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1991-018ORDINANCE NO I -0 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 1143 CBS Mechanical, Inc $275,143 50 1185 J-N Construction $463,426 11 1201 Larry Manning, Inc $ 74,336 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 441 PASSED AND APPROVED this the day of 1991 BOB CASTLEBERRY, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY LS~S z DATE FEBRUARY 5, 1991 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID #1143-AIRPORT INFIELD DRAINAGE $.UHMFPIpA IDE We recommend this bid be awarded to the lowest bidder, CBS Mechanical, in the amount of $275,143 50 -40j_'1A$1 This bid is for the labor and materials to improve the drainage in the infield area of the Municipal Airport The project consist mainly of removing old metal pipe drain lines and installation of larger concrete work The costs for this project are higher than normal drain lines due to the requirements to bore under runways where open cuts are not permissible The project was designed and engineered by Freese and Nichols Engineering at the request of the F A A Ninety percent (90%) of the cost will be funded from F A A Airport Improvement Grants The remaining 10% will come from 1990-91 budget funds intended to compliment this grant $ACgQ$Qy$g Tabulation sheet, Memorandum from Freese and Nicols date 1-15-91 PROQ$AMS~_g$PA$TjI§$~_Q$_QRQygQ_AFFEQ~ED Airport >I$UL-1HP-M 90% F A A Grant Funds, 10% City of Denton 1990-91 Budget Fund Acct #402-002-AG03-0001-9108 Respectfully submitted /J.' Harrell City Manager Prepared by Name Denise Harpool Title Senior Buyer A proved Na~ Name Tom D---Sh--aw-,~CPM Title Purchasing Agent DH/,jh 117 DOC BID # BID NAME OPEN DATE ACCOUNT # #IQTYI 1 2 3 4 5 1143 ADDENDUM #III AIAPORT INFT D DRAINAGE JANUARY 8, 1991 ITEM DE9CR1MON AREA 1 ALT 1 FOR AREA 1 ALT 2 FOR AREA 1 AREA 2 AREA 3 TOTAL WITH ALT 1 TOTAL WITH ALT 2 BID BID LINDER-STAHL CONSTRUCTION VENDOR $162,968 00 $99,000 00 $2,575 00 $76,009 W $81,982 00 $419,959 00 $323,534 00 YES ATKINS BROS VENDOR $162,451 00 $134,985 00 $5,391 00 $71,196 00 $76,380 00 $445,012 00 $315,418 00 YES CIFLU "C" CONSTRUCTION VENDOR $141,580 00 $131,560 00 $5,375 00 $63,817 00 $72,664 50 $409,621 50 $283,436 50 YES SUN90UNT CORP VENDOR $163,865 00 $145,310 00 $4,975 00 $75,453 00 $69,758 00 $454,386 00 I $314,051 00 1 YES I CBS MECHAMIICAL VENDOR $151,041 00 $115,530 00 $2,830 00 $54,939 00 $66,333 50 $387,843 50 $275,143 50 YES Freese AND N ichols INC CONSULTING ENGINEERS January 15, 1991 Mr Tom Shaw City of Denton Purchasing Agent 901-B Texas Street Denton, TX 76201 Dear Mr Shaw JAMES R NA( HOES I F R(IBERTL NICHOLS PE ROBERTL HLRCHERT LEE B FREESE PL ROBERT S GOOCH I E JOE PATH ]ONES PT ROBLRFA THOMPSON 111 BE T AN]HONY READ PF GARYN RELVES I E ROBERT F I FN( F PE THOMAS( COOCH I E RONNIFM LEMONS I F MR HALL L NICER TES PE CARRY Ii GRECORY PT W IRHOS I CI WENT PC TERRY L FLEMIN( PE MICHAEL I, MORRISON PL 101 IN E (ONES PF R NEIL PRICIII A I A (OYM VEA(II PE RAYMOND R I ON( (IRIA PC Re Letter of Recommendation Airport Infield Drainage A I P No 3-48-0067-04 Bid Number 1143 DTN90076 Pursuant to the bid opening on January 8, 1991, attached please find our Bid Tabulation which shows CBS Mechanical as the apparent low bidder CBS's bid had a minor mistake in multiplication on Bid Item number 40 This is corrected in our Bid Tabulation and had no bearing on the determination of the low bidder In order to get all three areas constructed the most economically, it is recommended to award the contract based upon the sum of the base bid for Area I, additive alternate no 2, and the total bids for Areas II and III Additive alternate no 1 is therefore recommended to be removed from the contract Looking at the Bid Tabulation, the low bidder for this basis is CBS Mechanical with a total bid of $275,143 50 It is therefore recommended that the contract be awarded as indicated to CBS Mechanical for $275,143 50 Very truly yours, FREESE AND NICHOLS, INC 7F1 eming, P E Project Manager WOW 04 Enclosure xc Joe Thompson Willie Villalobos, FAA TELEPHONE 817 336 7161 811 LAMAR STREI T FORT WORTH TEXAS 76102 3683 RECYCLED PAPER FAX 817 877 4267 METRO 817 429 1900 STATE OF TEXAS COUNTY OF DENTON CONTRACT AGREEMENT THIS AGREEMENT, made and entered into this 5 day of FEBRUARY A.D., 1991', by and between THE 'CITY OF DENTON of the County of DENTON and Stateof Texas, acting through Lloyd V. Harrell thereunto duly authorized so to do, hereinafter termed 'OWNER,' and CBS MECHANICAL INC.. 500 W. DNTVRRSTTY nR__ DENTON- TEXAS 76701 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 #1143 - AIRPORT INFIELD DRAINAGE in the amount of $275.143.50. Purchase order 112080 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 s~ other, drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by FREESE AND NICHOLS INC CO°°TrLTTN^ FNCTNEERq ' 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 ofinjury 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 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: CITY OF D TON OWN 74 t l~ (SEAL) ATTEST: clL CBS MECHANICAL tle V P l+ c°, ' W H MIKE C. SCHLOEIIAN,.VICE PRESIDENT (SEAL) CA-3 0114s PERFOR11ANCE BOND STATE OF TEXAS )C COUNTY OF DENTON BOND No. 4634687 KNOW ALL MEN BY THESE PRESENTS: That CBS MECHANICAL , of the City of DENTON County of DENTON , and State of TEXAS as PRINCIPAL, and _ HARTFORD CASUALTY 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 HUNDRED SEVENTY FIVE THOUSAND ONE HUDRED FORTY THREE & 50/100-- Dollars 275,143.50 ) 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 FEBRUARY , 1991 , for the construction of BID 11143- AIRPORT INFIELD DRAINAGE in the amount of $275,143.50. 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 28th day of Feburary , 19 91 . CBS MECHANICAL, INC. Principal By KL SCJC~V~~ Mike C. Schloeman Title Vice President Address 5001 W. University Drive The Texas 75221 address of the Resident Agent of Surety is: Billy Joe Bruce, Alexander & Alexander of Texas, Inc. C 6 ~ U o C d ~ T T U ~ C y tea, U ~ ~a O 717 N. Harwood, LB#8, Dallas, Texas 75201 NOTE: Date of Bond must not be prior to date of Contract. PB-2 HARTFORD CASUALTY INSURANCE OOMPANY 71:: 'U L 4 Sur] qty aS;:J o V W~~ 0 0 B,j W. Lawrence Brown c Title Attorney-in-Fact Address 5001 LBJ Freeway P. 0. Box 927 0091b PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON )C KNOW ALL MEN BY THESE PRESENTS: That of the City of _ DENTON BOND NO. 4634687 CBS MECHANICAL County of DENTON and State of TEXAS , as principal, and HARTFORD CASUALTY INSURANCE COMPANY 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 TWO HUNDRED SEVENTY FIVE THOUSE ONE HUNDRED FORTY THREE and 50/100 Dollars C$ 275,143.50 ) 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 5 day of FEBRUARY 1991 for construction of BID 111143 - Airport Infield Drainage, Purchase Order 1112080. 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 prosection 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 28th day of February 19 91 CBS MECHANICAL, INC. Principal By hu'4 \ <S~~ Mike C. Schloeman HARTFORD CASUALTY INSURANCE COM] S ty B (F W. Lawrence rown Title Attorney-in-Fact C Address 5001 LBJ Freeway CL~ E j O C". y v fJ G~ `N tC ` aU. S J ~ j. C N O ~ N i _ U U C an C T'.'. -.2 ` O l> y ~ U j c'. t_ U ~ o On O O •J C O C__ ~ O T d fi ~ T W-O t0%J U ~ U Cl1] C I t- n~ 21 N U O C 'C O b') ~ N ucyry~ r c Title Vice President Address 5001 W. University Drive Denton, Texas 76201 817-387-7568 Dallas, Texas 75221 = W o.r o Tess of the Resident Agent of Surety is: 717 N. Harwood, LB#8, Dallas, Texas 75201 PB-4 0092b BOND NO. 4634687 MAINTENANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE _PRESENTS: THAT. CBS MECHANICAL as Principal, and HARTFORD CASUALTY INSURANCE COMPANY a Corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sum of TWENTY SEVEN THOUSAND FIVE HUNDRED FOURTEEN AND 35/100--- Dollars 27;514.35 , 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 CBS MECHANICAL has this day entered into a written contract with the said City of Denton to build and construct BID $1143-AIRPORT INFIELD DRAINAGE 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. MB-1 0093b C'. 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 CBS MECHANICAL, INC. as Contractor and Principal, has caused these presents to be executed by and the said HARTFORD CASUALTY INSURANCE COMPANY as surety, has caused these presents to be executed by its Attorney-in-Fact W. Lawrence Brown and the said Attorney-in-Fact has hereunto set his hand this 28th day of February , 19 91 , SURETY: PRINCIPAL: INSURANCE COMPANY CBS MECHANICAL, Y 19.J^Q1 - "ii Mike C. Schloeman, 4`zCi?uresidentg,- Denton, Texas 76201 91SfI0 uAE(iF','.9EITYfu"? C'Pi Tl ?II In the event the insur i~ auable to b,ifill ':notfactual ot;llgatlen ;lrn,er this policy or •;ontraCtof auphcatio ercerlifIcate Or evidence ob:cverage, the t;o! 'yh3lder or cehficatehoider is not proterted by an insurance guaranty fund or other solvency protection arrangement. 21B-2 0093b HARTFORD. CASUALTY INSURANCE COMPANY, - it _ - - EXECUTIVE OFFICE: Hartford, Connecticut" - tl' - - 11 - POWER OF ATTORNEY I Know all men by these•Prexnts, -Thalthe HARTFORD CASUALTY INSURANCE COMPANY; a 0 _ II - I - corporation duly organized under the laws of the. State of Indiana and having.. its Executive Office in the City, of ! - _ -Hartford, County of Hartford, State of Connecticut does_hereby make, constitute and appoint r- _ _ H- A GIBSON; '.JOE BRUCE,' W. LAWRENCE BROWN, WILLIAM D. BALDWIN, JANICE'Gl_CORREY - • - ,DOROTHY VALEK, .KATHLEEN,DAY„L. BRAY PITTS,-JR. add PAMELA, I LANGLEY •li It.' - L,' of. -DALLAS, TEXAS I Its true and lawful Attorney(s)-in-Fact, with full pow'eraod authority to-each of said'. Attorney(s)-in-Fact, in their - 1 II.• _separate capacity if more than one is 'named above, to sign,.execute and acknowledge: any.and all. bonds and ' - - undertakings and other writings obligatory , in the. nature thereof on behalf of the Company in its. business of.. 'guaranteeing the 'fioelity of persons holding places of public or private trust; guaranteeing the performance of".- contracts other than insurance.. policies guaranteeing the performance of insurance contracts where surety bonds - - I - are accepted by states and.municipalities, and executing or guaranteeing bonds,and undertakings rectuire9_or 'f--_ permitted in all actions or proceedings or by law allowed r -land to bind the HARTFORD CASUALTY obligatory in the nature thereof- weand re signed the same extent, as if,, and Undertakings and other INSURANCE -Officer of the HARTFORD'CASUALTY INSURANCE COMPANY and sealed and attested by one other of such - , I r - Officers, arid tiereby: ratifiesand confirms all that its said-Attorney(s)-in-Fact may do in pursuance hereof - , - - - - 'r-III (This power of attorney is'granted under and by -authority of the following Resolutions adopted'by,the Board Hof - 'T Directors of the HARTFORD CASUALTY INSURANCE COMPANY at a meeting duly called and-held on. the 1st - : - t-- - dayof July, 1987_' 'i-- ' "-ilr _i.1 _ I ~I.( r'i_ 1_;. - -'I ,'1 IX11 RESOLVED, that, the President or any Vice-President, acting with any Secretary or Assistant Secretary, Shall have power and authority to ;,appoint, for purposes only of executing and attesting Winds and undertakings and other writings obligatory in the nature thereof, one or more - Resident vice-Presidents.' Resident Assistant, SecrManes.and'Attomays-in-Fact and at any time to remove, any such Resident Vice-President _ 1 - Resident Assistant Secretary, or Attamey-in-Fact: and revoke this Power and authority given to h rn- Attorneys-iri-Fact shall have power and authority, subject to the terms and limitations of the power oh attorney issued to them to execute - i - and deliver on behalf of the Company and to Station the seal of the Company thereto any and all bonds and undertakings, and other writings _ obligatory in the nature thereof, aand any such instrument executed by any such Altamey-m-Fact shall be as binding upon the Company as it - _ signed by an Executive Officer and sealed and arrested by one other of such Officers. - I' i RESOLVED, that, Robert H Saner. ASSpteol vice-President. Shall have, as long as'he M1Olds such office, the same powers as any Vice - 1 . 1 President pursuant to the Precedi ,g Resolution - ' - " - - ' ' - - - RESOLVED,* that, whereas the President or any Vice-President, acting with any'Secretaryor Assistant Secretary, has the power -and ,.I'. ' ''authority to appoint by a Power of attorney, for purposes only of executing and attesting bonds and undertakings.,and other writings obligatory in me nature thereof, one or more Resident Vice-Presidents, Assistant Secretaries and Anomays-in-FacC _ - - - - - Now therefore.. the signatures of such Office®-and the'sell of the Company may beaffixed to any such"power of alto ney_orto any certificate relating thereto by facsimile, and any such Power of attorney or certificate bearing such facsimile signatures. or facsimile seal shall be - 'valid and binding' upon.the. Company and any such power So executed and carolled by facsimile signatures and facsimile seal shall be valid fit and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. " -I I •'1 _ I' - I; - !I I - RESOLVED. that' Robert N. H. Sever. Assistant Vice-President, may, as long-all. he holds such office affix his signature by facsimile - - _ pursuant too and with the Same affect es that granted to Vice-Presidents under the preceding Resolution. • i I 1 1,' Iri Wltneis'Whereot the HARTFORD CASUALTY INSURANCE COMPANY.has -causedthese presents, to be I,,'. 1''-- t - - signed by its'Assistant Vice-President, and. its corporate seal to be-hereto-affixed, duly attested by, its Secretary _-•,I 'I 11 I- II~thisIstdiyortMar6h, 1988. 1 III '11 1 '1•. :HARTFORD CASUALTY INSURANCE COMPANY Attest - " - it _RObert J. Matti eu = I ' - 1' l I t Robert M H: Saner lll._"-il 1' 71 - III Secretary 1, ''I• It I I 1 I Assatsna vice-president _ I• , - I STATE OF CONNECTICUT 1 _ ' . - -:7 _ -•I I - I' 'l 1 -I1'-.'COUNTY OF HARTFORD I I On this-18th-day of March, A.D. 1988, before me personally came Robert N. H. Saner, tome known, who being by - 1 me'duly-sworn,.did depose and say: that he,resides in the County of Hartford, State of Connecticut;. that he is the (Assistant Vice=President of the HARTFORD CASUALTY INSURANCE COMPANY, the corporation described in and which, executed the above instrument thiChe knows the-mal Hof said corporation; that, the seal' affixed to'the said 111• _ I _---l instrument. is;such corporate seat that it was so affixed_by order of the Board of-Directors of said corporation and 1 - I,; _ tho't he signed his name thereto, by_Ilke ordi r I L' . I OF CONNECTICUT eC.,lsalar yP b 'It !STATE Jacquel neT Derosieis, Notary Public 'a5.~ pb / MY Commission Expires April P1933-III I •I COUNTY OF HARTFORD( CER{ICATE It. .,l " I: the undersigned; Assistant Secretary of the r+ARTF.ORfY.6ASUALTY INSURANCE COMPANY an ,.Indiana Corporation, DO HEREBY CERTIFY,that the foreggng and-attac6edEPOWEROF ATTORNEY remains in full force -I - _ forth in the Power - i land has not;been revoked land Jurtherinore, that thg Resohdtum nt:the doa;d of Directors. set' - of Attoiney. are now in force i _ 4 ' - - ' ;S igned and sealed at the &y of Hartford Date the j 28th ' ay of ,Feb nary 19 /gg91 t I ' I I III j I - I i t ~t✓ 1• I ~RAxa~/ irr -7 David A. Johnson I - , a y Form 5-80714 (HC) .-Printed in U.S AI 4 y,• ",yf r 1 i Assistant Secret CERTIFICATE OF INSURANCE Issued To: Owner THIS IS TO CERTIFY to (Owner)k that the following policies of insurance, subject to t Weir terms, conditions and exclusions, have been issued by this Company covering the insured named below for the types of operations and at the locations de- scribed herein. It is understood and agreed that none of the policies referenced herein will be cancelled, changed, or reduced in coverage with- out at least (30) thirty days advance written notice to the f (Owner) at the above address. 1. Name of Insured: 2. Address: Status of Insured: Corporation Partnership Individual Other . Location of Operations Covered: Description of Operations Covered: THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY OR NEGATIVELY AMENDS, EXTENDSIOR ALTERS THE COVERAGE AFFORDED BY THE POLICIES DESIGNATED HEREIN. I 7 SUPPLEMENTARY CONDITIONS These conditions shall prevail in the event that a discrepancy between Supplementary Conditions and General Provisions exist: 1. PHYSICAL CONDITIONS - SURVEYS AND REPORTS: Subsurface exploration to ascertain the nature of soils, including the amount of rock, if any, and ` geotechnical information necessary to develop a trench safety program is the responsibility of any and all prospective bidders. The Owner has not made test borings. The prospective bidders (and Contractor) shall make such explorations, analyses and other investigations as they deem necessary to inform themselves of the actual conditions to be encountered in performing the Work required by the Contract Documents, including but not limited to information necessary to develop trench excavation safety protection to comply with all requirements of OSHA, federal, state, and local laws, rules and regulations. Compliance with these laws,. rules and regulations, including but not limited to HB 662 and HB 665 as adopted by the 72nd Session of the Texas Legislature and amended by the 73rd Session of the Texas Legislature with HB1569, shall rest solely with the Contractor. 2. REFERENCE POINTS: Horizontal control in the form of grid reference points and vertical control in the form of bench marks is provided in the plans. From these controls, the Contractor shall be responsible for the complete layout of the work and for establishing lines and elevations.as needed during construction. The Contractor shall furnish at his own expense labor, including the services of competent personnel, equipment, including accurate surveying instruments, stakes, templates, platforms, tools, and materials as may be required for laying out any and all parts of the work. The~Engineer will be available for assistance in an advisory capacity. 3. INSURANCE: Contractor shall purchase and maintain such insurance as will protect him from claims under workmen's compensation laws, disability benefit laws or other similar employee benefit laws; from claims for damages because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage; or death of any person other than his employee from claims for injury to or destruction of tangible property, including loss of use resulting therefrom - any or all of which may arise out of or result from CONTRACTOR'S- operations under the Contract Documents, whether such operations be by himself or by any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be legally liable. This insurance shall include the specific coverage and be written for not less than any limits of liability and maximum deductibles specified in the following paragraph, or required by law, whichever is greater, shall include contractual liability insurance and shall include OWNER and ENGINEER as additional insured parties. The Contractor shall maintain such additional 00800-1 1DTN3WP insurance as he may deem appropriate. With the execution of the Agreement, CONTRACTOR shall file with OWNER and ENGINEER certificates of such insurance, acceptable to OWNER; these certificates shall contain a provision that the coverage afforded under the policies will not be cancelled or materially changed until at least fifteen (15) days' prior written notice has been given to OWNER and. ENGINEER. The contractor shall, at his own expense, purchase, maintain and keep in force such insurance as will protect him from claims set forth below which may arise out of or result, from his operations under this Contract, whether such operations are by himself or by any subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of they may be liable: 3.1 Such insurance as will protect the Contractor from claims under statutory Workmen's Compensation laws, disability laws or such other employee benefit laws as will fulfill the requirements of the jurisdiction in which the work is to be performed. Such insurance will be amended to provide coverage for multiple jurisdictions.and other such indicated coverages (U.S. Longshoremens and Harbor. Workers, Admiralty, etc.) as may be applicable. 3.2 Such insurance as will protect the Contractor for damages"because of bodily injury, sickness, disease or death of his employees apart from that imposed by Workmen's Compensation laws-with such insurance having a minimum limit of liability of not less. than: $500,000 Bodily Injury by Accident - $500,000 Bodily Injury by Disease - Each Employee $500,000 Bodily Injury by Disease - Policy Limit 3.3 Such insurance as will protect the Contractor from claims from damages because of bodily injury, personal injury, sickness,. . disease or death. Such insurance as will protect the Contractor from claims for damages to or destruction of tangible property of others, including loss of use thereof. Such coverage shall include Broad Form. Property Damage and shall not include any XCU exclusions where applicable. The minimum limits of liability shall be: $500,000 Occurrence Limit $1,000,000 General Aggregate $500,000 Products/Completed Operations Aggregate $500,000 Personal and Advertising Injury $ 50,000 Fire Legal Liability $ 5,000 Medical Expense 00800-2 1DTN3WP 3.4 Such insurance as will protect the Contractor from claims for damages arising out of the maintenance, operation, or use of any owned, non-owned or hired vehicles. Minimum limits of liability for bodily injury and property damage combined shall be not less than $500,000.00 each occurrence. 3.5 Property insurance upon the entire work, including materials not in place at the site to the full insurable value thereof. All Risk Builder's Risk Insurance shall include the interests of the Owner, the Contractor, Subcontractor and Sub-subcontractors in the work and shall include, but not be limited to, the perils of fire, lightning, flood, collapse, windstorm, hail, explosion, riot, civil commotion, smoke, aircraft, land vehicles, vandalism and malicious mischief. The Builder's Risk Insurance shall be endorsed to permit occupancy prior to completion of construction and prior to acceptance by the Owner. A copy of the Builder's Risk Policy shall be filed with the Owner and shall include a thirty (30) day notice of cancellation of policy provision. 3.6 Steam boiler and machinery insurance if such equipment is operated for other than test purposes prior to final acceptance of the work by the Owner. This insurance shall include the interests of.the Sub-subcontractors in the work. The insurance required by this Paragraph 3, Paragraphs 3.3 and 3.4 above shall be amended to afford coverage for: Products Liability and/or Completed Operations, Blanket Broad Form Contractural Liability specifically covering the indemnification assumed by the Contractor under this agreement. Watercraft or aircraft liability, whether owned, non-owned or hired, shall be included. Such insurance as is required under this Paragraph 3 shall be written so that the Owner will be notified in writing, in the event of cancellation, restrictive amendment or non-renewal at least thirty days prior to such action. Certificates of Insurance on the form attached to this Section shall be.filed with the Owner prior to the commencement of the work. The stated limits of insurance required by this Paragraph 3 are MINIMUM ONLY and it shall be the Contractor's responsibility to determine what limits are adequate. These minimum limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, the Contractor is fully responsible for all losses arising out of, resulting from or connected with operations under this contract whether or not said losses are covered by insurance. The Owner's acceptance of Certificates of Insurance that in any respect do not comply with the Contract requirements does not release the Contractor from compliance herewith. 00800-3 1DTN3WP The Owner and Contractor waive all rights against each other for damages caused by fire or other perils to the extent their interests-are covered by insurance under this Section, except such rights as they may have to the proceeds of such insurance when held by the Owner as'trustee..,The Contractor shall require similar waivers by Subcontractors and Sub subcontractors. 4. RESIDENT PROJECT REPRESENTATIVE: The owner will provide an inspector during the construction phase of this project. 5. LIQUIDATED DAMAGES: In the event the Contractor fails to attain substantial completion of the entire project (all bid items) within'the time set forth in the Proposal, the Owner may withhold money permanently from the'Contractor's total compensation a sum of $250.00 per-day as liquidated damages and for added expenses for engineering services. The Owner will be the sole judge as to whether the work has been completed within the allotted time. 6. SUBSTITUTE MATERIALS OR EQUIPMENT: Not Used. 7. SHOP DRAWINGS AND SAMPLES: All Shop Drawings shall be in strict compliance with the Contract Documents. The Contractor may seek a deviation by requesting a Change order or Field Order. All approved Change ` Orders and/or Field Orders shall be incorporated into the Shop Drawings. All Shop Drawings shall bear a duly executed statement by the Contractor as set forth hereinunder. THIS SHOP DRAWING. HAS BEEN REVIEWED AND DETERMINED TO BE IN COMPLIANCE WITH THE CONTRACT DOCUMENTS INCLUDING PLANS AND SPECIFICATIONS AS MODIFIED BY, ADDENDA, CHANGE ORDERS AND FIELD ORDERS CONTRACTOR BY DATE r 8. Correction Period: If, after the approval of final payment and prior to the expiration of one year thereafter or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, and Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or, if it 00800-4 IDTN3WP has been rejected by OWNER, remove it from the site and replace it with non- defective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR. Nothing in the above paragraph concerning the correction period shall establish a period of limitation with respect to any other obligation which Contractor has under the Contract Documents. The establishment of time period relates only to the specific obligations of Contractor to correct the work, and has no relationship to the time within which his obligations under the Contract Document may be sought to be enforced, nor to the time within which proceedings may be commenced to establish his liability with respect to his obligations other than to specifically correct the work. This correction period shall be covered by the extension of the Performance Bond. END OF SUPPLEMENTARY CONDITIONS 00800-5 1DTN3WP Federal Aviation Administration Mandatory Contract Provisions DBE REQUIRED STATEMENTS - 49 CFR PART 23 This section applies to all non-construction and construction contracts. Policy. It is the policy of the Department of Transportation that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. . DBE Obligation. The recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds provided under this agreement. In this regard all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors all not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts.. INSPECTION OF RECORDS - 49 CFR PART 18 This section applies to all non-construction contracts and construction contracts. The contractor shall maintain an acceptable cost accounting system. The Sponsor, the FAA, and the Comptroller General of the United States shall have access to any books, documents, paper, and records of the contractor which are directly pertinent to the specific contract for the purposes of making an audit, examination, excerpts, and transcriptions. The contractor shall maintain all .required records for three years after the Sponsor makes final payment and all other pending matters are closed. 1 certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the, contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the contractor if at any time, it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may .direct through the Sponsor cancellation of the contract. or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall establishment of a system of records in faith, the certification required by this and information of a contractor is not which is normally possessed by a pruden -course of business dealings. be construed to require order to render, in good provision. The knowledge required to exceed that person in the ordinary This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. CIVIL RIGHTS ACT OF 1964, TITLE VI - 49 CFR PART 21 CONTRACTUAL REQUIREMENTS This section applies to all non-construction contracts and construction contracts. During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 3 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 GENERAL CIVIL RIGHTS PROVISIONS , This section applies to all non-construction and construction contracts. The contractor/tenant/concessionaire/lessee assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall,, on the grounds of race, creed, color, national origin, sex,-age,-or-.handicap-be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport a program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the airport sponsor or any the transferee retains ownership or possession of the property. case of contractors, this provision binds the contractors from the bid solicitation period through the completion of the contract. 5 t work is performed. The wage determination (including any additional classification and wage rates conformed under (1) (ii) of this section) and the Davis-Bacon Poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii) (A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and.wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determinations; and (2) ` The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the r30-day period oved by the that additional time is necessary. (hPP Office of Management and Budget under OMB Control Number 1215-0140). (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives and the contracting officer do not agree on the proposed classification and wage rate (including 7 including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker,-his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in l(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a) (1) (iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section l(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). (ii) (A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph 5.5(a)(3)(i) above. This information may be submitted in any form desired. Optional Form WH-347 is available for this 9 shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and Trainees (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where'appropriate),to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less, than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a, percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship 11 (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. (5) Compliance With Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. (7) Contract Termination: Debarment. A breach of the contract clauses in paragraph (1) through (10) of this section and paragraphs. (1) through (5) of. the next section below may be grounds for termination of the contract, and for the debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (s); Compliance With Davis-Bacon and Related Act Requirements..- All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved. in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of Eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). 13 EQUAL EMPLOYMENT OPPORTUNITY - 41 CYR PART 60-1.4(b) This -section applies to all construction contracts greater than $10,000. During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment- without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment.or recruitment advertising; layoff or termination; rates.of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without. regard to race, color,. religion, sex, or national origin. 3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will -comply with all provisions of Executive order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records; and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said 15 d. "Minority" includes: (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Aria, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it.shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions ,participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve 17 and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. C. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations_ e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled.under 7b above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.;. by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any 19 n. Ensure that all facilities and company activities are nonsegregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers,. including circulation of solicitations to minority and female contractor associations and other business associations. p. conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their. affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and nonminority. Consequently, the particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the.. Executive Order if a specific minority group of women is underutilized). 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 21 NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS - 41 CFR 60-1.8 This section applies to all construction contracts greater than $101000. 1. A Certification of Nonsegregated Facilities shall be. submitted prior to the award of a federally-assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal opportunity clause. 2. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which is not exempt from the provisions. of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CERTIFICATION OF NONSEGREGATED FACILITIES This section applies to all construction contracts greater than $100000. 1. A Certification of Nonsegregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. CERTIFICATION TO BE SUBMITTED BY FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS AND THEIR SUBCONTRACTORS (APPLICABLE TO FEDERALLY. ASSISTED CONSTRUCTION CONTRACTS AND RELATED SUBCONTRACTS EXCEEDING $10,000 WHICH ARE NOT EXEMPT FROM THE EQUAL OPPORTUNITY CLAUSE) 23 NOTICES TO BE POSTED PER PARAGRAPHS (1) AND (3) OF THE EEO CLAUSE - 41 CFR PART 60-1.4(b) This section applies to all construction contracts greater than $10,000. Equal Employment Opportunity is the Law - Discrimination is Prohibited by the Civil Rights Act of 1964 and by Executive Order No. 11246 Title VII of the Civil Rights Act of 1964 - Administered by: The Equal Employment opportunity commission Prohibits discrimination because of Race, Color, Religion, Sex, or National Origin by Employers with 25 or more employees, by Labor organizations with a hiring hall of 25 or more members, by Employment Agencies, and by Joint Labor-Management Committees for Apprenticeship or Training. Any person Who believes he or she has been discriminated against should contact: The Office of Federal Contract Compliance Programs U.S. Department of Labor Washington, D.C. 20210 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS - 29 CFR PART 5 This section applies to all construction contracts greater than $so,ooo. A (1) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph 1. above, the contractor, or any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated 25 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables Goals for minority participation Goals for for each trade female participation in each trade 18.2% 6.9% These goals are applicable to all the contractor's construction work (whether or not it is Federal or federally-assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its Federally involved and nonfederally involved construction. The contractor's compliance with the Executive order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training shall be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project, for the sole purpose of meeting the contractor's goals, shall be a violation of the contract, the Executive order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The contractor shall provide written notification to the Director, OFCCP, within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under. the contract resulting from this. solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this notice and in the contract resulting. from this solicitation, the "covered area" is nationwide. 27 Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issuedthereunder; C. That, as a condition for the award of this contract, thecontractor or subcontractor will notify the awarding official ofthe receipt of any communication from the EPA indicating that. afacility to be used for the performance of or benefit from thecontract is under consideration to be listed on the EPA List ofViolating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds 100,000 the aforementioned criteria and requirements. [For construction contracts greater than $2,000, insert the appropriate wage rate decision as the next page in the contract.] 29 U.S. Department of Labor TXBO-45 Concrete Paving Saw 8.95 Concrete Paving Spreader 9.35 Sllpform Machine 8.00 Crane, Clamshell, Backhoe, Derrick, Dragtine, Shovel (less than 1 1/2 CY) 9.25 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (1 1/2 CY & Over) 10.40 Crusher or Screening Plant 6.15 Elevating Grader 8.30 Foundation Drill Operator (Crawler Mounted) 9.50 Foundation Drill Operator (Truck Mounted 10.90 Fountain Drill Operator Helper 8.60 Front End Loader (2 1/2 CY & less) 8.45 Front End Loader (Over 2 1/2 CY) 9.35 Hoist (Double Drum & less) 9.00 Mixer (16 CF & Less) 8.15 Mixer (.Concrete Paving) 9.20 Motor Grader Operator, Fine Grade 10.15 Motor Grader Operator 9.65 Planer Operator 9.10 Pump Crete 8.00 Roller, Steel Wheel_(Plant-Mix Pave- ment) 8.30 Roller, Steel Wheel (Other-Flat Wheel or. Tamping) 8.10 Roller, Pneumatic (Self-Propel.led) 7.10 Scrapers (17 CY & Less) 7.50 Scrapers (Over 17 CY) 8.35 Self-Propelled Hammer 7.00 Side Boom 6.70 Tractor (Crawler Type) 8.50 Tractor (Pneumatic) 7.75 Traveling Mixer 7.60 Trenching Machine, Light 7.00 TRUCK DRIVERS: Single Axle. Light 7.25 Single Axle, Heavy 7.45 Tandem Axle or Semi-trailer 7.50 Lowboy-Float 9.10 Transit-Mix 7.35 Winch 7.00 Vibrator Operator (Hand Type) 7.00 WELDER 9.05 WELDER HELPER' 7.50 Unlisted classifications needed for work not Included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses .(29 CFR. 5.5 (a) (1) (June 22, 1990) 29B Vol. 11 Addendum;No. 3. Specifications.an& Contract Documents, for AIRPORT INFIELD DRAINAGE for The City of Denton,. Texas. rr Bid` Number 1143- December. 7, 1990: z1 ' S r The..AIRPORT INFIELD DRAINAGE .project is, being re-bid '.1- The-following items in, the originat Plans and Specifications,are hereby revised. Specifications: 1. Secti"om 00010,..Invitati'on~~for Bids,.Page I: The,bid opening time and date is hereby revised-to 2:00'•P.M'., January 8,,.1991. 2. Sectiom 00300, Bid Proposal The entire Bi& Proposal. is hereby replaced with,., the.- attached', , evi sed' Bi d`: ProposaT.. 3:: Section. 01001,.General.Construction Requirements, Page;l,.Item 1.03'EXCESS ` EARTH::., The folalowing s3 added at the end of,the.i.tem:: Such?'excess.earth:,.shatl` be: placed within. the full boundaries- of then indicated. °Excess. Excavation/Spoil'- Areas'` in, conformance: with. Specification Item P-152 EXCAVATION' AND EMBANKMENT,,. Section: 2.6, FORMATION OF, EMBANKMENTS... 4. Secti'on01001,;General'Construction: Requi:rements,.Page: 2„ Item 1.09 "ADDf. OR`DEDUCTD'BID ITEMS: This item is deleted:in:.its-entirety and:replace& w•ithi the~ following:. The.: three: (3)," areas: of the project. will` be bid: as. three (31 different,. di sti'nct' areas. Area I. wifi have: two (2) Additiv'e;'Ai#ernates The:'scope of work in Area -I will consistiof-the'Base: Bi'd' for: Area- lalong with one.1of these: two Additive: A]!ternates.- The- scope of work in Areas 11 ands 111:consist: of'the. bid` items. indicated` for each: in the Bid"Proposal The owner reserves.the right to delete any area:or areas-'from the scope of work and' . to use any combination of these three (3) areas in order to: ascertain the 1owest,.qual'if.-ied bidder for. the award of the contract.. Addendum No.^3-1. adden3'.doe Plans: 1. Plum Sheet Number, 1"„ "General Notes,- Quantity Summary and Index°: The Quantity Summary is delete& in its entirety and. replaced so that it reflects the changes-.to the new Bid.Proposal. 2., Sheet. Number 4, 'Drainage Area Map": The table previously. created' in Addendum:No..2-is hereby modified as-shown in order to,distinguish between the, two Additive Alternates in=Area. I:. r AREA- .D. _-DRAINA E STRUCTURES TO'BE REMOVED" I -1*. 4.: 59; 697'9a 89 9-9 10 II Y ` 11,'w12,,13,{14; ' I IS 20 &'21'.. • Structure No.'1'wil1 not be removed in Additive Alternate-No. 2 but wit]-T` be removed,. i m Addi ti.ve Alternate No.. 1. 3. Plan; Sheet Number 5 "Area. I,. Plan Profile Sheet The: northing coordinate-shown at Inlet No. 2 is incorrect. It is.hereby revised. from N: 556;478:88 to:N'556,470c88i. . 4`.- Plan. Sheet Number 5, 'Area I,. Plan W, Profile Sheet': This sheet' is., intended' to: represent portions: of thei Base, Bid`. for Area. I. an& both,' Additive. Alternates., The- Additive Alternates: wi.1.1 be described by the ' fol.lowing;-note..which, is...to be.added to:the•sheet:: The; Base Bid for Area I will includereverything on this. sheet. from, upstream of Inlet No. 2, at. approximately STA- 6+99' through: Inlet No.. 7 at STA22+79.03,. as wel l as all. of Sheet; No. 6 Additimet Alternate No. 1 will be the proposed 48" RCP improvements and 42" CMP removal shown: downstream of, an& including, Inlet. No. 2:. Additive Alternate-No,.. 2. eliminates: the. 48"' RCP improvements and. 420` CMP.' removal' from: Inlet. No. 2 to: Headwall No 1. Instead'; the- existing! 42"` CMP, will remain in use from. existing Inlet No. 10' downstream~to':existingHeadwall No-: 1 Existing Inlet No. 10 shall", be removed and the--. rtproposed.Inlet No.. 2 will;'be relocated'to the vacated location., 25 feet"f `48' RCP-@`0:35% slope will be. extended from: the end'.of"the 48° RCP in the Base: Bid (approximate- STk 6+99) to, the relocated' proposed - locatiom shown for Inlet No.. 2. Addendum, No.. 3-2 adden3'.doc. AlT other plam sheets" remaim intact and unchanged. These revised plan sheets wi11 not, be reissued at"this.time but.will. be distributed when the contract is. awarded. END. OF- ADDENDUM`. NO. 3t, RECEIPT OF. THIS, ADDENDUM `SHALL. BE ACKNOWLEDGED 4n IN THE APPROPRIATE, SPACE IN"THE. PROPOSAL Z SYk~.rc i~w { f s 'r M1~v 5 i f f C yts f k t E ~Y.a '(5 4 f f x . ] , A,Corporation:organizedrand existing:under the laws..of the State of TEXAS a partnership consisting of, N/a the business name of.' x/n an-individual.. TO: CITYl OF' DENTON: PURCHASING AGENT,. 901 BJEXAS ST DENTON 1A 76201;' PROPOSAL FOR Airport Infield Drainage, Denton Municipal Airport in. Denton,-. as'. shown on the Plans'and. covered withi specifications, and: contract: documents The undersignet Bidder, pursuant to the•foregoing,Advertisement for-Bids'. for AIP'Contract,.has carefullyrexamine& this.Proposal, the forms, of Contract Agreement. and Bonds,, the General. Provisions, the Specifications,,. the Plans, and'. the site of'the: work„ and wi'l:1: provide all the labor,. superintendence, . machinery,,. equipment,: tool`s,, materi'al's,. and' services, necessary to complete fully all the work as,provide& im the Contract Documents;, and binds: himself upon formal: acceptance` of his. Proposal,' to, executer a contract..and bonds, according,to,the.prescribed'•forms for the:following,lprices,- to-wit: i:'~1+5 "~`~Jy ~ f~i•~. rt}tt- ryx 1 1 addendum no. 3 City.of Denton, Texas` Bid Number 1143 (Revised) Item Spec. Est.. . Unit Bid Amount No. Item uant•t Unit Item Price Bid' AREA I BASE BID 1. 02121 & Ea.. Remove Existing Grate Inlets, Junction Boxes and'Headwall's for TWO HUNDRED SEVENTY SEVEN' . dollars ,and. NO Cents per unit' $ 277.00' 1662.00 2. 02121 29,400= L.F. Remove Existing Corrugated Metal Pipe for TEN dollars and sixTY Cents per unit 10.60 3.. 02224, 1,825} L.F.;:-Trench Safety System for Two, dollars and, No $ 25,440.00 cents per unit $ 2.00 $.3650.00 4. 02310, 62` L.F.. 24=Inch RCP Installed under the:Taxiway by BorinyyP~ for ONE. H[TNDRED ONE dollars.and, NO -cents, per unit. $ 181.00 $`11.222.00 00300-2 addendum no. 3` City of Denton,. Texas Bid. Number 1143 (Revised) Item Spec.. Est. Unit Bid Amount No. Item Ouantity Unit Item Price Bid 5.. 02310 70' L.F. 42-Inch RCP' Installed' under the Taxiway by Boring for TWO HUNDRED THIRTY NINE. dol.lars.and No cents.-per unit $.239.00 6 02310, 19 C.Y. Grout CMP under Runway or Taxiway, for ONE TNngEn FORTY dollars and' NO cents per unit $ $.16,730.00 140.00 2660.00 7., D-70Y-5:1. 69&. L.F., 16°' RCP' Installed by Open,Cut for TWENTY TWO doll ars: and FIFTY cents per. unit $ 22.50 8. 0-701-5.1 153 L.F. 240'RCP Installed by Open Cut for TWENTY NINE doll ars and No cents per unit $,29.00 9 D-701-51 127. L.F' 30°` RCP Instal.led. by 'Open'Cut for THIRTY SEVEN $ 15,705.00 $ 4437'.00 doll ars. and No cents per unit $:37.00 4699.00 00300-3- addendum no. 3 City of Denton, Texas Bid.Number-1143 (Revised)- Item Spec. Est.. Unit Bid Amount No.. Item ua t't Unit Item° Price Bid 10.. 0-701-5.1 291. L.F. 42°' RCP Installed by Open,Cut for- S= dollars and: No cents.. per unit $ 60.00' $.17,460.00 11._ D-701-501 524; C. F 48' RCP Installed" by Open. Cut for SEVENTY NINE dollars and NO 00 41 396 cents per unit. 79.00 , . 12. D-751-5.1 1 Ea., 71 ' x:7' Junction Box " for . mnnr.'vmvniT5ANi1 SIX HUND . dollars: and: No cents per unit $3600.00 $ 3600.00 13. D-751-5.3- 4' Ea.. Grate Inlet for TWO,HUNDRED'.TWENTY dollars and NO cents.per'unit 220.00 880.00. 14. D-752-5.0r 1. EA,.. CH'-11-B=15' 'Headwall" for 42°" RCP' for ONE..THOUSAND FTVZ HUND FD. dollars and No cents. per unit. 1500.00 $ 1500.00 SUBTOTAL [A]' BASE BID, AREA I-ITEMS 1-14 $ 151,041.00 00300-4 addendum no. 3: City of Denton, Texas Bid Number 1143 (Revised) Item Spec. Est. Unit Bid Amount No. Item uantit Unit. Item Price Bid ADDITIVE ALTERNATE No. 1 15. 02121 2 Ea.. Remove Existing.Grate Inlets„ Junction Boxes and Headwalls for TWO.HUNDRED-SEVENTY dollars and cents per unit $ 270.00 $ 540.00 16. 02121 500 L.F.. Remove:Existing Corrugated Metal Pipe for T 17. 02224 dol'.lars,and EIGHTY cents per unit $,10.80 $ 5400.00 485- L'.F Trench=Safety System for TWO: dollars. and cents per unit $ 2.00' $ 970.00 18'. 02271 3 ,C.Y`. Rock Riprap Bedding. for FIFTY FIVE dollars~ and. NO 55.00 165.00 cents per unit. $ $ 19: 02271 6. C Y`, Rock Riprap for NINETY FIVE dollars. and. NO cents per unit $ 95.00 $'570.00 00300=5 A addendum no. 3 City of Denton. Texas. Bid Number 1143 (Revised) Item Spec. Est-. Unit Bid Amount Imo. Item Quantity. Unit. Item Price Bid 20. Plans. 1 L.S. Relocated Threshold,on Runway 35 for FIVE.THOUSAND' dollars and centSper unit 21'.' 02310 115. L".F. 48=Inch RCP InstalledE under the-Runway by Boring for THREE.HUNDRED TEN dollars and No $-5-,000.00 5,000.00 cents per unit. $ 310,00 $,54,250.00 22.. 02310. 60 C`.Yt_ Grout CMP under Runway or Taxiway for ONE HUNDRED-THIRTY FIVE, dotlars: and No cents-per unit $,135.00 8100.00 23. D-701-5.1' 485 L.F.. 48 RCP Installed by OpenCut for -SEVENTY NINE. dollars. and' NO Cents per unit 79'.00" $738,315.00 00300-6: addendum no. 3 City. of. Denton,. Texas. Bid.Number 1143 (Revised) Item Spec. Est.. Unit Bid Amount No., Item Quantity Unit Item- Price Bid 25. D452-5.0 1 Ea. CH-11-B-45° Headwall for 48° RCP for TWO THOUSAND, dollars ands No -cents per unit - $ 2,000.00 $ 2,000.00: SUBTOTAL [B], ADDITIVE ALTERNATE No. 1 IN AREA I ITEMS 15-25 $ 115,530.00 ADDIT IVE ALTERNAT E No; 26. 02121, 1. Ea. Remove Existing.Grate Inlets, Junction Boxes and: Headwal`ls•for _ TWO,HUNDRED'SEVENTY dollars; and. NO cents per unit $270.00' $ 270.00 27.. 02121 25 L.F. Remove~Existing: - Corrugated. Metal Pipe for -TEN dollars',and SIXTY cents per unit. $ 10.60 $.265.00 28.<'. 02224 Trench Safety System for - TWO dollars and No cents per unit $ 2.00' $ 50.00 00300-7 addendum,no. 3 City of Denton, Texas Bid Number 1143 (Revised) Item Spec. Est. Unit Bid Amount No., Item Quantity Unit_ Item Price Bid 29 D-701-5.1. 25, L.F. 48° RCP Installed by Open Cut for EIGHTY ONE dollars and. No ..cents per unit 81.00 $ 202500 X. D-751-5.3 1 Ea.' Grate Inlet fore TWO HUNDRED TWENTY dollars and No cents per unit 220.00 $ 220.00. y SUBTOTAL [C]. ADDITIVE. ALTERNATE No.. 2 IN. AREA" I ITENS 26-30: 2,830.00 AREA 11 31. P-152-4.1 _4,225 C.Y. Unclassified"Excavation for. TWO dol-lars and' TWENTY 32.. 02121: & Ea Remove Existing: Grate Inlets,,Junction7Boxes. and Headwalls for TWO HUNDRED Slxrs-- 5 dollars and No' cents, per unit cents per unit 2.20 $ 9295.00 $ 260.00 $ 1560_00 00300-8. addendum no. 3- City of Denton, Texas, Bid Number 1143.(Revised) Item Spec. Est. Unit Bid Amount. No. Item- Quantity Unit Item Price Bid 33. 02121 2,675 L.F. Remove Existing Corrugated Metal. Pipe for ELEVEN- dol-lags and W CeDtS per' unit 11.00 S, 29,425.00 34`. 02224° 1,035 L.F.. Trench Safety: System for ONE dollars and: No cents per unit . 1.OO 1035.00 35..- T-901'-5.I 1.81 AC. Seeding for FIVE THOUSAND— dollars and. . Nn. cents. per unit $ 5000.00 $ 9000..00 36. T-904-5.E 1;156 S.Y`.. Sodding:for FOUR dollars-,and- No cents per unit $;4.00 $ 4624.00 $ 54,939.00 00300-9: addenduw no. 3' City,of Denton, Texas Bid Number 1143 (Revised) Item- Spec. Est. Unit Bid Amount. No. Item Quantity, Unit Item Price Bid AREA III. 37.. P=152-4.1 354 C.Y'. Unclassified Excavation for TW dollars. and. FIFTY M1 cents per unit 38. 02121 2 Ea. Remove: Existing, Grate Inlets', Junction Boxes and:Headwalls.for' TWO HUNDRED FIFTY dollars and No -cents per unit 39'. 02.121 '790, L. Remove Existing;' `Corrugated Metal Pipe for ELEVEN d01l ars and FIFTY cents per unit. 40'.. 02224 555. L. F.. ' Trench: Safety System: for TWO dollars• and FIFTY' cents' per unit 41.. 02271 16 C.Y Rock Riprap-Bedding for :FIFTY FIVE dollars and No addendum no. 3 $2.50 $ 885.00 $ 250.00 900.00 $;11.50 $;9085.00 $ 2.50' $ 3387.00 cents per unit $.55.00 00300-10 $ 880.00 City of Denton, Texas Bid Number 1143 (Revised) Item. Spec.. Est. Unit.Bid. Amount Imo. Item Quantity Unit Item Price Bid 42. 02271, 32' C.L . Rock.Riprap:for NINETY EIGHT dollars and NO. cents. per unit $ 98.00 3136.00- ` U." .02310 69 L F 30-Inch:RCP Installed ' under the Taxiway by Boring for TWO HUNDRED TEN dollars and: No cents- per unit $ 210.00' $.14,490.00 44.._ 02310= 14 C.Y.: Grout CMP,under Runway or Taxiway for :.ONE HUNDRED-FORTY FIVE 5 s - :dolIars.and' NO. - cents per unit $545.00 $ 2030.00. 45.• P=610-5.1- 10' C.Y. Concrete Riprap for TWO' HUNDRED F.TGHTY - dollars and, No cents. per unit 280.00 $ 2800.00 46. D-701:-5.1. 441. L.F:. 18! RCP,Installed°by Open-Cut for TWENTY.THREE ` 'dollars and NO cents,per unit $23.00 $10,143.00 00300-11 addendum no. 3 City of Denton, Texas Bid-Number 1143.(Revised) Item. Spec. Est. Uni.t Bid` Amount. Na. Item Quantity Unit Item Price Bid' 47'. D-701-5.1 411 L.F. 30" RCP Installed.by Open Cut for THIRTY SEVEN dollars and, No ,.:cents per_unit $ 37;00 48. 0451=5.3 2 Ea. Grate Inlet for dollars and. NO cents per unit. 220.00 49. - D-752-5,.0: 1 Ea.. CH-11-8-15° Headwall :for.,300 RCP for _ NINE HUNDRED FIFTY dollars: ands cents per unit $ 950.00 50. 0-752-5.0 2: Ea. CH-11-8-45°'HeadwalI for 30°' RCP' for ONE'THOUSAND dollars and No $ 15.207.00 440.00 $ 950.00: cents, per unit 1000.00 $2000.00 51. T-901-5.1, 0`.3 AC Seeding for EIGHT THOUSAND do1lars, and. NO 8000.00 2400.00 -per cents unit $ SUBTOTAL [E] AREA III ITEMS 37-51 $ 66,333.00 00300-12` addendum no. 3 r City of Denton,-Texas Bid Number 1143 (Revised) AWARD: (To be filled in by Owner at time of Award) AWARDED (Y/N), AMOUNT (IF AWARDED) 151,041.00 $ 115,530.00 $ 2;830.00 54,939.00 AREA III:BASE BID'.[E]1 66,333.00 AREA II BASE BID (D] TOTAL AWARD $ 390',673.00 Accompanying.this Proposal is bid'security -payable to the City of Denton for 5% GREATEST AMOUNT BID" Dol'-l'ars.($ 5% GAB' which represents.fi.ve percent 53%) of the total bid price.- Saidlamount shall: be returned-to the bidder, unless-inscase-of the-acceptance of, the proposal or if the bidder fails to execute and file a contract on or before tentdays after acceptance of said'proposal,.in which case the.check shall' become the property of the.City of Denton, and shall' be considered as.payment for damages due to delay and other inconveniences suffered by the City of Denton due to the failure of the bidder to execute the.contract. The City. of:Denton- reserves the right to reject any and, all.- bids. The Owner wi1l:act.ont this proposal within 30 days following. the bid opening. Upon,acceptance and-award'of the contract to the undersigned :by the Owner,. the undersigned shall execute the required'•Contract.Documents.and make:Construction: and'.Payment Bonds for the full amount of the contract.within ten days following the award,. to secure proper compliance with the terms and provisions of the. contract,. tolinsure and-guarantee the work until final completion and acceptance,. and'to guarantee the work unti-T final completion and acceptance, and to guarantee payment of a1T.lawful' claims for Tabor performed.and`materials furnished in the fulfillment of the contract.` The undersigne& certifies that.the bi& prices.contained'in this proposa1 have been carefully checket and are submittedlas correct and final. The undersigned agrees. to substantially complete the awardedscope of work covered by these Contract Documents within 120 consecutive calendar days. from. the day established' for the. start of the work asset forth-in a:written:Notice to Proceed to be issued by the Owner or by the°Engineer for the Owner.. Except by mutual agreement of the Owner 00300-13 addendum no. 3', City of Denton,. Texas Bid Number 1143 (Revised) and of the contractor,. the date established for the start-of work will be not less than-ten (10), working days or not more than thirty (30) days after the date of the Contract Agreement. In the event.the Contractor, fails to attain. substantial completion of the awarded scope of work within.,the time set forth in•the•Proposal, the Owner may withhold money. permanently from the Contractor's total compensation a sum;of $250.00 per day as l'iquidatedAamages and.for added expenses for engineering services. The Owner will be the, sole? judge.as: to. whether the. work has been completed within.the allotted time. Receipt is acknowledged of: the-following addenda: Addendum No. 1. YES Date of Receipt: 9/12/90 Received by: MCS ikc-s Addendum,No.. 2• YES Date of Receipt: 1°1/5/90. Received by: MCS M cs' Addendum-No. 3:= YES Date.of Receipt:: 121.14/90 Received. by: MCS M cS Respectfully submitted, CBS MECHANICAL, INC., (SEAL);'-If'Bidder is:a,Corporation r'JANUARY 8'„ 1991 By: MIKE C. SCHLOEMAN, VICE PRESIDENT Address: 5001 W. UNIVERSITY DRIVE DENTON, TEXAS 76201 817-387-7568: 00300-14' addendum no. 3 THE AMERICAN INSTITUTE OF ARCHITECTS / A/A Document A io Bid Bond KNOW ALL MEN BY THESE PRESENTS, dm e C.B.S. MECHANICAL, INC. 5001 W. University, Denton, TX 76201 as Principal, hereinafter called the Principal, and HARTFORD CASUALTY INSURANCE CO. N.O. Box 927,. Dallas, TX 75221 w .w rw#At....r dRm w bW.N, Iam" a corporation duly organized under the laws of the Stage of Indiana as surety, herein ter called da Surety. are held and firmly bound wft 0"M ~~.60 ad aaa..W bw nR, r own" CITY OF DENTON, TEXAS as Obligee, hereinafter called the Obligae, in the am of Five Percent of the Greatest Amount Bid - - - - - - - - - - - - - - - - - - - - - - - Dollars Q S$ G. A. B. I. for the paynant of which sum well and truly to be made. dw said hkidpal and dal a" Surety, bind ounelm. our heirs, eaecuron, administratom suconaon and amen joNM1y and nuwaYy, N lows prawtL N6 . WHEREAS, the Principal has aubnl*" ebid for a4w 4..A Y eaw, 4aa= ai=aiam w4a.el Bid #1143. -Addendum #3 Airport Drainage Re-Bid NOW. TNaatrOCI. it Ow Wire dog soap de W of de "&AW ad ft Mrlps *An ~ nn a Cow ,_2 %*h M Owipe w aoI ' wa%"s or nab 614 4wd Ow wdl b A w b wa r =or be opmaw n a. bwZn w twnaR Oaem om .m Seed ad naidaia nny tw Ow b~ PedouNw W aad► Q=Mao ad b", 9 pwwwa at Yw one moor w Iwwidn/ in Oa Tana . 01w84 OF in ee Mr d on Was at do tit A*d r wow 0,& C,aweel ad rw wta Mad or b A6 0 M hnppt dlle Pw is de OWdia So doWm a am • ae•d r pads, bmat bMmm Ow aewwe wdaad n n4a W ad ndi 10W rwr M .6k% du OY~re anal' r /ad W `ras W" Vadiw "AV r wbm dr W&* ea.wd br oY bid. f w di Arew" i/ be n(ad.d4 seem" r rob nYbmadis. Sips/ and wdad rrla 8th `y ld' January 'a 91 1 L C.B.S. MECHANICAL tNr S. MULROY, PRESIDENT W. Lawrence BrM, Attorney-in-Fact,-- MA DOa4.NMr Alta • a1D 00040 • AN d • nW""T Taro t0 • nt AWARICAN NAIITUrt Or ARCMIRCT% rns N.V. AVE. rLw. wAW'4004l O. r- MM t DATE FEBRUARY 5, 1991 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrel L, City Manager SUBJECT BID #1185-WILLOW SPRINGS DRAINAGE 3EQQMMENP-AXIQM We recommend this bid be awarded to the low bidder, J-N Construction in the amount of $463,426 11 UHMAH.X This bid is for the labor, materials and supplies to install the specified dra]nage and other related items in the Willow Springs area kACKQAQjRR Tabulation sheet Memorandum from Jerry Clark dated 1-25-91 PROQBAM~~_pMPA~TM~N~_QB__QRQ~Ps~_AFFEC~ED Engineering Department and citizens utilizing the affected areas EI59AL-IMPA91 C I P Bond Funds acct #432-002-SB85-8516-9105 Prepared by - Name Denise Harpool Title Senior Buyer Approved Name Tom D Shaw Title Purchasing Agent Respect ul/lyy submitted v Lloy V Harrell City Manager DH/jh 111 DOC BID # 1185 BID NAME WILLOWSPRINGS DRAINAGE OPEN DATE DECEMBER 13, 1990 ACCOUNT # # I QTY I ITEM DESCRIPTION 1 I I I BASE BID I 2 I I 1 ALTERNATE I 3 1 I ~ I UTILITY RELOCATE 41 I I ~ I 1+3 I I I I I I I I I I I I I I I I I I I BOND I I I 1 I I I I I I I I I I I 1 I I I I I I I I I I I I DICKERSON CONST I VENDOR $644,333 50 N/B $,11,175 00 $665,508 50 YES 1 TROMCO CONST VENDOR $460,362 33 N/B $11,450 00 $461,812 33 YES I J-N CONST VENDOR $443,771 11 N/B $19,655 00 $463,426 11 YES /9'9 Jglr CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON TEXAS 76201 / TELEPHONE (817) 566 8200 MEMORANDUM DATE January 25, 1991 TO Tom Shaw, Purchasing Agent FROM Jerry Clark, Director of Engineering & Transportation SUBJECT Bid 1185 - Willow Springs Drainage The low bidder on the project is J-N Construction from Richardson, Texas They previously did some good work for us building the bridge for McKinney street crossing Pecan Creek between Frame and Bradshaw streets The bids received were above our original estimates done in 1985 by about $145,000 Considering the original planned start date was 1987, inflation has had some major effects on costs Also in 1987, there were a lot more contractors available to do work so a low bid leaving a significant amount on the table was a regular occurrence This project has been delayed since 1987 by litigation with Ali Khafagi We had recently signed an agreement to complete the work but now have received word that the lawsuit has been dismissed We feel that 3 good companies bid the project Bid prices are above past projects but that has been the trend on all work let for contract lately The bid and the additional funds requested were considered by the "91" Committee for approval on January 18, 1991 A recommendation of approval was forwarded to City Council for final consideration Please place this project on the agenda for February 5, 1991 for consideration of approval l~ J y C1 r 0941E STATE OF TEXAS COUNTY OF DENTON h CONTRACT AGREEMENT .6. 9j-01? THIS AGREEMENT, made and entered into this 5 day of FEBRUARY A.D., 191, by and between 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 .J-N CONSTRUCTION CO.. INC. . 1113 HAMPSHIRE LANE. P.O. BOX 830540. RICHARDSON, TEXAS 75083-0530 of the City of RICHARDSON , County of DALLAS 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: RTD 011RS - LITTIAW QPPTVr nPATWAIV Tv m V A.^Tl l na •[11 1w1 ii Purchasing Order #12076#12076 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 1other drawings -Specifications and printed or written explanatory matter thereof, and the therefore, as prepared by CITY of DENTON FNr.TNFFUTxr. cTAFF , 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 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: 04" CITY OFD ON OWNER B L/ (SEAL) J-N CONSTRUCTION Cv, l ~c . CON CTOR By - - ~s~ Title 117 (SEAL) APPROVED AS TO FORM: Attorney CiYjr 0 CA-3 0114s ATTEST: PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON ) ( KNOW ALL MEN BY THESE PRESENTS: That J-N CONSTRUCTION of the City of DENTON County of DENTON , and State of TEXAS as PRINCIPAL, and UNION MUTUAL INSURANCE COMPANY OF PROVIDENCE , 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 FOUR HUNDRED SIXTY THREE THOUSAND FOUR HUNDRED TWENTY RTY ANn ii/tnn---- _ Dollars 46Z 476.77 ) 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 FEBRUARY , 19 91, for the construction of BID #1185- WILLOW SPRING DRAINAGE IN THE AMOUNT OF $463,426.11 Purchasing Order #12076 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 6 day of February 19 91, .Gays ~ ~ lrV , Principal By Title Address (SEAL) Union Mutual Insurance Surety Title Resident Agent Address 1702 N. Collins,,,#2,1'9 ce g Richardson Texas 75080 -F (SEAL) The name and address of the Resident Agent of Surety is: A_RD-KNOX INSURANCE. INC. N. V_ n RICHARDSON. TEXAS 75080 .-o -4170 ~ G vb 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 J-N of the City of RICHARDSON , County of DALLAS and State of TEXAS as principal, and UNION MUTUAL INSURANCE OF PROVIDENCE 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 FOUR HUNDRED SIXTY THREE FOUR HUNDRED TWENTY SIX AND 11/100-- Dollars C$ 46i_426.11 ) 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 with the Owner, dated the 5 day of FEBRUARY a certain written contract , 19 91 . 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 prosection 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 o day of February 1991 .-J -IJ 61-4f Principal B Y Title &Z~/? Union Mutual Insurance Surety L Title Resident Agent Address Address 1702 N. Collins, #219 Richardson Texas 75080 xi (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: ARD-KNOX INSUcRANCE, INC. 1709 N r0T!_,jK,' 219 RICHARDSON. TEXAS 75080 294 $796 S5 }i~95 PB-4 0092b MAINTENANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT J-N CONSTRUCTION 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 Fort -six Thousand Three Hundred Forty-two and 61/100----- Dollars 46,342.61 , 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 J-N CONSTRUCTION has this day entered into a written contract with the said City of Denton to build and construct BID #1185-WILLOW SPRING DRAINAGE 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. ME-1 0093b a o-. ' ei. 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 J-N Construction Company, Inc. as Contractor and Principal, has caused these presents to be executed by _Gene Jackson. President and the said Union Mutual Insurance Company as surety, has caused these presents to be executed by its Attorney-in-Fact and the said Attorney-in-Fact has hereunto set his hand this 6 day of February , 19 91 . SURETY: Union Mutual BY: 'Attorney-in-Fact a rti PRINCIPAL: J-/N Construction C HB-2 0093b Employers Mutual Companies N2 0 0 8 2 5 0 P. 0. Box 712 Des Moines, Iowa 50303 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT Notice: The warning elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that: Employers Mutual Casualty Company, an Iowa Corporation Illinois Emcasco Insurance Company, an Illinois Corporation Emcasco Insurance Company, an Iowa Corporation - Dakota Fire Insurance Company, a North Dakota Corporation Union Mutual Insurance Company of Providence, American Liberty Insurance Company, an Alabama Corporation a Rhode Island Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: JAMES E. ARD, D. WAYNE ARD, INDIVIDUALLY, RICHARDSON, TEXAS---------------------------- its true and lawful attorney-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: IN AN AMOUNT NOT EXCEEDING ONE MILLION DOLLARS ($1,000,000.00) and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at meetings duly called and held on Mae-c[79719837 RESOLVED: The Chairman of the Board of Drectors,-the Piesident,-a ny,Vice-President , the-Treasurer and the Secretary shall have power and authorit to 1) appoint z i i i x , i i y ( ) ppoint attorneys-in -fact and authorize them to/execute on,behalfzof the Company and attach the seal of the Company thereto, bonds and undertakings, recog niza nces,~contractof ~mdemnity and otherywritings obligatory in the nature thereof, and (2) to remove any such attorney-in-fact at any time and revoke the power and authority given,to him./Attorneys-in-fact shall have power and authority, subject to the terms and limitations of the power of attorney issuetl-to them t%xecute and deliver on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings, recognizances-contracts Of/i Aemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney-in'fact shall.be fully and n•all,respects binding upon the Company. Certification as to the validity of any power of attorney authorized herein' made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this company. The facsimile or mechanically.reproduced,signature of_such officer, whether_made-heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attorney of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed. IN WITNESS WHEREOF, The Companies have caused these presents to be signed for each by their Chairman and Assistant Secretary, and the Corporate seals to be hereto affixed this Utz day of - , 19_n~ February WARNING: This power invalid if red diagonal imprint "Employers Mutua4.0 parties" is not present in its entirety, and if the signatures of the officers and notary public do not appear in blue, and if the "EMC" w k does pot appear in the top half center of the page. Seals `..p'INsug4 CPS'''FOPai,`~'' S o SEAL''=3 SQ= tOWP 1011-.1111 PANC, Cam' uN$I,9 , q , 1863 o ; 1953 = F.I. 'c- 6= D- T ~ 4, . ~uur " • ' ` ; oeeoaa~ of , - O iPe 0R4 ; a Z - 7s . c:f ts SEAL SEAL J_ OrP • 9t ' SMOI S)~~ ` , " H OPK SEAL f NE • ~ I KRISTIE L TYLER f COMMI I EIXPIRES CERTIFICATE Notary Public I, Richard E. Haskins of the Employers Mutual Casualty Company, do hereby certify that the foregoing resolution of the Boards of Directors by each of The Companies, and this Power of Attorney issued pursuant thereto on on behalf of~rtn1 FF n 7~ W z,.-~ , are true and ct~rBCtCd"2r2 AI.Abrc23W 19-Ard In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of 19 c Form 7B32 Fourth Reprint Vice-President L~ kl~ ~ Robb B. Kelley John M. Van Sloun - Chairman Assistant Secretary On this _26th~ day of AD 19 before ` me a Notary Public in and for Polk County, Iowa, personally appeared Robb B.. c Kelley and John M. Van Sloun, who being by me duly sworn, did say that they.-' are, and are known to me to be the Chairman and Assistant Secret y, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of The Companies by authority of their respective Boards of Directors; and that the said Robb B. Kelley and John M. Van Sloun acknowledge the execution of said instrument to be the voluntary act and deed of each of The Companies. My Commission Expires _ October 2, 1992 ' INSURANCE MINIMUM REQUIREMENTS C 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 is 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 Name and Address of Agency City of Denton Reference: Project Name: Project No: Phone Project Location: Managing Dept: Name and Address of Insured: Companies Affording Coverage: A B Phone 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 - Occurrence - Claims Made (see #4-Page CI-4) Bodily Injury S Broad Form to Include: Property Damage $ - Premises/Operations - Independent Contractors - Products/Completed Operations Bodily injury and Property - Personal injury Damage Combined $ - Contractual Liability(see #3-Page CI-4) - Explosion and Collapse Hazard - Underground Hazard - Liquor Liability Coverage - Fire Legal Liability (see 715-Page CI-4) - Broad Fonn Property Damage - - - Professional Errors/omissions - - ' - occurrence - claims made (see #4-Page CI-4) Comprehensive Automobile Bodily Injury/Person Liability Bodily Injury/Accident -.Owned/Leased Automobiles ----P----- - Property Damage - Non-owned Automobiles - Hired Automobiles Bodily Injury/Property Damage Combined S - Workers' compensation and Statutory Amount Employers' Liability eac acct ent - Owners' Protective Liability S 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 Bolder. CITY OF DENTON, TEXAS PURCHASING AGENT 901-B TEXAS ST. DENTON, TEXAS 15201 rt - I AUTHORIZED REPRESENTATIVE SEE DEFINITIONS ON PAGE Cl 4 AT7ACHEU. 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. CONTRACTURAL 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 BID # 11RS PROPOSAL TO THE CITY OF DENTON, TEXAS. FOR.THE. CONSTRUCTION OF Willow Springs Drainage 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.. 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 Willow Springs Drainage (Base Bid) .2 r'S War BID TABULATION SHEET s WORK DAYS 60 BID NO. 1185 PO NO. TOTA I Preparation of I I I I" 3.1 I Right-of-Way I I LS I $ DN o0 /LS I Barricades, Warning I I I I 8.1 I Si ns and Detours I I LS I" $ OO LS' I $ Remove Concrete Curb 3-C Remove Concrete Driveway 4 1/2' Asphalt Pavement I Asphalt Pavement 12' Asphalt Pavement I I I I 5.7-D I (TYpe D Patch Material) I 10 I Ton I $ /0&00 /Ton I $ /d00 I I b 8.3 I 6'' Concrete Driveway I 125 I SY I $,tey0 /SY I on 1 3,000 PSI. I f I I" 8.15.A I Concrete Rip Rap I 5,674 I SY 1 $ 30 Oo /SY I $ /70170 ~0 16' Lime Treatment I f I I 00 5.8-A I 4' Concrete Flatwork I 4 1 SY I $2600 /SY I $ /00"'-V I Concrete Rip Rap I I I I 8.15.B I (3500 PSI) I 580 1 SY I $2a'00 /SY I $ /9770 vy) 6 Y J P - 3 Willow Springs Drainage - (Base Bid) BID TABULATION SHEET x 5 Box Culvert WORK DAYS 60 BID NO. 1185 PO NO. 2.12.3-A I (Direct Traffic) I 216 I LF I $ ~N /LF Lt I 2.12.3-B 8_x 4 Box Culvert I I I 172 1 LF I I $Ikk,00 /LF I I $ 'l99~.op I I 2.12.3-C 1 6 x 4 Box Culvert I 12 1 LF I I $ /7y 00 /LF 1 .12i0n,vn ~ ~ I I I 7.6.A 110' Curb inlet (Type I) I 1 I EA 1 $/5'00.00 /EA I $/0,00 I Break into Existing. I I I I do 7.4 I I Concrete Encasement I I_ 3 I I CY I I $ 7~ 00 /CY i 1 $ . ~2 Od 1 I I SP-2 I Concrete Saw-Cut P 85 1 . LF I eOO /LF' I I $ /i , 7 od I I l I 3.7 I Compacted Fill I 1.074 I CY I ..7A /CY I I $a2 9~2/~S' I 3.10.7' I Hydromulch I I I 16,634 1 SY I I $ 0. ti /SY I I 0 !~2 /O I I I I i •3.10.3 I Seeding 1 16,634 1 SY 1 $ 0•=j~ /SY I' $ yf//i•O,2- Total with Seed instead of Hydromulch I 7,12 <03 *This item may replace 3.10.7 (Hydromulch).. P - 4 WORK DAYS 60 " BID NO. 1185 Willow S prings Drainage PO NO. (Alternate) BID TABULATION S HEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE ;/TOTAL Contractor's Warranties I I I j 1.21 I and Understandings I I LS 1 $ /LS /I $ I eparation of I i I / I 3.1 1 Ri ht-of-Way I I LS I $ /L S I $ I Bar LIA Cade s, Warning I I I I 8.1 1 Si ns\.and Detours I I LS I //LS I $ Remove oncrete Curb 3-B" I and Gutt r I" 880 I LF I $ /LF I $ F Remove Co ete Driveway r I I / I I 3-C I and Sidewa I 112 1 Sy ! I .S /Sy I$ I I I ~ i SP-33 I Remove Curb In et I 1 I EA /I $ /EA 1 $ I I 1 I I 3.3 I Unclassified 'Excavation I 7,536 I Cy I $ /CY I 14 1/2' Asphalt Pav ant I I I I 5.7-A 1 Base ( e A) 1 1,983 I/SY 1 /Sy 1 $ 1 1 1/2.' Asphalt Paveme"It I I / I I 5.7-B I (Type D) 1 1 983 1 SY 1 SY 1 $ 1 2' Asphalt Pavement I I I I 5.7-D I (Type D Patch Material) I 10 P Ton 1 $ /Ton 1 $ SP-40.A 1 Remove 42' RCP I I 248 I 1 LF" i I $ LF I I $ SP-40.8 I_Remove 48' RCP' 28 1 LF' I /LP I t. SP-40.C I Remove Existing Box I ICulverts I 156 I LF I I $ /LF I I $ 8.2-A I I I Concrete Curb and Gutter 1 889 I I \ Le I I LF" I $ 7.4.5 I F I Class A Concret/e I 19 i I CY 1 I $ I CY I SP-3 I I I Reinforc g Steel 1 1.774 I 1 Lbs I S I /r.hs 1 4 8.3 16'- Co rete Driveway I 125 I SY' I S /BY I $ 13,00 PSI I I I I 8.15.A I Co rete Rip Rap 100 SY 1 $ /Sy 1"$ 1 6/F Lime Treatment F I I I 4.6-A I Type A Lime Slurry 31 I Ton I$ I T 1$ I 5.8- 14' Concrete L Flatwork I I 1 4 I BY I I /Sy $ I Prepackaged Concrete I I I I P - 5 Willow Springs Drainage \ (Alternate) X 5 Box Culvert WORK DAYS 60 BID NO. 1155 PO NO. BID TABULATION SHEET 2.12.3-B 18 4 BOX Culvert I 172. I LF I $ I $ 2.12.3-C 1 6 x 4 ox Culvert I I I 12 I LF I$ LF I$ 7.6.A 1 I 10' Curb Break int nlet ( e I) I Existing I I I I 1 I EA I $ gA I I I i item may replace 3.10.7 (Hydromulch). P - 6 Willow Springs Utility Relocation BID TABULATION SHEET ITEM DESCRIPTION OUANTITY rrerrm WORK DAYS 10 BID NO. _LLLL_ PO NO. rtmrm 1.21 7.6' 2.12.14 Contractor's Warranties and Understandin s 5' Concrete Manhole and Cover 18-' PVC Sanitary Sewer 1 85 LS EA LF J_30&0,(,()/LS /EA 1-41,23,00 /LF ;3060.0 00• c0 0 X5,00 SP-8A Remove Manhole 1 EA /gA SP-23' Remove 18' Sanitary Sewer 105 LF /LF a OU v0 SP-37 SP-10 Excavation Protection Rock Excavation 85 50 LF CY 0.70 /LF 00 /CY <f6~0.0d ar 7 U~ TOTAL S sJ~O~} P - 7 WILLOW SPRINGS DRAINAGE 1. Base Bid - Standard Concrete Rip Rap 2. A ackaged oncrete Rip Rap 3.. Willow Springs Utility Relocations 4. 1. + 3 Work Days ~y 90 ,4-,0 7-77 . to boo g` Bid Price s 44-3, 77/. $ l9, 6ss cx:? $ 463, ¢Z6, $ do gy_-p B - 1 BID SUMMARY TOTAL BID PRICE IN 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. Street, A ANE BOX 830530 0 RICHARDSON, TX 75083.0530 City an State seal &=Authorization (If,a Cerporation) T-2I?-l"3I-0452 Telephone B = 2 DATE FEBRUARY 5,1991 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BELL #1201-BELL MCKINNEY INTERSECTION BE-COMMA 10 We recommend this bid be awarded to the only bidder Larry Manning, Inc in the amount of $74,336 00 jaRMMALY This bid is for labor, and materials to widen and repair the intersection of Bell and McKinney streets Larry Manning, Inc was the only bidder but his bid price was under the engineers estimate of $80,000 0o UCg2$QU k Tabulation sheet Memorandum from Jerry Clark dated 1-25-91 PROU,$AM~y_DEPAgTMENT_0~__CagOUP~S_AFFECTED Engineering Department and citizens utilizing the intersection FIUDAU_IMPAUT Budgeted CIP Bond funds acct # 436-020-GO87-9105 Prepared by Name Denise Harp of Title Senior Buyer Approved Name Tom D Shaw Title Purchasing Agent Respec lly submitted v W Lloyd V Harrell City Manager DH/jh 110 DOC BID # 1201 I L BID NAME MOMMey @ Bell I ARRY MANNING I I nc I I Intersection Improvementsl I I I I OPEN DATE January 24, 1991 I I I I I I I I I I I ITEM DSSCF=CN 1 I VENDOR I VENDOR I VENDOR 1 I I I I BASE RID 1 I I I $74,336 00 1 I I (Asphalt & Cororete) I I I I I I I I I ALTERNATE BID 1 I I I $75,658 75 1 I I (All Comrete) I I I I I I I I I Bid Bond? (YeS/No) I I I I YES I I I f 109 1hw' ?r I ' 23 CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON TEXAS 76201 / TELEPHONE (817) 566 8200 MEMORANDUM DATE January 25, 1991 TO Tom Shaw, Purchasing Agent FROM Jerry Clark, Director of Engineering & Transportation SUBJECT Bid 1201 - Bell-McKinney Intersection The project was placed out for bids again after only one response was received for $90,000 and this was $10,000 over our construction estimate of $80,000 We felt the response was not adequate to guarantee reasonable pricing The recent opening again had only one bidder but the prices have come down to $741336 The savings from the rebidding are $15,000 Our new low bidder is a local contractor in good standing We feel the project should be awarded to Larry Manning, Incorporated They are completing the last stages of the sidewalk project now and will be available to complete the work on schedule J r y C" 0941E CONTRACT AGREEMENT ISTATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 5 day of Februarv A.D., 19 91, by and between The City o Denton of the County of Denton and State of Texas, acting through Lloyd V. Ha rrell thereunto duly authorized so to do, hereinafter termed 'OWNER,' and Larr y Nanning, Inc. . 821 Rings Row. Den ton_ Texmc_ 7F~n i_ 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 11201 - NCRINNEY AT BF.i.7. 7NTF.RSF.(:TTnN TxvRnvre ru mvv ewnrrvm nu $74.336.00. Purchasing Order #12079 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 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: , t~7 C n V "ATTEST,:', CITY OF D TON OWNER By (SEAL) LARRY MANNING INC. CONTRACTOR Title (SEAL) CA-3 0114s Boni] No. TX-470045 PERFORP"CE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That Larre Manning Inc of the City of npnr County of and State of TpY^a as PRINCIPAL, and Merchant Bondin C an Mutual 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 TF,p ctr of n y n on as OWNER, in the penal sum of Spvpnty A r Thnncd Thrp Ai ri 71 n0/100 Dollars 74,336.00 ) for the payment whereof, thed 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 February, 19 91 , for the construction of BID Ol - MCKINNEY AT BELL INTERSECTION II4tPOVEMENTS IN THE AMOUNT OF 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 Eorce 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 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 sealed this instrument this 5th day of February LARRY MANNING, INC. Principal By G /ILuG i (G~v~L4~ Title U~ Address 821 Kings Row ton, TX 76021 Surety have signed and 1991 MERCHANTS BONDING COMPANY, INC. Surety Pauline L. Lesch Title_ Att.orney-in-Fact Address P. O. Box 1150 Lewisvi11e,,tTX;7 :;`f (SEAM ) (SEAL)' ; -The name-and address-of the Resident Agent of Surety is: PCL INSURANCE AGENCY, INC. 206 Elm St., Suite 105, Lewisville, TX 75057 NUPE: Date of Bond must not be prior to.date of Contract. PB-2 0091b PAWIENT BOND STATE OF TEXAS COUNTY OF Denton KNOW ALL MEN BY THESE PRESENTS: That Larry Manning Inc of the City of Denton County of Denton and State of Texas as principal, and - Marrhant.n 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 _Seventy Four Thousand Three Hundred Thirty Six and no/100- Dollars - 74,336.00 ) 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 5 day of February - 19 91 . BID #1201-MCKINNEY AT BELL INTERF,SECTION IMPROVEMENTS IN THE, AMOUNT OF $74, 335.00. Purchase Order #12079 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 prosection 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 Sur, for val extension of timeet alteration uor addition tot the teermsaof or the econtdrawingsract work performed thereunder, or the Plans,, specifications sats . es that no change, , or to the same, shall 'in anywise affect its obligation on this bond and es he the accompanying. waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be it does he performed thereunder. IN WITTINESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 5th day of February 19 91 LARRY MANNING, INC. Principal By Title U~ MERCHANTS BONDING COMPANY (MUTUAL) Surety Pauline L. Lesch Title Attorney-in-Fact Address821 Kings Row enton, TX 76201 ' (SEAL) Address P. O. Box 1150 The name and address of the Resident Agent of Surety is: PCL INSURANCE AGENCY, INC. 206 Elm St., Suite 105, Lewisville, TX 75057 PB-4 Lewisville,_,TXh75067 0092b STATE OF TEXAS COUNTY OF- DENTON ) ( MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT as Principal, and Merchant Bonaine.I Texas, as Surety, do hereby oacknowledge a themselves tto be held the City of Denton, A Municipal Corporation of the State of and assigns, at Denton, Denton Count Thirt Three an y, Texas the sum of-#U= the total amount of the contract for the a -Dollars C$~y curet d P yment f and bound to p Texas, its suc y o hereby bind themselves o which sum said severally. , their successors and asssigns, This obligaticn is conditioned, however, that: Larry has this day entered into WHE said mitt n contract with the~saidiCity of D enton to and construct Bid #1201 - MCRZNNEY AT BELL pg .0 INTERSECTION I"ROvpMENTS IN THE AM which contract and the plans and specifications Denton, City of therein mentioned, adopted b led wi the City ry of said and expressly incorporatd herein byt reference andemadeaa part hereofias r were written and set out in full herein, and: thoughthe S, under plans,, contract, it is providedWHthFat t he Contractors willimai tain ,andskeep in g ood the work therein contracted to be done and performed for a period of one(1)e from the date of acceptance thereof and do all necessary backfilling that become necessary in connection therewith and do all necessary work toward repair of any defective condition growing out of or arising from the impri construction of the improvements contemplated by said contractor on construct the same or on account of improper excavation or backfilling, it being undersi that the purpose of this section is to cover all defective conditions arising reason of defective materials, work, or labor performed by said Contractor, and case the said Contractor shall fail to repair, reconstruct or maintain s improvements it is agreed that the City may do said work in accordance with s contract and supply such materials and charge the same against the said Contrac and its surety on this obligation, and said Contractor and surety shall be sub3 to the damages in said contract for each day's failure on the part of s. Contractor to comply with the terms and provisions of said contract and this bond unto and and and r by in t 0093b ME-1 agreement to maint period of one (1) shall be null and force and effect. NOW, THEREFORE, if the said Contractor shall perflorm - its ain_-said-construction and keep same in-repair for the maintenance year, as herein and said contract provided,- then these presents void and have no further effect; otherwise, to remain in full continuing one against the Principal and Surety and- that,successiveorecoveries emay 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 Larry Manning, Inc, these presents to be executed by as Contractor and Principal, h and the said Merchants Bonding Company (Mutual) as surety, has caused these presents to be executed by its Attorney-in-Fact Pauline L. Lesch and the said Attorney-in-Fact has hereunto set this 5thday of February , 1991 PRINCIPAL: G COMPANY(MUTUAL) V1'50 TX 75067-1150 tfB-2 s 0093b LARRY MANNING, INC_ i1t5 t:70'i,~c~ !ntal:.~ ~ f 11 ir 4:'~ ~r, _ - ~ k 4' C 0- A l, G. (JAI 8492 T T 1 6 • o ~ ~P A E OF !A 0 .y R t S ' ' AL CCLINTY O4 POLK. ^e^• I.MJ Long. V~r.P•e<.a..nto+:^f;ERCHAA:TS BONDING COP.SPANV It 1, t~. t he, re .;ed+ore3o g is It :run oro U;r,cc' ~ ipy n' f-e POWER OF ATTORNFY oxta jlr , ty COPl.PANv J.V At,.:•f~ 5:,I- 's-co a^d e°ect In W,tneas'N',ereol, i lave were,.: !o s51 ^,y n.r,o a^,d a+f +cd it o sea' of n•? Go•npany. nt Le W : s,- this fifth day o! February tg 91 Tnis power o! attorney exp,es .December--31 , 1992 _ BID NO. 1.,CK'inney Street Widening PO NO. Base Bid (Asphalt and Concrete) BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL I Contractor's Warranties I I I 1 I w 1.21- 1 and Understandings I - I LS 1 $ 1,/;S0%LS 1 S k 0 I Barricades, Warning I 1 I' co 1 20 8.1 I Signs and Detours I - I LS 1 $ ltY l) /LS 1 $ 1666 I Preparation of I I i ep 3.1 I Right-of-Way I - I LS I OO /LS I $ 5~rn I I I I I SP-10 I Rock Excavation I 50 I CY _ I $ /CY 1 $ i I ob I ~ _ SP-37 I Excavation Protection 1 20 I IF I $ 5 0 /LF 1 $ I I I I Cb 1 - - SP-39- -i -Project-Signs- 1 ---2 - - i EA 1 - $ /EA - I $ IOU I I I I @ 3.10.7 i Hydromulch I 200 I SY I $ ~ /SY $ ~~0 3-A I Remove Concrete Pavement 1 30 1 SY I S /SY I $ (oOD 1 Remove Concrete I 1 1 aQ 1 60 3-8 1 Curb and Gutter I 871 1 IF 1 $ J /LF 1 $QV0[ 3. I Remove Concrete I I i - I /CI G 7 3-C I Driveway and Sidewalk 1 369 I SY I $ / /SY I S/ ( / I I I I a, I SP-33 I Remove Concrete Inlet 1 3 I EA I $ /0r()-/EA n I C(/ I I I I. bo I p pt~' ' ~ 3.3 1 Unclassified Excavation 1 488 I CY - I $ /CY 1 $ 0 - 1 6" Lime Treatment of I I I I i0 4.6-8 1 -Subgrade- - 1 689 - 1 SY I $ /SY- I-$ I Type A Hydrated I 1 I I 00 4.6-A I Lime Slurry 1 10 1 Ton 1 /Ton 1 $ 106~) --l -Remove Concrete - - - --I - - - I _ 5~ C~ SP-50 1 Retaining Wall 1 56 1 LF I $ /!J /LF . I $ I Construct Concrete I I I 50 I J 8.7.A I Retaining Wall (Class A) 1 56 1 LF 1 $ /LF 1 $ 1 2" Asphalt Pavement I I 1 "25- I ~ m 5 C) ~ 5.7-A.1 I Base Type A 1 668 1 SY 1 $ • /SY 1 $ • 1 5.7-A.2 I 41/2"_AsphaltPav_eme_nt--I Base Tvoe A 1 _ 549 I -1 SY I $ ,,7/Sy Cf_~!5- t Pavement I 1 2- Asphalt Pavemen 5.7-B I Type D Patch I Concrete Curb and 8.2-A I Gutter I 5.8-A.1 1 6" Concrete ' Flatwork i 5.8-A.2 1 8" Concrete I Pavement I 7 I 1 640 I I 43 I 1 322 I SY 1 $ /SY 1 50058.- 1 c0 1 I Ton I $ /Ton 1 --,or OL' $ I LF I $ /LF I $ - y J & 1 42-0 I SY I S 3~ /SY -i $ I SY I $ . 7 /SY 1 P 3 549 ,.f McKinney Street Widening Base Bid (Asphalt and Concrete) BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT I 8.2-B I Integral Curb 8.3-A 8.15-8 I 8.15-A I SP-27.A I 6' Concrete Driveway 4" Concrete Sidewalk Concrete Flume it Water Service I ' SP-27.8 I Adjust Sewer I SP-15 I Adjust Manhc I 1 BID NO. PO NO. UNIT PRICE TOTAL i I I LF 1 I I I SY I I i I SY 1 i I I 7co /LF I $ ~L r 0 2-1 ppy~~1 v /SY 1 $ OU 1~/SY 1 4 ~~"1 1 I 1 co 1 !12- 1 SY I $ 30 /SY I S ~5C I I d~ 1 I EA /EA I $ I I I. 0 1 EA I $ CQ /EA 1 I I ~ 1 ~^m 00 EA I $ /EA I $ ~-C-/ 3.7 1 Compacted Fill 1 210 1 CY 1 $ 7, /CY I $ ) 5 SP-2 1 Concrete Saw Cut- I I 1 851 I LF I I $ /LF _ I $ /jQ a~ I I I i Q _2.12.3 1 15" RCP Storm Sewer 1 19 I LF I $ 30 /LF 1 S 7~ 7.6.A-1 1 1 10` Curb Inlet 1 I I 1 I EA I 60 /EA 1 g? 1 $ 7.6.A-2 i 1 8' Curb Inlet I I I 1 I EA I I $ / ov / /EA I sYJ 1 $ 7.6.A-3 I 1 4' Curb Inlet I I I 1 I EA I 1 $ ??114Lo ~L~LnL /EA I / av 2.11.5 I 1 Inlet Frame and Cover I i 1 3 1 EA 1 1 $ 0 //5/EA I w I $ SP-51 I I Concrete Curb Stop I' I I 6 1 EA I 1 $ ou r/EA 1 $ I Remove Concrete I I I ob I cY. _SP-52 I Gasoline Pump Island I 2 I EA I $ /EA . I $ I Break into Existing I 1 I Co I ( SP-31 I Inlet 1 3 I EA I $ ~Ln /EA 700. 1 $ I Solid Concrete Interlock-1 I I d 1 8.17 I ing paving Units 1 18 1 SY I $ ~i /By I I SP 53 Municipal Building i I I I 41-Q ~/O I av o p o - I Dr veway Closure I - ( LS I $ CD /LS I $ e o I I i I TOTAL I S~N~ I I I I I I I I$ / I I$ I 3.10.3 1 Seeding* I I 1 200 1 SY I I$ I o /SY I op $ * This item may replace item 3.10.7 (Hydromulch). P - 4 534 I 1 180 1 I 1 I 1 25 1- 1 6 Service 1 McKinney Street Widening Alternate (All Concrete) BID TABULATION SHEET a.J ..v . 1 OLU 1 PO NO. \ ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL I Contractor's Warranties I I I 1.21 1 and Understandings I - I LS I Barricades, Warning I I i a5. I 8.1 1 Signs and Detours I - I LS I $ ~dCn~ /LS I Preparation of I l I at I - QL 3.1 1 Right-of-Way I - I LS 1 ~ /LS I S S~XY~ I I I i I 16- cx+ SP-10 I Rock Excavation I 50 I CY I $ Icy I $ SP-37 I I I Excavation Protection I I 20 1 I LF I $ C0 I /LF I $ _ SP-39 1 i I Proiect Signs - i I 2 1 EA I 1 $ 60 I 3cr? /EA / I I I i L~ I ~ 3.10. 1 Hydromulch 1 200 1 SY I $ . /SY 1 $ ~0 CI 3-A I Remove Concrete Pavement I 30 1 SY 1 $ /SY O I $ I Remove Concrete I I I 3-8 1 Curb and Gutter I 871 I LF 1 $ /LF I $ I Remove Concrete I I 1- ~l 6 / 3-C I Driveway and Sidewalk I 369 I SY I $ / /SY I S / I I I I SP-33 I Remove Concrete Inlet 1 3 I EA 1 $ (J/EA I CJ I I I I dQ 6 1 oa 3.3 I Unclassified Excavation I 488 I CY 1 $ 7 /CY I 4 I Remove Concrete Y I 1 Retaining WallI 56 1 LF I $ /LF V 1 $ I Construct Concrete I I I 9~1 30 I / Y71 8.7.A I Retaining Wall (Class A) I 56 1 LF I $ /LF 1 $ 1 1 1/2" Asphalt Pavement I I I 7 S I n L 305S 5.7-A.3 I Type D 1 549 1 SY I $ /SY . I s" 1 2" Asphalt Pavement I I I & 1 -lr1 ev 5.7-B I Type D Patch I 7 I Ton 1 /Ton 1 $ /e i Concrete Curb and I i I W I ~n 8.2-A I Gutter 1 199 I LF 1 $ /LF I $ I I " I I C6- I. ~2 L2-0- 5.8-A.1 1 6 Concrete Flatwork I 7 i SY I $ 2)(/ /SY i $ - I 95-8-A.2 I 8" Concrete Pavement 1 965 1 SY 1 $ /SY 1 3J0 17S I I I I$ I$ I I 1- - I I I I I $ I I S I I I I i I I i I I i$ I$ I I I I I I I I$ 1 I$ P - 5 McKinney Street Widening Alternate (All Concrete) _ _ - diD-NO. -T-a-y► - PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL I - I I I d, f 8.2-B 1 :Integral Curb 1 980 1 LF 1 /LF 1 $ /(pn 8.3-B I 1 6" Concrete Driveway I I 1 165 1 SY I oa I $ 2/ /SY I ~u , 1 $ 37~J 8.3-A I 1 4' Concrete Sidewalk 1 I 1 109 1 SY I 1 $ 7 /SY I' / cZ I $ J ~S3 8.15-B I I Concrete Flume I I I 1 I EA I {(i I S~OGD /EA I ~p 1 $ • 8.15-A I I Concrete Rip-Rap I I 1 25 1 SY I I $ .ICJ /SY I ~ I S 750 I I I ' I X0011~ m I AJO0 SP-27.A I Adjust Water Service I 6 1 EA /EA I $ I S SP=27.8 I I Adjust Sewer Service I ..I I 3 1 EA I- Q I $ /EA I. Q2 1 $ &C0 I I I 1 ~ JOO SP-15 1 Adjust Manhole I 1 I EA ( $ ,LCJ /EA 1 $ 1 I 1 5v 1 Do S 3.7 1 Compacted Fill 1 210 1 CY I $ /CY I $ SP-2 I I Concrete Saw Cut I I 1 851 I IF I ~ I $ /LF I v0 I $ ) 5 5 3 2 12 3 I 1 " I I I 2' I o0 57 . . 5 RCP Storm Sewer 1 1 19 I LF I $ /IF 1 S 7.6.A-1 1 10' Curb Inlet I 1 I EA I $ CO /EA I 0000 - 7. 6.A-2 - I 1- 8 -Curb-Inlet - I I 1 - 1 1 I ro I $ h~0 /EA I ou I ~ 00---- 7.6.A-3 1 1 4' Curb Inlet I I I 1 I EA I 00 U I $ I I (00 /EA I 9-0 I S / C)Q I I I I u- I m 2.11.5 1 Inlet Frame and Cover 1 3 1 EA /EA I $ I $ SP-51 I . I Concrete Curb Stop I 1 1 6 1 EA I, 1 $ /EA I $ ~~O . I Remove Concrete I I I LV 50 I cX~ SP-52 I Gasoline Pump Island 1 2 1 EA /FA I $ I $ I Break into Existing I I I. Q0 I o0 SP-31 I Inlet 1 3 1 EA i $ ~00 /EA I S boo 17 I Solid Concrete Interlock-1 1 I W ~ I ~~Q 8. 1 ing Paving Units I 18 1 SY /SY I $ lfJ I $ ~ SP 53 I Municipal Building I I I c° I o0 y - 1 Driveway Closure I - I LS I $ /LS 000- I $ - - - 1- - - - I I I - TOTAL ~~o I I I I I I I I$ / I I$ 3.10.3 I 1 Seeding* I I 1 200 1 SY I ~p 1 $ I. /SY i I $ kJG~ • This it em may replace item 3.10.7 (Hydromulch). P - 6 BID SUMMARY TOTAL BID PRICE IN WORD 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 guaranteepayment 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,extensioas. 1---orr\ l yV 10,1 A"i c ~ ;:FONT C OR f.'+t\L» . BY eex e j Street Add ss / n 7L~ao~ C ty an State Seal & Authorization- (I£ a Corporation) 39.~- 3~-7 Te ephone a - 1 115. .5 1-"1) I~ ~BONDIN^ 11{ ONIM NG 0®o - 1& / - BID BOND Know all men by these presents: That LARRY MANNING. INC.. 821 Kings Row. Denton, TX 76901 (hereinafter called the Principal) as Principal, and the MERCHANTS BONDING COMPANY (Mutual) a corporation of the State of Iowa, with its Home Office in the City of Dep Moines, Iowa, (hereinafter called Surety), as Surety, are held and firmly bound to CITY OF DENTON (hereinafter called the Obligee) in the full and just sum of (t-5% GAB--------------------- ) FIVE PERCENT OF THE GREATEST AMOUNT BID------------------------- ---------r)ollars good and lawful money of the United States of America, to the payments of which sum of money well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this 24th day of January 19-211- THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for BID NO 1201 McKINNEY AT BELL AVENUE TNTRSECTTON IMPROVEMENTS To onnuTn TIIgN IAN ES ON McKINNEY STREET according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award, and shall give bond for the faithful performance thereof with the MERCHANTS BONDING COMPANY (Mutual) and Surety, or, with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed. Witness: LARRY MANNING. INC. Principal By Attest: MERCHANTS BONDING COMPANY (Mutual) t'