEXAS AVISO IMPORTANTE To obtain information or make a complaint: You may call The Ohio Casualty Group's toll-free telephone number for information or to make a complaint at 1-800-843-6446 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. Hox 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or The Ohio Casualty Group of Insurance Companies first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not beacame a part or condition of the attached document. FCW OC 2433 (4/92) Para obtener informacion o para soimeter una queja: Usted puede llamar al numero de telefono gratis de Ohio Casualty Group's Para informacion o para someter una queja al 1-800-843-6446 el Departamento de Sequros de Texas para obtener informacion acerca de eompanias, eoberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Depa>tamento de Seguros de Texas P.O.Hox 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputes concerniente a su prima o a un reclamo, debe commicarc„e con el agente o la Ohio casualty Group of Insurance Companies primero. Si no se resuelve la disputa, puede entonces comunicarse con el depaztamento (TDI)- UNA ESTE AVISO A SU POLIZA: Este aviso es solo Para proposito de informacion y no se convierte en parte o condicion del documlento adjunto. The Ohio Casualty Insurance Company - West American Insurance Company - American Fire & Casualty Company The Ohio Life Insurance Company-Ohio Security Insurance Company -Ocasco Budget, Inc. 1, CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 5 day of OCTOBER A.D., 19 93 , by and between TBE CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and OSCAR RENDA CONTRACTING INC., #7 BENSON, IN., ROANOKE, T% 76262 of the City of ROANOKE County of DENTOx and State of 'PFYa1C , 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 bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1542 - UNIVERSITY DRIVE SANITARY SEWER in the amount of $577,145.00 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), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes t ~ CA - 1 *..all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ENGINEERING 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 this contract, such payments to be subject to the General and Special Conditions of the Contract. i It I ! fCA: - 2 ~tt -L. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. wm 1o . CITY OF OWNER (SEAL) ATTEST: d<sq- -iSmcn_ 14 {c !L (SEAL) AAA0184D sP, CAa ~ 3 IF A r ('jeo~rg ~ PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON Bond #13-09-25 KNOW ALL MEN BY THESE PRESENTS: That OSCAR RENDA CONTRACTING INC. , of the City of ROANOKE County of DENTON , and State of TEXAS as PRINCIPAL, and 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 FIVE HUNDRED SEVENTY SEVEN THOUSAND ONE HUNRED FORTY FIVE and no/loo Dollars 577,,ez nn ) 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 5 day of OCTOBER , 19 93, for the construction of BID # 1542 - DNIVERSITY DRIVE SANITARY SEWER in the amount of S577-145-on 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 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 is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 72nd Legislature, Regular Session, 1991, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. 1~ t PS'- 1 ` 't.. 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 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 12th day of October , 1993 LI-L THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA Pr Titled ~C Address•4-2 grzala DQu LO (SEAL) Address: 1999 Bryan St., Ste. 1700 Dallas, Texas 75201 (SEAL) The name and address of the Resident Agent of Surety is: Mandicl,s I GReehhaw boucl JCt6 e 41828 I c~l(ccs. i NOTE: Date of Bond must not be prior to date of Contract. ■i AAA0184D r. PB - 2 POWER OF ATTORNEY The Insurance Company of the State of Pennsysia Principal Bond Office: 70 Pine Street, New York. N.)'. 1o270 No. 09-E-462-35-6495 KNOW ALL MEN BY THESE PRESENTS: That The hisurance Contpany of the Stale of Pennsylvania, a Pennsylvania cnrporalion, does herehy nppntnt ---.tames C. Albright: of Dallas, Texas--- its true and lawful Anorney(s)-in-fact, with full uLilhorily to cseeute on its behalf honds, undertakings, rucognizances and other contracts of indemnity and writings obligatory in the nutUlC [hereof, issued in the course of its business, and to bind the company thereby. IN WITNESS WHEREOF. The Insurance Qnntpany of [he State of Pennsylvania has esentted these prcuems nt is 26 day of cb-tD u Mark E. Reagan, ,1993. Vice Presiclenl. STA9L OI'NEW YORK 1 COUNPY OFNFW 1ORKls.s. ()n this 70 dap,-l' Nlav ,199 before me came the above named illicco of l'hc InsIlalICa Company of the Slane of Pennsylvania. in ntc personally known to PAULETTE K. WILLIAMS " Notaty he the individuad and nllicer dCSClllbed herein, and aoknuwlcdgcd Public, State of New York No. 31-4972606 that he osecuted the fbregning instntment and al'flxed the scol of Qualified in New York County said eorpnmtion thernn by amhonty of his office Certificate Filed in New York County Commission Expires October 1, 1kl/ CERTIFICATE Escertils of Resolution udopled by the Board of Directors of The InsLildllCC Contpany of the Slalc of Pennsylvania, on May [8, 1970 "RESOLVED, that the Chuirntmt of the Roun1, the President, or any Vice PTesidenl he, and hereby is. aulhorized to appninl Annrncys-in-Fact to represent and act for and on behalf of the Company to enecute bonds. Linde rtakl ngs, rccngnizart!" and other contracts of Indemnity and writings ohllg:nory in the nature thereof, and to attach thereto the corporate seal of the Contpany, in the Irall SatrllOa of irS Surety hasloCSS; 'RESOIVED, that [rte signatures and ateStalionS Uf such 0111CCrs and the seal of the Company may he afliscd to any such Power of Attorney ca (c) any certificate relating Ihcrclo by facsimile. and any such Powcr nl' Attorney or ecrtil'ieam )caring such facsimile eignum res or lacsimile seal Shall be valid and binding upon the Contpany when so Itheed with i"pcCI ID any hand, undenukmg, Teengni2:nce ur plhGr fool ru Cl of indemnity or writing nhllgalOly in the nature thercaf; 'RESOLVED. Thal airy such A[lorncy-in-Pact delivering a sec'ei'mul mcrtifiralion that the foregoing resolutions still he in clica may insert in such eradication the date thereof, said date In be nor lulu, than the date of ddiecTy thccool' by such Attorney-in-Fact." I, Elizabeth M. 'Iltck, Secrewry of The 111SU mcc Company of the State of Pennsylvania. do herehy certify that the foregoing ezcerpls of Resolution adopted by the Board of Directors of Ihls corpnmlion. and the Powcr of Ailurncv ieSLICLI pLirsu;uv Iheici arc true :ntd correct, and Thal bath the Resolution and the Power of Attorney arc in full IllITC and liberal. IN WITNESS WHEREOF. I have hereuni, Set my hand and of l'Lscd the facsimile seal of the mrpnrttion (iti, 12th day id October , 19 93, Eli-raheth M. Tuck, Secretary Bond #13-09-25 PAYMENT BOND STATE OF TEXAS 5 COUNTY OF DENTON 5 KNOW ALL MEN BY THESE PRESENTS: That OSCAR uunmA CONTRACTING INC. of the City of ROANOKE County of DENTON , and the State of TEXAS , as principal, and 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 FORTY FIVE AND no/100-- MW THOUSANn QKE HUNnHED Dollars 577.145.00 ) FIVE HUNDRED SEVENTY SE 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 5 day of OCTOBER 19 93 . BID # 1542 - UNIVERSITY DRIVE SANITARY SEWER . the amount' of ¢577 14s On j to which contract is hereby referred to and made a part hereof as L 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 Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 72nd Legislature, Regular Session, 1991, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB ` 3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in 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 signed and sealed this instrument this 12th day of 1993 . 050P Address: ~ AOZK6 a:LL -7&040, (SEAL) The name and (SEAL) of the Resident Agent of Surety is: Surety have October Address: 1999 Bryan St., Ste. 1700 Dallas, Texas 75201 AAA0184D PB - 4 - .,p. Title L T' THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA The Insurance Company of the State of' Pennsylvania- POWER OF ATTORNEY Principal Bond Office: 70 Pine Slrcel, New York. N.Y. 10270 No. 09-E-462-35-0494 KNOW ALL MEN BY THESE PRESENTS: 'nil he Insnrance Company of the Stale of Pennsylvania, a Pennsylvania cotpnralion, does herehp appoint ---.lames C. Albright of Dallas, Texas--- its true and lawful Attorney(s)-in-FaCt, with full aUthnl'ity ill cmcute on its behalf hoods, undertakings, recognizances and other eontr:¢ts of indeninity and writings obligatory in the nature thereof, issued in the Course of its business, and to bind the company themby. IN WITNESS WHEREOF. The iesermce Company of the Stale of Pennsylvania has executed these pre,ems - illls 20 day 'Of d". 0 B 0 0 Mark E. Reagan, STATE OF NEW YORK ! COUNTY OF NEW YORK)ss. 1993. Vlcc PI'csidctll. i (hl this 26 day nl May 1993, Cr~^r /I V.i. l~f'~f k TY J before me canm the allow named nllicer Ill' the Insuran,, Company of the State of Pennsylvania, w mu personally known lu PAULETTE K. WILLIAMS Notary Public, State of New York be the individual and officer descrihed herein- and aeknowlcdgcd No. 31-4972606 that he eeecuted the Inregoing illstramenl and alli.xed the sctd nl Qualified in New York County said cotpoa'olion (hereto by mIIII0oty of his nlfICC. Certificate Filed in New York County Commission Expires October 1, lA.'i CERTIFICATE E.ecerpls of ResalUlion adopted by the Boal'd of Dircetnrs of The 1115nratlCC ('nnlpany of the Slate of Pennsylvania, nn May la, 1976 "RESOLVE.D, that the Chnifmaa of the Board, the President, or any Vice PicsWcnt hu, and hereby is, aathorizcd to appoint Aurnrncys-in-Fact to represent and act for and on behalf at'the Company m e.mnne bonds. Undertakings rccngnira news and other coot races of indcmnily and writings ohligato y in the nature thereof, and to attach thereto thU corporate seal of the Company. in the transaction of Its wrCly huSMSSS~ "RESOLVED, that Ilse signatUres and aaestations of Such of I'imrs and the Seal of the Company may he alTi.xed W day such Power of Allotncy or m any certificate relating thereto by facsimile. and ally such Power nl' Atltnncy ur ttnil'irtm hearing such facsimile signatw'cs or Iacsimile seal shall be valid and hinding upon the Company when so tilli.xed with respect to any hood. undcrm Ring. renngnlzan¢ I, ul her COnRa❑ of indemnity or Writing nhligatnry in the nature Ihereol "RESOLVED. that any such Altw'ncy-in-I act delivering a secretarial eerlilicaliun Ihul the foregoing resolutions still be in el'I'ecl may insert in such certification the date thereof. Said date w he not later Than the dale iddeIIVCIy Ihcrcol' hySUCII Auorlley-in-Fact'" 1, Elizabeth M. Tuck, Secretary of 'ncC Insurance Company of the State id 11cnnsylv:mia, do hereby coolly Illat the foregoing escerfas of Resolution adopted by the Board of Directors of this ctmporatiun. and the I'uwcr of Auunlcy issued pUlsmnt Ihcreto. are true and mrrecl, and [hill hinh the RCSllhltlon and the Power of Atiorncyarc in full force and effect. IN WITNESS WHEREOF. I have hnl'unaht scl my hand :Ind affixed the lacsinlile seal of the coti-aaahon this 12th day of October , 1993 . Eli-rabedl M. Tuck, Secrclary Bond No. #13-09-25 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That OSCAR RENDA CONTRACTING as Principal, and 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 FIFTY SEVEN THOUSAND SEVEN HUNDRED FOURTEEN AND 50/100 Dollars 57,714.50 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 OSCAR RENDA CONTRACTING INC. has this day entered into a written contract with the said City of Denton to build and construct HID # 1542 - UNIVERSITY DRIVE 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 therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in 'MB - 1 t accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each days 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 Oscar Renda Contracting, Inc- as Contractor and Principal, has caused these presents to be d~~ bLS. executed by and the said The Insurance Company of the State of Pennsylvania as surety, has caused these presents to be executed by its Attorney-in-Fact James C. Albright and the said Attorney-in-Fact has hereunto set his hand this 12th day of October , 19 93 SURETY: THE INSURANCE COMPANY OF THE STATE O PENNSYLVANIA BY: James/ Albright Attorney-in-Fact PRINCIPAL: AAA0184D 4'.p... I .M.B6_- 2 POWER OF ATTORNEY The Ihsurance Company of the State of Pennsylvania Principal Bond Ollice: 71) Pine Street, New Murk. N'.Y. I112711 ~ Nor. 09-E-462-35-6493 KNOW ALL MEN BY THESE PRESENTS: That The Insurance Company of Ilse Stale of Penn ylvanla. a Pcnn.cylvania corporation, does herehy appoint ---,fames C. Alhi ight: of Dallas, Texas--- its true and lawful Attorney(s)-in-Pact, with full awhorily to c.eecuN, on its behalf hands, undertakings, ccognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the Course of its husiness, and to hind the company thereby. IN WITNESS WHEREOF. 'rhe Insurance Company of the Stull; of Pemt,ylvania has executed these presents ~a o ~ this 26 day 1993. Mai k E. Reagan, $+Tnhi Vice President STATE OP NE\V YORK I YORK}ss. COUN`T'Y OF NEW On This 26 day nl M:IV 1993, .~L before me Came 1'11c above maned ufl'iccr of 'I lie Ins alicc Company of Thu Slmc of Pennsylvania, to ntc pccsonally knrnvn Ill PAULETTE K. WILLIAMS Notary he the individual and nhicer described herein, and acknowlcd,CLJ Public, Slate New York No. 31-4972606 that lie executed the foregoing in5lnrmenl and al'lmd Thu soul of Qualified in New York County County rolporalinn thn'em by aulho riry of his nlf ice. Certificate Filed in New York CoY" Commission Expires October 1, 19c';%df CERTIFICATE Excctpts of I2esolulina adopted by the Rnard of Dheelurs of'Phe Insm:nm Company of the Stine of Pennsylvania, can May 18, 1976 "RESOLVED, that the Chairman of the nnard, the President. or any Vice President hc, and hereby is. anholized to appoint Auol'ncys-in-Fact to represent and act tot' and on behalf of the Company to execute hands undenaldngs. recngnizanuee and other cnntraCls of indemnity and writings ohlignory in the nature thereof, and to attach thereto the Corporate seal of the Company. in rte trnnsuelion of its surely husiness; "RESOLVED, that the signatures and atiCSmliOns A such 0111CCrs and the seal of the Company may hu zfliscd to illy such Power of Attorney in it) any certificate relating thn'eto by facsimile and any such Power it Attnrncy of rn'lil eau hearing such facsintllu signatures nr facsimile seal shall he valid and binding upon the Company when so affixed with respect 10 any hond. undertaking. lucngni[ance of ultra' conlrael of indemnity nr writing obligatory in the nature thelcol "RESOLVED. that any such Almrncy-in-Pace delivering a sucrctoliul ccnihc[n ion that the lor'egning resolutions slill he in effect may insert in such certification the dale thereof, said dale to he not lain thin Ilse dale of delivery thereof by such Attorney-in-l-acC I, Elizabeth M. 'Puck, Secrclary nl' The InSnlalooc Company of the Sink of Pennsylvania, do hefehy cenily that the fnl'egoing excerpts of Resolution adopted by the Board of Directors of this [nl'pnl'alinn. and the Pnwcr of Altnrncy is>ucd pOl:Nanl Ihel'clo, are IraC and correct, and that both the Rcsnlulinn and the Power of Attorney arc in full force and el'lecl. IN WITNESS WHEREOF.] have hemunln sci nhy hand and al'li'ed Inc I'acsinhile seal of the Corporation tills 12th day of October 1993 Elizabeth M. Tuck, Secretary 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 endorse-ments as prescribed and provided herein. If an apparent low bidder fails 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 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 as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A • Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its AFF006RA REVISED 09102193 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. • Liability policies shall be endorsed to provide 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 insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • All policies 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 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 give 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 providing 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 Liability 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 evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. AFF006RA REVISED 08/02/93 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [A A. General Liability Insurance: General Liability insurance with combined single limits of not less than _ soo,ooo shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. AFF006RA REVISED 08102/93 Insurance Requirements Page 4 &1 Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than i,ooo,ooo either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non-owned autos. [g] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits 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 insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. [ 1 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 this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. AFF006RA REVISED 08/02/93 Insurance Requirements Page 5 [ 1 Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ 1 Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include 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 basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. AFF006RA REVISED 08/02193 SENT BY:Mondics/Greenhew Ins. ;10-14-93 ; 3:55PM ; 2149871955-+ 1 817 382 48927# 2 mondios/Greenhaw Ins. Agencies 8235 Douglas Avenue, Suite 828 Dallas, TX 75225 (214) 739-4800 Oscar Asada Contracting, inc. #7 Denson Lane Aoaaoke, Texas 76262 IS TO CERTIFY 7HAT THE POLICIES OF INSURANCE LMED An D, NOTWNHSTANOWQ ANY REQUIREMENT, TERM OR 0 IFIOATE MAY BQ ISSUED OR MAY PERTAIN, THE INSURANCI USIONS AND CONDITIONS OF OUCH POUCIEL ULOTO BHC TM OF NKNUW B : IOLIOY aBaDl . MIL;iQ5FY I ="M E DIBAM LMBLRY QLEPMM MA. MADE ( X'JOauL I DMNaFB A CaNm101ONE NWT. , ANY AUTO AU. COED AUTOS 800OL ED AUTOS HRBD AU7% BAF0nw QAAAOB LWpUIY X I IA011VI1A Forts _..I OTN61 TBN UMMIA FOIN NORIM" oo11111mIMTBN An avpOYDIM LNDLIY OTNm1 EQQIPRI:NT FLOAT NAIIC1D" TIC 617000 DDES NOT AMEND, RUM OR ALTER THE COVEDAOE APPOF POLICIES BELOW. COMPANIES AFFORDING COVERAGE r~ A Home Insurance Company . 8 Argonaut Insurance Company OWANY 4. LOW Doww D MsnNT Da' E LUM BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ANY CONTRACT OR OTHER DOCUMENT WRH REBPEDT TO WHICH THIS BY THE POLICIES DESCRIBED HEREIN IB SUBJECT TO ALL THE TERMS, AS BEN REDUCED BY PAID CLAIMS. y............ ; ►OIIOT NROIM 'MILtlY 01m . . A1A110B LOUIS BATE (MMAM" I BA1C(NMNOIY'q /03./83 03/01/941,!s.°.°KI......!•!. I I Fpm DAMASK wry a«, N i 1 IINL RBDtlN (Nq 0°° F ODODOM~ ANBLE /01/93 : 03/ 01/ 941 sonny mm"""""""' 1 1 sw P610N I i BODLY NM i 1 OW udd" r "Kraw DAMAOE /01/93 1103/01/ 3 110/15/9 /01/93 03/01/94 Dacurrsnce I ;Deductible Er THE 1,000, 2,500,00 1 OF ONp417gNNAGTIeeNeNOLWIFBOML Bela T Contract #1542 / Jobf University Drive Sanitary Sewer rtifioate holder i name as additional insured with respects to Deral liability an automobile liability coverages. of Denton Denise Lasing Department n, Texas OCT 14 '93 16:05 SHOULD ANY OF THE ABOVE DTUTCNBED POUCIES BE CANCELLED BEFORE THE ENPIRATON DATE THEREOF, THE ISaNINQ COMPANY WILL ENDEAVOR TO MAIL --U DAYS WRRIEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE To MAIOCE SHALL IMPOSE NO ORUGA71ON OR UABBITY OF ANY PANY,, I%AQEHTS OR RPPRESENTATIVES. 2149871955 PAGE.002 University Drive Sanitary Sewer BID TABULATION SHEET WORK DAYS 100 BID NO. 1542 PO NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 2.12-A 21" Sanitary Sewer $ / $ 0'-6' Deep 470 LF $ /1l? /LF $ ;2a 6d 6'-8' Deep 340 LF $ /LF $ /6,3ao 8'-10' Deep 99 LF $ 7g AF T $ L`7SoZ 2.12-B 15" Sanitary Sewer $ / $ 0'-6' Deep 0 LF $ /LF $ 6'-8• Deep 1,100 LF $ /LF OO 81-10' Deep 3,349 LF $ /LF $ I Q 101-12' Deep 1,411 LF $ - -1 /LF $6~ g~ Q 12'-14' Deep 1,160 LF $ L~,L /LF $ sl rya 141-16' Deep 380 LF $ qg /LF $ g 16'-181 Deep 380 LF $ 1-t8 /LF $ / S 24 18'-201 Deep 230 LF $ /LF $ 2.12-C 8" Sanitary Sewer 78 LF $ IL~ AF T $8 2.12-D 24" Casing (Ductile Iron) 18 LF $ /LF SD $ 940 6.4-A 27" Bore and Casing 100 LF $ 7~yb /LF $ DDD 6.4-B 18" Bore & Pressure Grout 96 LF $ /LF $Ip SP-42 Remove Sanitary Sewer 14 LF $ /bD /LF $,L~0d WS-11 Sewer Service 1 EA $ oc^.DO /EA $ ~00 7.6.A-1 5' Manhole 23 EA $ l QO/EA $ ^'~O 7.6.A-2 5' Drop Manhole 8 EA $ / QO /EA I $'Z g~ - Break Into Existing /000 AtA 00 P - 3 y.' Un4versity Drive Sanitary Sewer BID TABULATION SHEET WORK DAYS 100 BID NO. 1542 PO NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL WS-16 Abandon Manhole 1 EA $ ~ob "EA $ J c.i~ 3.B Remove Curb & Gutter 48 LF $ 3 /LF $ I,L~ 3.A Remove Concrete Paving 670 SY $ I /SY $ o~-tl S~ 3.c Remove Concrete Walks and Drives 18 SY $ 0 /SY $ O 8.2-A Concrete Curb & Gutter 48 LF $ D /LF $ 'z g® 5.8 6" Concrete Paving 670 SY $ 30 /SY 8.3-A Concrete Sidewalk 18 BY $ /SY $ SP-2 Concrete Saw Cut 2,013 LF $ /LF $ Lj,,^,2 SP-41 Asphalt Saw Cut 8,532 LF $ /LF $ g'~ .S SP-4 Lower Waterlines 1 EA $ / /EA $ ©o 7.6.A-3 10' x 4' Junction Box 1 EA $ y'OOO /EA $ y' DOO SP-37 Excavation Protection 8,236 LF $ t /LF $ / 3.1 Right-of-Way Preparation LS $ /LS 8000 $ 0 gDOo 3.12 Temporary Erosion Control LS $ 3 BOO /LS $ 31 000 SP-39 Project Signs 2 EA $ OCl!/ /EA $ /OOa SP-10 Rock Excavation 9,625 CY $ 3 /CY $ i?A 72- 1.21 Contractors Warranties and Understandings LS $ 1000 /LS $ /0,90 , 8.1 Barricades, warnings Signs and Detours LS $ /LS 6,006? $ D~ Materials Incorporated Into Project Plus Labor $577, $^77 ~~y J f Other $ / $ Total $ P - 4 BID SUMMARY TOTAL BID PRICE IN WORDS_•1-N In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials 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 certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. CO~N'1'~~ BY Street Address City and State Seal 6 Authorization (If a Corporation) 1 elephone B - 1 ri A 161nsurance Company American Home Assurance Company Granite State Insurance Company The Insurance Company of the State of Pennsylvania National Union Fire Insurance Company of Pittsburgh, Pa. New Hampshire Insurance Company i M Worldwide fC9andine ne American International Companies Principal Bond Office 70 Pine Street, New York, N.Y. 10270 BID BOND (AIA 310) unto KNOW ALL MEN BY THESE PRESENTS: That OSCAR RENDA CONTRACTING, INC. THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA CITY OF DENTON, TEXAS as Principal, and , as Surety, are held and firmly bound FIVE PERCENT (5%) OF THE AMOUNT BID Dollars for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for UNIVERSITY DRIVE SANITARY SEWER NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered h1' said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed, sealed aRd dated SEPTEMBER 2, 1993 OSCAR.AENDA CONTACTING, INC ~ Iwilt~ 1 Bond No. I IF a 23373 13/841 f ~ incipaly~/~/ 159a11 {{{---~yy-::: By (.pq (~A'/Vl'"r\`~.JpA (title) THE INSURANCE COMPANY OF THE By it c. as Obligee, in the sum of 'I-'k~.l(rtiuranrc l u~Ll1:u1) ill Ihu ~1.ilc ICI I`c(ui~lll;inl,r h\O\\ \1.1 \IL:\ BS 'I'Hi.nl PKI I.'nn . I, -A'i II.,LI _.I IJ Ii 1 . - : IN 1NITTSti W1 )I w ' .e w ~f:11l~n1'~If~11_r rl^h r .l tii1 ul '~.1 xr ~Pl. i'+ 1\11 1N7 117 I i 1':I<\ I:1 1 ..r.~. r n the i•. . .I I'am~ ~ _ oA ~ '~'~1° i._ ha rn- Ltidu',II ..nJ t~I IICiI r•.IVd Wr._ia I _ lilol _ CcCCVICd l I' _ li el UWe:11 .II C a 0 Na l.J Ce,r ~eiJ :.Ip 1-:W.u lh r. nm. r, ~n14., aIV._ Y"r'o lC9^Jy ~mm~ on :xph9s ~ ucer 1, 19_J,' CEW IFl G TI: I I.:I::.. i•_,!I \I I'u.h ~ rr._., r,,. Ir. i..,. I..-. i.:. I _ I. .,.u .~.b hl~,il 1\ 11I I\LSS NHERFo)I , 2ND SEPTEMBER 1,93 o ( I 1=1i,.J:~i I. Al lord ltrr;l.u~~ i A, COMPLAINT NOTICE Should any dispute arise about your premium or about a claim that you have filed, contact the insurance company or agent that issued the bond. If the problem is not resolved, you may call the Texas Department of Insurance's toll-free number - 1-800-252-3439 - for assistance in filing a complaint or mail yMr tten complaint to the Texas Department of Insurance, P.O. Box 1Austin, Texas 78714-9091, Fax #(512) 475-1771. This notice of complaint procedure is for information only and does not becom a part or condition of the bond. 11A CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this OCTOBER A.D., 19 93 , by and between Tend fix day of THE CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and William J. Schultz, Inc., dba Circle "C" Construction Company 500 W. TRAIM ELL, FT WORTH, TEXAS 76140 of the City of FT WORTH , County of TARRANT and State of TEXAS , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR-hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1541- COOPER CREEK 15" SANITARY SEWER in the amount of $263.757.50 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 _4 k. .1 Ci, _ 1 ,F. all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by EN-TNEVRTNG AND TRANCVnRTATMN 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 servibes 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 price or prices shown in the Proposal, which contract, such payments to be subject to the Conditions of the Contract. in current funds the forms a part of this General and Special F CA 2 r. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: k0~ I WILLIAM J. SCHULTZ, INC., DBA CIRCLE °C° CONSTRUCTION COMPANY CONTRACT R By Title W LLIAM J CHULTZ, PRES. (SEAL) AAA0184D PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § WILLIAM J. SCHULTZ, INC., DBA KNOW ALL MEN BY THESE PRESENTS: That CIRCLE "C" CONSTRUCTION OMPANY i of the City of ,rr wnnmR County of TARRANT , and State of _ TEXAS as PRINCIPAL, and SAFECO INSURANCE COMPANY OF AMERICA , 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 Two HUNDRED EIGHTY THREE THOUSAND SEVEN HUNDRED FIFTY SEVEN AND 50/100-- Dollars ( $ 2RZ, 757 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: . WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 5 day of OCTOBER , 19 93, for the construction of BID # 1541 - COOPER CREEK 15" SANITARY SEWER in the amount of $283,757.50 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 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 is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 72nd Legislature, Regular Session, 1991, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. t:: PBr, -i; 1 . :r.. 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 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 19TH day of OCTOBER 19 93 . WILLIAM J. SCHULTZ, INC., DBA CIRCLE "C" CONSTRUCTION COMPANY SAFECO INSURANCE COMPANY OF AMERICA Principal- urety. By Title WILLIAM J. SCHULTZ, PRESIDENT Title SHERYL A. KLUTTS, ATTORNEY-IN-FACT Address: P. 0. Box 40328 Foht..Worth, TX 76140 (SEAL) Address: Safeco Plaza Seattle,, WA 98185 (SEAL) The name and address of the Resident Agent of Surety is: JOHN A. MILLER & ASSOCIATES, INC. 234 Emma Street, Fort Worth, TX 76111 NOTE: AAA0184D Date of Bond must not be prior to date of Contract. 4 9,. PB - 2 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § WILLIAM J. SCHULTZ, INC., DBA KNOW ALL MEN BY THESE PRESENTS: That CIRCLE "Cu CONSTRUCTION COMPANY of the City of FT woRTR County of TARRANT , and the State of m~vzc as principal, and SAFECO INSURANCE COMPANY OF AMERICA 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 TWO HUNDRED EIGHTY THREE THOUSAND SEVEN HUNDRED F DO11aETSN , 4283,757.50 ) 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: WHEREAS, the Principal has entered into a certain written contract with the owner, dated the s day of MmnAFA 19 93 BID # 1541 - COOPER CREEK 15" SANITARY SEWER to which contract is hereby referred to and made a part hereof as fully and to the same extent as,if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the 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 Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 72nd Legislature, Regular Session, 1991, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB;v 3 p 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 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 19TH day of OCTOBER 19 93 . WILLIAM J. SCHULTZ, INC., DBA CIRCLE "C" CONSTRUCTION COMPANY Principal By. i Title WILLIAM J. SCHULTZ, PRESIDENT SAFECO INSURANCE COMPANY OF AMERICA Surety Title SHE en A. KLUTTS, ATTORNEY-IN-FACT Address: P. 0. Box 40328- Fort Worth, TX 76140 (SEAL) Address: Safeco Plaza Seattle, WA 98185 (SEAL) The name and address of the Resident Agent.of Surety is: JOHN A. MILLER & ASSOCIATES, INC. 234 Emma St., Fort Worth, TX 76111 AAA0184D g~.. PB - 4 MAINTENANCE BOND THE STATE OF TEXAS COUNTY OF DENTON WILLIAM J. SCHULTZ, INC., DBA KNOW ALL MEN BY THESE PRESENTS: That CIRCLE "C" CONSTRUCTION COMPANY as Principal, and SAFECO INSURANCE COMPANY OF AMERICA 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 .WA,.,.,, EIGEN g%K)USAND TE9WE WRIPRED Sm{T8= wr.m AND 75/100--------- Dollars 28,375.75 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 WHEREAS, said CIRCLE "C" CONSTRUCTION COMPANY has this day entered into a written contract with the said City of Denton to build and construct BID #1541 - COOPER CREEK 15" SANITARY 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 therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure 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. WILLIAM J. SCHULTZ, INC., DBA IN WITNESS WHEREOF, 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 19TH day of OCTOBER , 1993 SURETY: SAFECO S ANCE COMPANY OF AMERICA BY: ` g SHERYL A. KLUTT Attorney-in-Fact PRINCIPAL: WILLIAM J. SCHULTZ, INC., DBA CIRCLE "C" CONSTRUCTION COMPANY WILLIAM J. SCHULTZ, PRESIDENT AAA0184D ,t e MB - 2 F, e POWER OF ATTORNEY SAFECCF KNOW ALL BY THESE PRESENTS: SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE SAFECO PLAZA SEATTLE. WASHINGTON 98185 No. 7498 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint eeeeeeeeekeeemajOHN A. MILLER; SHERYL A. KLUTTS; JOHN A. MILLER, II; Fort Worth, Texaseeeeee••• its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity 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 4th day of January .1993 R.A. PIERSON. SECRETARY DAN D McLEAN. PRESIDENT 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 Vice President. the Secretary. and arry Assistant Vice President appointed for that purpose by the officer in charge of surety operations. shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . On any instrument making or evidencing 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 facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided. however, that the seal shall not be necessary to the validity 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 setting out. (i) The provisions of Article V. Section 13 of the By-Laws. and 00 A Copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the Certifying officer may be by facsimile, 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, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set ny hand and affixed the facsimile seal of said corporation this 19th day of S-07uEP 1/93 6 /SOS° RpORgT ~~p a o~ F SEAL N sf~9 5 ~rf OF WASHING/ yJPPNCE C04f,,,, 3 CORPORATE 0" T a SEAL! W Z~s 1923 qd/" of WasvO October 19 93 R.A. PiERSON, SECRETARY G) Registered trademark of SAFECO Corporation. IMPORTANT NOTICE To obtain information or make a complaint: You may call the company's toll-free telephone number for Information or to make a complaint at 1-800- LVV5 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 # (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. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Prescribed by the State Board of Insurance Effective May 1, 1992 "ISO IMPORTANTE Para obtener Informacion o pare someter una queja: Usted puede Ilamar all numero de telefono gratis de Is compania pare informacion o para someter una queja all 1-800- L2 - V V-R- Puede comunicarse con el Departamento de Seguros de Texas pare obtener informacion acerca de companies, coberturas, derechos o quejas all 1-800-252-3439 Puede escdbir al Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una dispute concerniente a su prima o a un reclamo, debe comunicarse con el agents o Is compania primero. Si no as resuelve Is dispute, puede entonces comunicarse con el Departamemo de Seguros de Texas. UNA ESTE AVISO A SU POLIZA: Este aviso as solo pare proposito de informacion y no as convierte on pane o condicion del documento adjunto. Ordenado por el consejo Estatal de Directures de Seguros, Effectivo 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 endorse-ments as prescribed and provided herein. If an apparent low bidder fails 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 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 as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A • Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its AFF006BA REVISED 08/02/93 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. • Liability policies shall be endorsed to provide 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 insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • All policies 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 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 give 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 providing 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 Liability 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 evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. AFF006RA REVISED 08/02/93 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: A. General Liability Insurance: General Liability insurance with combined single limits of not less than _ soo,ooo shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCLI) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. AFF006BA REVISED 08102193 Insurance Requirements Page 4 [x] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than 500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy 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, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits 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 insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. [ ] 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 this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. AFF006RA REVISED 08/02/93 ! 4L. ri } :e :X Insurance Requirements Page 5 [ ) Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include 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 basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. AFF006BA REVISED 08101/93 Cooper Creek 15" Sanitary Sewer BID TABULATION SHEET WORK DAYS 60 BID NO. 1541 PO NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 2.12-A 27" Sanitary Sewer 245 LF $ 7? 00/LF $ / J,'~10°rJ 2.12-B 15" Sanitary Sewer 2,970 LF $ y9 U0/LF $~y Sip 2.12-C 6" Sanitary Sewer 23 LF $ 00 AF $ 00 6.4 24" Bore and Casing 106 LF $ /7S 00/LF $/gsSO 0 4.5 6" Flex Base 215 SY $ O O/SY $ ~5 0" WS-11 Sewer Service 1 EA $ qq .100°/EA 0 $,5"000 SP-42 400 Pound Manhole Ring 2 EA 4r) $ ~jrp/EA $ ,SOD G O and Cover 7.6-A Rebuild Existing 5' 2 EA /EA $ 3000 0 0 00 $ (o oo Manhole 7.6-8 5' Concrete Manhole 5 EA $ 305~~/EA $15-000 G 7.6-C 6' Concrete Manhole 4 EA $ .3750 /EA $ ~G /5-000 7.6-D 5' Concrete Drop Manhole 4 EA $ o9EA 3000 S ?-W SP-8 Abandon Manhole 3 EA $,5-00 o0/EA $ .1_5-0006 SP-43 Remove Sanitary Sewer 388 LF $ /S-- o o/LF SgaO 3.B Remove Concrete Curb and 10 LF $ S' 00 /LF $ Gutter 8.2-A Concrete Curb and Gutter 10 LF $ /S 00/LF o0 $/,5-0 SP-2 Concrete Saw Cut 25 LF $ 5-0 /LF $ 2 , SO 8.15-A 4" Concrete Rip Rap 20 SY $ 00/SY $ s00 a0 SP-45 Concrete Block Erosion 90 SY $66 60 /Sy $ Sy00 n0 Control System 5.7 Asphalt Patch Type D 3 TON $X00 o0/TON $ 300 °O 7.4.5 Concrete Encasement 82 CY $ 00 /Cy $ 3.10.7 Hydromulch 6,250 SY $ $ SP-10 Rock Excavation 1,594 CY $ ~2 -5-0/Cy $3 995e-00 SP-37 Excavation Protection =2 907 LF $1t % U /LF 90 7 ° 0 P - 3 Cooper Creek 15" Sanitary Sewer BID TABULATION SHEET WORK DAYS 60 BID NO. 1541 PO NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 1.21 Contractor's Warranties and Understandings LS O~ $ 9,ZOp /LS alG $ Jo7cy) 3.1 Preparation of Right of Way LS $ 100e) /LS $ /000~G 8.1 Barricades, Warning Signs and Detours LS $ /000c /LS $ ict n ~G SP-39 Project Signs 2 EA c~ o $ ,SOO /EA $ /ooo° SP-44 Coat Existing M. H. 2 EA $ /5 pU~c/EA $ ~Vc)a ~G 3,..,12 Temporary Erosion Control - LS $ /000 /LS cG $ / 0 o U Materials incorporated into project and labor $ other $ / $IG4S79.3s Total $ / $,U?;7s,7 5 -3.10.3 Seeding 6,250 SY $ /SY $ * Item 3.10.3 (Seeding) may be substituted for item 3.10.7 (Hydromulch) at the discretion of the engineer. P - 4 Cooper Creek 15" Sanitary Sewer BID TABULATION SHEET WORK DAYS 60 BID NO. 1541 PO NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 2.12-A 27" Sanitary Sewer 245 LF $ ,U 0 0/LF $ 170,410 2.12-B 15" Sanitary Sewer 2,970 LF $ y~ 00 /LF $ 5-60 2.12-C 6" Sanitary Sewer 23 LF S a~~ ~0 /LF $ /05- g 6.4 24" Bore and Casing 106 1 LF $~7~o/LF S /gs'sd U 4.5 6" Flex Base 215 BY S V60 /BY $ 006606) WS-11 Sewer Service 1 EA S 5-270 ~G/EA $ 5-00 ~G SP-42 400 Pound Manhole Ring 2 EA $~spo%EA U $,j p0 0 and Cover 7.6-A Rebuild Existing 5' 2 EA $30,00 9EA $/,O o U Manhole 7.6-8 5' Concrete Manhole 5 EA $ 3,1000q /EA $ /5-0006)6 7.6-C 6' Concrete Manhole 4 EA $37SCr 09EA $ 5-060 5' Concrete Drop Manhole 4 EA $_?1000 o/EA S/a 0oo6o SP-8 Abandon Manhole 3 EA $ s0000 /EA $ /sue 0 SP-43 Remove Sanitary Sewer 388 LF 00 /LF $ 15- 3.B Remove Concrete Curb and 30 LF $ 5-60 /LF $ SD° Gutter 8.2-A Concrete Curb and Gutter 10 LF $ if0~/LF $ j„f'pG6 SP-2 Concrete Saw Cut 25 LF $ SU/LF $ SD 8.15-A 4" Concrete Rip Rap 20 SY 0U/SY $ S~60 6 0 60 SP-45 Concrete Block Erosion 90 SY $ D /Sy %O Control System 5.7 Asphalt Patch Type D 3 TON $ 14b00 /TON $ 5'00° U 7.4.5 Concrete Encasement 82 CY $ /"?p 00 /CY $ 9R. yo 3.10.7 Hydromulch 6,250 SY $ / SU /Sy 60 $ 572 75- SP-10 Rock Excavation 1,594 CY $ SU/CY $ .~f8s SP-77 Excavation Protection 2,907 LF $ / GO /LF $~2Qp/,~~ Cooper Creek 15" Sanitary Sewer BID TABULATION SHEET WORK DAYS 60 BID NO. 1541 PO NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 1.21 Contractor's Warranties and Understandings LS $ 7,700 0/LS $ 06OG 3.1 Preparation of Right of way LS $ /Od 0° /LS $ 1600 00 8.1 Barricades, Warning Signs and Detours LS 00 $ FOOD AS $ /OOo 00 SP-39 Project Signs 2 EA $ S OO°/EA $/000 SP-44 Coat Existing N. H. 2 EA ~ II 6[~_SOO/EA $200000 1.12 Temporary Erosion Control - LS 060PO/LS $ ( $/00G or- Materials incorporated into project and labor $ / $ //9/yoa, /S other $ / $ 79.35 Total $ •3.10.3 Seeding 6,250 SY $ /Sy S c~ " Item 3.10.3 (Seeding) may be substituted for item 3.10.7 (Hydromulch) at the discretion of the engineer. P - 4 WEENNEEN BID SUMMARY TOTAL BID PRICE IN ,f/uv 4 In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials 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 certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices as shown for proposal, shall control over extensions. 1~/. //i "n n ✓ S, - A'Z .I/7 c e~rZ C'ii~ C la ~ s f BY -5-0o C~ rn ~f~ Y/ Street Address City and State each item listed in this Seal & Authorization (If a Corporation) 1917 Telephone ;t ,t FI B 1 e SAFECO NSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 98185 Bond BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 WILLIAM J. SCHULTZ, INC., DBA KNOW ALL BY THESE PRESENTS, That we, CIRCLE I'CI' CONSTRUCTION COMPANY P. ox Fort Worth, TX 76140 as Principal, hereinafter called the Principal, and the SAFECO INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF DENTON, Denton, TX as Obligee, hereinafter called the obligee, in the sum of ***********FIVE PER CENT (57) OF GREATEST AMOUNT BID*********************** Dollars (S for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, f irmly by these presents. WHEREAS, the Principal has submitted a bid for COOPER CREEK 15" SANITARY SEWER IN THE CITY OF DENTON, TEXAS NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 2ND day of SEPTEMBER , 19 93 . WILLIAM J. SCHULTZ, INC., DBA CIRCLE "CII CONSTRUCTION COMPANY (Seal) Principal Witness BY: WILLIAM J. SCHU TZ, PRFB D T Title SAFECO N WRANCE COMPAI ERICA fitness By / SHERYL A. KL TS, At o,ney-in Fact I IF 7l 1- .4 ~ eD Registered trademark of SAFECO Corporatioi S-54/EP 3/90 PRINTED IN U.S.I e POWER OF ATTORNEY SAFECCr SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 88185 NO. 7498 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint """""""""""""""JOHN A. MILLER; SHERYL A. KLUTTS; JOHN A. MILLER, II; Fort Worth, TexaseeseesYe• its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity 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 4th day of January . 19 93 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 Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . On any instrument making or evidencing 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 facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity 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 setting out. (i) The provisions of Article V. Section 13 of the By-Laws, and 00 A copy of the power-of-attorney appointment, executed pursuant thereto. and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, 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, are true and correct, and that both the By-Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 2nd day of September _'19 93 S-874EP 1103 Registered trademark of SAFECO Cwporat ion. IMPORTANT NOTICE To obtain Information or make a complaint: You may call the company's tall-free telephone number for information or to make a complaint at 1-800- y -1~ 4 L{-SS 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 # (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. ATTACH THIS NOTICE TO YOUR POLICY: This notice Is for information only and does not become a part or condition of the attached document. Prescribed by the State Board of Insurance Effective May 1, 1992 "ISO IMPORTANTE Para obtener information o pare someter una queja: Usted puede Ilamar al numaro de telefono gratis de Is compania pare informacion o pare someter una queja al 1-soo- 4--~ - SS- Puede comunicarse con el Departamento de Seguros de Texas pare obtener lnformacion scarce de companies, coberturas, derechos o quejas all 14800-252-3439 Puede escdbir al Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una dispute concemlente a su prima o a un reclamo, dabs comunicarse con el agente o Is companla pdmero. Si no se resuelve Is dispute, puede entonces comunicarse con el Departamento de Seguros de Texas. UNA ESTE AVISO A SU POLIZA: Este aviso as solo para proposito de Informacion y no se convierte an parts o condicion del documento adjunto. Ordenado por el consejo Estatal de Directures de Seguros, Effectivo el 1 de Mayo 1992 , r