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1991-091ORDINANCE NO 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- provements 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 1249 Floyd Glenn Smith $12,687 00 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements 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 approval PASSED AND APPROVED this theday of ,1991 BOB CASTLEBERRY, ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY DATE June 25, 1991 CITY-COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID 111249 - CARROLL BLVD 1URN LANE RECOMMENDATI-ON We recommend this bid be awarded to the low bidder, Floyd Glenn Smith in the amount of $12,687 00 SUMMARY This bid is for labor, materials and supplies to construct right turn lanes at the intersection of Hwy 380 and Carroll Blvd Floyd Smith bid was the lowest of three bidders for this project UACKGROUNU Tabulation sheet, Memorandum David Salmon dated June 13, 1991 PROCRAMS~__DEPARTMENT___OR__GROUPS___AFFECTED Engineering Department and citizens utilizing the affected intersection FISCAL-IMPACT Funds for this project will come from Traffic Management Grant funds for Traffic improvements acct 11231-020-012C-0001-9105 Resp fully, su tte Lloyd V Harrell City Manager Prepared by Name Denise Ha pool Title Senior Buyer Ap roved Name Tom D Shaw Title Purchasing Agent DH/Jh 164 DOC BID # 1249 I ; I I I I I I I BID NAME CARROLL BLVD TURN LANE i FLOYD GLENN i MANNING INC !CALVERT CONST SMITH i i INC OPEN DATE MAY 2, 1991 I I I 11 1 QTY I ITEM DESCRIPTION I VENDOR i VENDOR i VENDOR I I 1 i i TOTAL 1 $12,687 000 1 $13,801 000 1 $19,213 000 i 2 i i BID BOND i YES i YES I YES I I i I i I I i i i , - 7 CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON TEXAS 76201 / TELEPHONE (817) 566 8200 MEMORANDUM DATE June 13, 1991 TO Tom Shaw, Purchasing Agent FROM David Salmon, Civil Engineer SUBJECT Carroll Boulevard and University Drive Turn Lane Bids were received on the above project on May 2, 1991 The low bidder was Floyd Smith with a bid of $12,687 00 As this appears to be an acceptable bid, the Engineering Division recommends that it be accepted This item should be placed on the June 25th City Council agenda Davi Salmon 0989E CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON ql-691 THIS AGREEMENT, made and entered into this 25 day of June A.D., 1991 , by and between TNF. 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 FLOYD GLENN SMITH, P.O. BOX 1781, DENTON, TEXAS 76202 of the City of DENTON , County of DENTON and State of TEXAS , hereinafter termed 'CONTRACTOR.' WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID #1249 - CARROLL BLVD TURN LANE in the amount of $12,687.00 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 all maps, plats, blueprints, and CA-1 0114s other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON ENGINEERING STAFF , all of which are made a part hereof and collectively evidence and constitute the entire contract. 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 0114s J IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. CITY OF DENTON OWNER B 2 (SEAL) ATTEST: I % /~tf/flb~ SMITH CONTRACTOR By Title (SEAL) APPROVED AS TO FORM: ty Attorney CA-3 0114s PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That FLOYD GLENN SMITH , of the City of DENTON County of DENTON , and State of TEXAS as PRINCIPAL, and Universal Surety 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 TWELVE THOUSAND SIX HUNDRED EIGHTY SEVEN AND NO1100- Dollars 3 12,687.00 ) 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 25 day-of JUNE 19 91, for the construction of BID 11249 - CARROLL B1,VD TURN LANE in the amount of S1 687 00 which contract is hereby referred to and made a dpart 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; PB-1 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 56th Legislature, Regular Session, 1959, 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. PROVIDED FURTHER, that if any legal action be filed 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 anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF,- the said Principal and Surety have signed and sealed this instrument this 9th day of July , 1991 Floyd Glenn Smith DBA Floyd Smith Concrete Contractor Principal Universal Surety of America Surety By Title Attorney-In-Fact Address P.O. Box 1781 Denton, Tx. 76202 Address 1812 Durham Houston, Texas 77007 (SEAL ) (SEAL The name and address of the Resident Agent of Surety is: Ramey King & Minnis, 101 S. Locust Suite 707, Denton, Tx. 76202 NOTE: Date of Bond must not be prior to date of Contract. PB-2 0091b PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That FLOYD GLENN SMITH of the City of DENTON County of DENTON , and State of TEXAg , as principal, and Universal Surety of America authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto THE CITY OF DENTON OWNER, in the penal sum of TWELVE THOUSAND SIX HUNDRED EIGHT SEVEN AND NO/100--- Dollars 12,687.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 25 day of JUNE , 19 91 . BID 11249 - CARROLL BLVD TURN LANE in the amount of ;12,687.00 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 prosectiou 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 56th Legislature, Regular Session, 1959, 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 anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 9th day of July ,19 91 Floyd Glenn Smith DBA Floyd Smith Concrete Contractor Principal Universal Surety of America By Title. Address P.O. Box 1781 Address Denton, Tx. 76202 (SEAL) r Surety 1812 Durham Houston, Texas 77007 The name and address of the Resident Agent of Surety is: (SEAL)g Ramey King & Minnis, 101 S.Locust Suite 707, Denton, Texas 76201 PB-4 0092b MAINTENANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT FLOYD GLENN SMITH as Principal, and Universal Surety 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 ONE THOUSAND TWO HUNDRED SIX1R EIGHTVAND 70/]On- Dollars 1 9j;g 7n , 10% of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said FLOYD GLENN SMITH has this day entered into a written contract with the said City of Denton to build and construct BID #1249 - CARROLL BLVD TURN LANE 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 incorporatd 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. 0093b ME-1 u 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 Floyd Glenn Smith DBA Floyd Smith Concrete Contractor as Contractor and Principal, has caused these presents to be executed by Universal Surety of America and the said as surety, has caused these presents to be executed by its Attorney-in-Fact :Teff r- Ring and the said Attorney-in-Fact has hereunto set his hand this ~c _ day of July , 19 91 . SURETY: Universal Suretv..of PRINCIPAL: Floyd Glenn Smith DBA Floyd Smith Concrete Contractor BY: Attorney-in-Fact u MB-2 0093b INSURANCE MINIMUM REQUIREMENTS INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department -prior to- starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of the project should be indicated, and the City of Denton should also be listed on all policies as an additional named insured. . To avoid any undue delays, it it worth reiterating that o Thirty (30) days advance written notice of material change or cancellation shall be given; o The City of Denton shall be an additional named insured on all policies. I. WORKMEN'S COMPENSATION. AND EMPLOYER'S LIABILITY. -This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. The liability limits shall not be less than: o Workmen's Compensation - Statutory o Employer's Liability - Statutory II. COMPREHENSIVE AUTOMOBILE LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: o A combined single limit of $500,000.00 III. COMPREHENSIVE GENERAL LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. CI - 1 To the extent the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, -collapse of buildings,-or damage to underground property, The liability limits shall not be less than: o A combined single limit of $500,000.00 IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed. arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for -the benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: o A combined single limit of $500,000.00 . INSURANCE SUMMARY: The Contract shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval of the insurance by the owner shall not in any way relieve or decrease the liability ----of-the-Contractor- _hereunder.___It_ is expressly understood-that the owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Again,' the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of _ any sums resulting from any deductible provisions, corridor or self-insured retention conditions of the policy or-policies--shall- remain with the Contractor. The Contractor shall not begin any work until the Owner has reviewed and approved the insurance certificates and so notified the Contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner.. CI - 2 DEFINITIONS 1. ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to Worker's Compensation.) 2. NOTICE OF CANCELLATION- Each policy shall require that thirty (30) days prior to the cancellation, non-renewal, or any material change in coverage, a notice thereof shall be given to owner by certified mail. If the policy is cancelled for non-payment of premium only ten (10) days written notice to owner is required. 3. C014TRACTURAL COVERAGE: (Liability assumed by contract or agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverse side of this Certificate of Insurance under Comprehensive General Liability, must include a definition of coverage broad enough to provide coverage for obligations assumed by the contractor in the referenced contract. This Certificate of Insurance is provided as required by the governing contract. 4. CLAIMS MADE POLICY FORM: Required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract, plus one year (to provide 'coverage for the warranty period), and a extended discovery period for a minimum of five (5) years which shall begin-at the end of the warranty period. 5. FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteration of City-owned or leased facilities.) Insurance is to cover buildings, contents (where applicable) and permanently installed equipment with respect to property damage to structures or portions of structures if such damage is caused by the peril of fire and due to the operations of the contractor. Limit of liability is to be a minimum of $500,000. 6. OWNER: The term owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices 'of the owners, and individual members, employees, and agents thereof in their official capacities, and/or while acting on behalf of the owner. CI - 4 Name and Address of Agency City of Denton Reference: gamey King & Minnis Project Name: UA Hwy 380/Carroll_B1vd.,.Rikht Turt Lane 101 S.Locust Suite 707 Denton. Tx. 76201 Phone 817-382-9691 Project No: Project Location: Managing Dept: Name and Address of Insured: Companies Affording Coverage: Floy d Glenn Smith - A Trinity Insurance i7oi a Landmark American Insurance Company Denton, Tx. 76202 Phone I C This is to certify that: 1) Policies of insurance listed below have been issued and are in force at this time. 2) The City of Denton is listed as an additional insured as to all applicable coverage. Company Expiration Limits of Liability. Letter Type of Insurance Policy Number Date In Thousands 000 Comprehensive General Liability Occurrence j A Z{ Occurrence GLA7474918 5/1/92 - Claims Made (see 414-Page CI-4) Bodily Injury ; Broad Form to Include: Property Damage - ; m Premises/Operations x Independent Contractors --Products/Completed Operations.- - _ -Bodily injury and Property _ x+ Personal injury Damage Combined ; Y; Contractual Liability(see 93-Page CI4) x• Explosion and Collapse Hazard ' * Underground-Hazard - x- Liquor Liability Coverage Y. Fire Legal Liability (see #5-Page CI4) x: Broad Form Property Oamage - Professional Errors/Omissions - occurrence - claims made (see #4-Page CI-4) B Comprehensive Automobile - TBA2008105 6/1/92 Bodily Injury/Person Liability /Accident Bodily Injury - Owned/Leased Automobiles Property Damage - ; - Non-owned Automobiles - Hired Automobiles - Bodily Injury/Property Damage Combined ; 500,000 ' - Workers' Compensation and Statutory Amount A ers' Liability Em lo WC8273085 5/1/92 500,000 . p y - - - - - - each accident - Owners' Protective Liability New App 7/9/92 s 500,000 A Other Insurance Description of Operations/Locations/Vehicles. Each policy shall require thirty (30) days notice of cancellation, non-renewal, or material change in coverage.. (See #2, Page CI-4). Name and address of Certificate Holder. CITY OF DENTON, TEXAS PURCHASING AGENT 901-8 TEXAS ST. DEN14N, TEXAS 16201' Jul /g 9;1 A TNO Z '/F RESENIATIVE SEE OEFtN InNS ON PAGE L`1 4 ATTACIIEO. BID # 174q PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF US HWY. 380/CARROLL BLVD. RIGHT TURN LANE IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in-the contract and specifications in the manner prescribed herein and according to the requirements of the City as therein set forth. It is understood that the.following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional- work ordered-by--the-City, but not shown on the plans-or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. 0 It is understood and agreed that the work is to be completed in full within the number of work days shown on the bid tabulation sheet. P - 1 Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the -proposal, -the bidder--shall fail to execute a contract and file a performance bond and a payment, bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification -of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: P - 2 -US Hwy. 380/Carroll Blvd. Right Turn Lane BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT BID NO. 1249 PO NO. UNIT PRICE TOTAL 3.B.1 Remove Concrete Curb and Gutter 202 LF 2.50 /LF 505.00 SP-33 Remove Concrete Inlet 1 EA - 1+0-0'CO/EA 1,000.00 3.3- - --Unclassified-Excavation --95 CY - 6'00 /_CY 570.00 7.6.A 10' Inlet. 1 EA. 1,5'oo/EA 1,500.00 2.12.3 18' RCP (Class III) 10 LF 50.00/LF 500.00 2.11.5 Inlet Frame and Cover 1 EA 150.00/EA 150.00 8.2 Integral Curb 197 LF 4'00/LF 783.00 5.8-A 89 Concrete Pavement 193 BY 31'00/SY t5,983.00 SP-15 Adjust Water Valve 1 EA 150.00/EA 150.00 SP-2 Concrete Saw Cut 206 LF 3.50/LF 721.00 1.21 Contractors warranties and Understandings LS q D V 8.1 Barricades, warning -Signs and Detours LS 300.00 - 300.00 SP-39 Project Signs 1 EA 150.00/EA 150.00 TOTAL o2 / 7 P - 3 BID SUMMARY 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. - - Au C N C R BY PP /7f~! Street-Address City an a Seal & Authorization (If a Corporation) 4 . S`011 Telephone B - 1 UNIVERSAL, SURETY OF AMERICA 1812 Durham, Houston, Texas 77007 Bond No. 698-1072 - i For verification of the authority of this power you may telephone (713) 963-778R. GENERAL POWER OF ATTORNEY - CERTIFIED COPY Know All Men b0"fiese Presents. That UNIVERSAL SURETY OF AMERICA, a corporation duly'organized and existing under the laws of the State of Texas, and hovin8.its EH'inciW1.ofGce in. Houston. . Texas, . does-by these P . resents.make, constitute and a VPo tm.- _ CM , - - r.. dr Jeff P. King its true and lawful Auomey(s)-in-Fact, with full power and authority hereby conferred in its name, place and steed, to execute, acknowledge and . deliver bonds for: Pr ncip~l Flovtl Qj${~(¢~Flovd Smi(h Concrete Contractor Obligee City of Denton i r Amount 12 6$j.00 - `G t ii Surety of Amenca'el`e meeting field on the'l llh day of July; 1984 7+ ."Re 11 . Resolved, that the President, any Vim President, Secretary or. tiny Assistant Secretary.shall be and is hereby vested with. full power. .t4 fP ~~-and authority to appoint any one or more suitable persons as Atmmey(s)-in-Fact to represent and set for and on behalf of the Company." "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimile to zany power of attorney of the corporation, and that such printed facsimile signature and seal shall be valid and binding upon the corporation." .,r In Witness Whereof, Universal Surety of America has caused these presents to be signed by Its President, John Knox, Jr. and Its ~ ? corporate seal to be hereto affixed this 15th day of October , A.D., 19 90 - w: UNIVERSACSURETY OFAME A _ - a . State of Texas `f1 rw.• : Jo no& Jr. President County of Harris On this 15th day of October- , In the year 90 before me Wendy W. Stuckey a notary' publlc, personally appeared _ John Knox, Jr., personally known to me to be the person who executed the within Instrument as President, on behalf of the corpora- tion thereto named and acknowledged to me that the corporation executed It. Notary Public i - 1, the undersigned,ScLihiYy of Universel'Surely of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect 't ,:L.,' IVEN under my hand and the seal of said Company. at Houston, Texas, this day of 19_. z Secretary '