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1990-117 2651L-3/3689 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive 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 received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therefore; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction 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 being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1128 Sunmount Corp. $ 90,654.50 1132 Jagoe Public Construction Co. $ 359,544.35 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 notifi- cation 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 Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified 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 hereby 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 immediately upon its passage and approval. PASSED AND APPROVED this the f/" day of , 1990. 'OO&L aii& BOB CASTLEBERRY, MAYO ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: PAGE 2 DATE: August 21,1990 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID#1128 - ALEXANDER DRAINAGE RECOMMENDATION: We recommend this bid be awarded to the only bidder, Sunmount Corp., in the amount of $90,654.50. SUMMARY: This bid is for construction of a drainage line for Alexander Street. Although Surmount Corp. was the only bidder the Engineering Division is comfortable that the price of their bid is in line with other projects. BACKGROUND: Tabulation Sheet, Memorandum from Jerry Clark. PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Community Development Block Grant and Drainage Interest Money. FISCAL IMPACT: Grant Funds Account #219-052-CD48-8502 #219-005-CD23-8502 #219-052-CD30-8502 #219-052-CD42-8502 Respectfully submitted: U L yd V. Harrell City Manager Prepared by: Name: Denise Manning Title: Senior Buyer Approved: Name: To D. Shaw, C.P.M. Title: Purchasing Agent DM/j h 042.DOC 'U H H - - - - - - - - - - - - - - - - - - - - - - - - - - - (J h] d C1 3 zCa y H ci C N C C+] N W H ~v y W z w w r > d o ty H d H z H Laj O z w In. c 1D C) O t,J o o~ ~zy z (n rn o p y cn rn ~ C] O 0 C tJ z d 0 CI) Y 01: L I.- (OiJ PH" 1910.0 SIP -8 PH 4: 01 CITY of DENTON / 215 E. McKinney / Denton, Texas 76201 MEMORANDUM DATE: August 8, 1990 TO: Tom Shaw, Purchasing Agent FROM: Jerry Clark, Director of Engineering & Transportation SUBJECT: Alexander Drainage - Bid #1128 The Engineering Division has reviewed the bid submitted by Sunmount Corporation. The prices are reasonable although not excellent. We recommend that the alternate, with a total of 90,654.50, be awarded. The funds for the project will come from the Community Development Block Grant (78,000), and the remainder from drainage interest money ($12,600). Sunmount is an excellent contractor and will complete the work quickly. We recommend award so this crucial project can get underway at the earliest possible date. Jer Clar 0904E i CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 21 day of AUGUST A.D., 19 90, by and between THE CITY OF DENTON i of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and SUNKONT CORPORATION, BOX 1770, ROANOKE, TEXAS, 76262 of the City of DENTON County of DENTON and State of TEXAS t ermed CONTRACTOR. Party of the Second Part, hereinafter . WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said. Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: BID # 1128 - ALEXANDER STREET DRAINAGE - $90,654.50 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, 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 other drawings and printed or CA-1 0114s written explanatory matter thereof, and the Specifications therefore, as prepared by The City of Denton Engineering Staff all of which are made a part hereof and collectively evidence and constitute the entire contract. SPECIAL CONDITIONS Independent Status mutually .Contractort that Contractor unisrsan independent ecoo ractor and between shall City and 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: - n ) CITY OF. ENTON TEAS Part of a F'rst Par , OWNER LLOYD V. HARRELL CITY MANAGER (SEAL) ATTEST SUNMOUNT CORPORATION Party of the Second Part, CONTRACTOR By l:~%~G✓~ Title • C(Q(~-~ ~~~-2_4Suv~~rZ (SEAL)- APPROVED AS TO FORM; Ci Attorney ~ - CA-3 0114s PERFORIIANCE BOND STATE OF TEXAS COUNTY OF Denton KNOW ALL MEN BY THESE PRESENTS: That L~~/J~ Y}Z OZ/j of the City of County of P2( and State of n~A//p as PRINCIPAL, and y/~C 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 T~,p c;ro of Denton Texas as OWNER, in the penal sum of Ninty Thousand, Six Hundred Fifty Four and 50/100 Dollars ($_90.654.50 ) 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-- 21 day of August , 19 9Q for the construction 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. t 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; i i } PB-l 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 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 4th day of September 19 90 Seaboard Surety Company Principal Surety By ltz Title ) L , G7/ Title Atty-In-Fact Address -26 Address 5750 Pineland Dr. Su. 304 ~(oL Dallas, Tx. 75231 b 41 i. ✓C e ~7c (SEAL) Theluame and--eddress of the Resident Agent of Surety is: Frank Siddons Insurance Agency P. 0. Box 2125, Austin, Tx. 78768 NOTE: Date of Bond must not be prior to date of Contract. PB-2 0091b - CCCC_ 3 Ceti f Copy I N SEABOARD SZTRETY 0 No 7 22 ~wADIy11NISTRATIVE OFFICES BEDMINSTER NEW JERSEY `APO O ATTO NR EY -im ~ `KNOW ALLv.MEN BY TH-ESE PRESENTS Tha ESj ABOARD`SUR GOP a- foC porafon'of the Sof-NW York=ha `made constituted and appomted'and by these.presentssdoe`= st't"nd appoln~~R F Slddons Jr S S dd R be t C=S`iddons =Robert C~Frrcke h =1i C ` ~Faletto_or Bettye Ann=Rogers orr;Wllsam A Grot oe r Linda,C u P Austin; Texas strueaawfulAttorney mFact to make execteanddeltveronttsbehalfinsurance licles sus ret-surety dertakin sand ther, m`andstruMIts of'sfmiI, naturere ollows ~y - 9 W=bot=Lim tat-son's u rao`cetpolicie urery=ds rfd`rtakings-aari~~ument\bra purpo`eswh dui e~cuted;by-ttesaforesa'tl tto~"In Fact sF all be=binding upon the.ss'd Company as fully°and to-the=same extent;as e- S rfstg ned bytfie:dul~utho Zn d officers-of the.Company an`d sealedswlth Its€corporat a I„and all"the acts of aidAtf mem~` - ~y Fact ,pursuant=to the authorit herebygven-are-hereby`<ratlfled'and:con6rme-~il. - ` = - ~ ~This-apPantment Is made u`- nt=to fbp g By,L-aws wttlch were dui -ado ted ache Boa of rcJ Duecto sr of-the said F ~y'- 1 Com an on-December8h 192 with A ntlmen st to-and oluding Janua y 15 = 198 d a rest111=in full force^and effeoty ARTICLE VII SECTION 1 „okcies bnds:recog nce latwn nsen[s`suiety, _underwrdt dertak g e^te s:relaryg,the-_r_eto: sur`epoliciesbntls,recogmzances-st~pu'ahons-c, consents ofsuretyandunderwnllngundertakings oiftje Compariy;and release`, agreements ari~r _wrgs.re'atrng m;anywaytherto or to:an `claim or'loss here. ndershall besrgned m tli:riame;and on~tiehalf of ihe;Company (a)by.the Chairman of the Roard the.President aVice-Presidentora Res'dent=ce=re`ident Resle^ and'bythe.Secreta yon ASSrst'am!Sec ryal Secretary or a Res`itle ssistant Secretaryor -Qbyes°Attorney in=Fact for the Companyappoi>_tee tl au(horizetl byy_he~C`mn_oP`h~.8ordttSe resident o~yice PreatlenF.t`make s h uc_signature':or (c) by-such:other officersor-reesen_tat`sas-Ihe;Board may Irom;trmeto.trmeitletermine. eako``he C~pa`hall'iFa roP ate:beaffv`eto:by~ such_6ffic~=ttorney ,i Fact-t-representative: SIN WITNESS WHEREOF SEABOARD SURETY COMPANY has ac used the es presentsto be ss'gne~ byone of'ts=V Presidents and Its prate seal to=be hereff' a_.and duly ted b en of its'Ass'stan2 - v ~y_o( O e~nbex 19- 89 Y8ecretane` this t ~ QOSIIRETy - _ Attest U~ Ty O PANY ~'forn w+~~ a ~ ` ~BY A25srsta ecretaiy~\' - ~I ` = STATE OF NEW°JERSEY vice Pre§rden` COUNTY OF~SOMERSET-ss:: On-th's~2 th da o~ November - 19 89 befbre-me ersonall a ared Michael W Kee. gan ~ P Y pp? _ „ \`a V'C Presldent`of BEABOARD`URETY COMPANY wd o`I am personally acquamte i who bee ng by me duly sworn; said that ne resides to the 3tate=of NeW= .UerS 31 :he is 'a VICe P ~res'dent.of SEABOARD SURETY COMPANY the:cor oration descnbed'n.and which'ez Ce uted=the fore D that illy p instrument that`heknowsahecorporateseal.of;thesaid Com an -that=lheseafaffixedt aidl tsn r_me s chc_or acs a~ yaIt iI Was soaitixedby ro de or f_fW_B dr 5f ire tc sr of-saidcom PY. an an Flies ni nisnamethe~efi as.Vlce OFesid o~nt f ~sald` pan b like authonty.~V~= ~9~~ w aa~~ U fti ~ ti C h kJ uFRSEY~ - - al) ~IY 4 r ea `u.NO[ary_b xre~• C E R T;I FF 1 C= T E~ f theundersi lied Assistant tant Secre"--a. gE`ABOAR TY ANYtl here eeh by c~ertiyhat oil finaIII 'gfo a Ewhch h foreom is~- al~ u h=and correacopy's in full force and efectonthedateof thrs_G rRh_cate and I dofurtheecertifythat the Vice resideniwnoexecutednhe said~POwe9o>= Attorney was one of the Othcers;athonze0~b-the Boaid:of Directtbrs~tb_a ~j- SEAEfOARD SURETY COMPANY-~=may ` ppomtan:at`o~y in=tprovredan ArticleVll Sect`forl ott`_y Laws% CerL c to may besigned and' eaI fa le nm ui deratl!b~ y auvihOrjty ft he:fresolution-of the Executive Gommrtte of the?Board oft Diie`o_s of SEABOARD SURETY COMPA at a.meeting duly:calledand-held-onaFe 251h:da of€Mardi 1970 SOLVED:(2) Tharthe;use\a-printf facsimile'of the Corp ate seal ofahe Gompany_and-of the;sag e,o qs 'stan fairy -on V rtnc~auonyofthe correctnessbf a copyohan ms>menf executed;byahe PiesrdenD:or a Vi Prest en pursuant to-Article .Section-7 of.the B Laws PP 9 =a ontu i authonzmg-an;attorney m -fa to-srgn ~n the name drdf behalf of the Comp=ny surety bo dos un dining underlakrngs or otht ~n5trumenis descnbed insard Artcley` 3ecllon=,withBhk_e effect as;ifsuch Seal` n--such signature-hadI e manually=affixed-aod ma`d'e, herebyis authaiz6d anda proved IN WITNESS WHEREO I h ve hereunto set m ti d t orporate-seal'of Company,to these'presents this ~~.sasExy~ _ =day of~ U 19=~, ` ` C " ` i F6t v - of the authenticity of this Power of Attorney you may call, collect, 201-658-3500 and ask for the Power of Attorney Clerk. PledserI Qiiey 11ftwer of,Attorney'number„theatiove named.individual(s).and details of the bond to which the Dower is attaches 'D Nor„ v rk n;a' oto-a9zcnxx PAYNENT BOND STATE OF TEXAS COUNTY OF Denton KNOW ALL MEN BY THESE PRESENTS: That of the City ofn County of and State of n%i > as principal, and authorized under the 1 s 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 Ninty Thousand Six Hundred Fifty Four and 50/00 Dollars - 90.654.40 ) 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 21 day of AuM!st - 19 90 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 4th day of September 1990 Seaboard Surety Company Principal Surety Title 7 md Title Att~y-In-Fact -4 Address 0. &U -)d Address 5750 Pineland 6r., Su 304 9 Z~ z Dallas, Tx. 75231 (SEAL) (SEAL) ^The name and-Saddress of the Resident Agent of Surety is: c r'oa 5 a n Frank Siddons Insurance Agency .--~,y~ P. 0. Box 2125, Austin, Tx. 78768 PB-4 0092b CCCC= 8=4- gm EFE Cert 61 Nd Co~~- `--z SEABOARD-1-1 Py CO RNY Z=22 D_ STR EVITA OFFI S BE MD ISTER RSEY ~~KOWEWOkFA ppNEy~ NOW`IU~EN BY T`EASE` E$ENTS That SEABOARD SURETY CO NY.a;c p f'the S at tNOT; k h~ 'a - bebe 76 IN 11 ad^sLt=` andappomted`=and y the es presents_d eo make co sti b tute:and a ppoint R F=Siddons Jr.- `gr Ste```ddons or Robert S ddo R bo i t C Frick 11 -C FaTetto or Bet y Rog William A Grote Lr-nda~* Coue Y its t ~aneU ni Wa u, f I Atto ear yin Ftiin CIO ka e 1 ^aeuCeX tl dehve ,o s^f , behaly anc ulicfeS us Nt bonds~Ondertakin s a^_ other t\ns_truments of=similarnatu -a tot o s ~~-1 P~ - Y_ - - Ydi_hout Limitations) - 6 ~Suminsurancespolicies sure] =tionds undertak g and-i_`rum s fo_csaid;purp he A. ly-ex fe UC ed b- _Y_t=fors` ~ttorney In Fact ShaII\` binding upon th~ald Co`mpanY_as full and to the same extent"asif sl neC b the dirt authonzed._~ officers~ of the-Com an and sealed wd6 ds cor orateseal and a 1-the act fos said~AttA rne ~m F t,- ursuan_f;to the authorit~ hereby-given are hereby>;r itfhed-and:Contirme8. - may= P ~Thl_ `pointment Is madepursuanf,to the followm B Laws which-were dui ;ado ted b ahe Board of ComPanyon ecembeith Am tie dment r8th192w Directors°of the sa1d~ M VII s to and mcluding Janua-y 15 1982 and-are still-Imfull fore ffect _ ARTICLE SECTION f des bonds recog tarn zance tsrs pulahon~ unsertjsgfauret underwdt uni ndertakrn s!anQans rut meiitsrelahn aherelb.- ` nsu`e pohaes-bonds recdgnizances strpolahons consnts~ofsurety and und erwrtmguntler`ingsof`~ComanY adreleases`ag atsand ot_ writings relatingmany waylheetor-to y_elalm or loss'ihereundei-Shall besignetl€in=_Ihe.name:andon: , -(a) by the Chai r man of the:BOartl Ihe:President aVice`sident rZr Residentmice President andb iheSecre[ar Can ASS stani5ecretarysaResrtlenl~ Secretary or` R`srtlent Asslst'ant SecretarYorbb an Atlorne V-~~_ ( Y!n F. for t reG p yappofnted andaujhorizedyb -th irman=of; Y the Boni id'the~ President or a V fcth euiTipa y-snamapp signature or (c);by-sucFiot6er ofhcers.orrepresentetives as the;BOaid ma tro timeao time dele(mine~ the seal oYtbe Company'shall If appropfisie:be:afflzed [hereto b -an such.fticer Atto ^r emFact;orreprese representative SIN WITNESS WHER OF S AE BOA SURETYY O PANY has=caused these presents_to be_s ned'b _one=oi ItssVice Piesdents and its core ro ate seal to be he o=aff`x ahnn u1y at_ st Eby o` a-of ris AssistanS Seoretanesthis~8_th _~y_of ~No`~nber.----=X19=89= - osuerrrc 1'9 - - f ti At`est ` SEABQ RD U Y O - 2:1 ~ - AP NY, SSista ecretary = = STATE OF NEW JERSE- Y ~_vice~ pre COUNTY OF SOMERSET ~s 2 tYi~ d a I- Ong ~~-N~ at box - _ _19 8:9^ Michael - B- Keegan~~~ - - befor ee mm personal)Y- a-~ ppeared wit`F om 1 a Per$ no ally acquainted=who I)e g by me du`~y s di h P_he resdesfm- SOtate o~NeW th erSeN~ aLhe is a Vlce-Pies di enCOf SEABOARD SURETY COMPANY th o o tion'described-In-andwhic zz ed t fore orPt g -"erg ~ nst it ens affi e knows the prat ese al of the said Gom n thati he seal affixed to said lnstr-umentiis sudh,cor orate s`; thaY)twassoafffxe bd yo`rdenoftfie8oa dr ofDife sro ofsaldCom an said_Gom na b _ keathrit `-p ny_andthat, CHe-s ignedtiisnamesheretoasVfce-President:of r t F l: _(Seaf)= 'zany <~t~:~>~ h J3ERSEY~~_-\ -G- F ` -~~4 , 7991\ 1~ F C E Notary b C E R T 1~ E - 1----F Mnd- ~dfls& of SE` ARD SURETY COMPANYd ereby> c h`-ai-_ glnal p_o erw of Atto f.whlch the forego ni g-ism SEABa full tr`uOAaRDd SRET correctcopy is mtu1111orce antl effect on the tlate of this Ce`ifiateand\iio:I~rthercertlly;thatltheVlce Presliien[who ec ezecu[edahe-saidPOwerot Attorney-was GkET t COMoff, P-ae Ahe DMPAsfNY `aufhon~z edby_the Board:of:Dv`ectors-to:a`p=ingan-attorneY Y~ Provided _mf`c -in'Artr`~VI1=Stion 1=oYihe°By=Laws ~~Vii" DirectorsofCerhflcaSEABOAgte:mDay be signed and sealed b~ y tacslmile under andib- y;au~ y of jbe 1 ing;resoluhonofthe:E_xecu- ve:Conmit pf (he' d'of SURETY-COMPANYYa meetingduly called andlh eidon the --da- March 1970 tl boa, ~~RESOLVED: 2 That the use of a panted facsimile of the corPorate seal of the'-ComP Y an an of the_sig a of:an Assistan t o ehdicauon of the co~rrectness of:a copy ofanlinstrument;executeQbythe. Presldenbora V CI P~f sidentpursuani t rticle-Vl Section 1°of.the y Ca Bws !appoint i ng and authozmg an-atorney rn.fsct` sign rn-the name-arid_on behalf ofihe Odmpany=uretybo~`tls underwriting undertakings brother Instruments.descrrbetl m-said=Ahcle VI1,.Secbo`~fi like effect-asilsuch-seai_anC such s`gitue;a eenanuaily-afLzed and;matle - hereb Ism ~au\ho`izetl.andproved"-~ VIN MI_fNESS WH EER OF h vea hereunto-set m ha d a fft ex d soar,, - Pow ate seal of om an to these: esenis tfiis N~ _~a Q, p off` AsslstanYSecretary 9r ve F,tl of the~authenticity of this Power of Attorney you may call, collect 201-658 3500 and ask for the Power of Attorney clerk. PlearsarmM? l8dhaiPawer MAINTENANCE BOND STATE OF TEXAS COUNTY OF Denton y, KNOW ALL MEN BY THESE PRESENTS: THAT ?E1~ as Principal, and f~~~y~~•~~+n a Corporation authorized to do busine 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 N• and 45/100 Dollars 9($ 06 45~ 10% of the total amount of the contract for the payment of which sum-id principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Surmount Cor~Qration has this day entered into a written contract with the said City of Denton to build and construct Bid 11128 - Alexander Street Drainage (CDGB) $90,654.40 which contract and ttie 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 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. r further It is agreed that this continuing one against he Principal and Sur Surety and that successive o recoveries 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 -5Z-"71-;X7 ~ 7 as Contractor and Princi has caused these presents to be executed by and the said Seaboard Surety Company w ens as surety, has caused these presents to be executed by its Attorney-in-Fact Linda Couey and the said Attorney-in-Fact has hereunto set his hand this 4th day of September 1990 SURETY: PRINCIPAL: Seaboard Surety Company c - l !'aKKfGGGfff BY. ` Lir.3aS'Couey aAttorney-'in=Fact--~~<Zt~/tflc~JC+,~a _ ^~-E a amt MB-2 0093b - CCG`C°6 3 8=5 `Ce ifrt er d-Copy _ _5K BOARD=SURETY COMPANY °~t72 `ADMINISTRATIVE O ICES BEDMI R`NEW JERSEY O O ER OF ATTORN NOW ALL-:MEN BY THESE_PRESENTS That SEABO RA D UR TE COM` .a:corporaUon:of the State of New York=F asp = made constituted and`o=ntez d:a`d bY P futec Pp t=~eese=tsdoes S st_t~~d appoint R F-Slddons Jr for-SteveSlddons or Robert C Slddons or_Rober-.tMC~F icke l -C ~Ealetto-or Bettye Ann_Roger_sor WY=11iam A Grote t L nda e A tin; Texas `~~~~-M ts.3rueanHaawfulAttorney m Fact toma~ execut andd Ivte erortitsbehall:i~ uranc nlicie rss u et Yb°nds,=-.undert lier m`trmen isfo similar natur Ilow Pv~ _ f `mgs an= z~ W thout_Lrmzt-at-ions h t`ns_ur 7snale~uce y9P `d us nd=ctak ni gs:and Instruments-foGSa p e whe d ly-executed by-the afor se altl~ _ _AttorneYIn Fact shall tie bindm u on the Bald Company sa fully d to-the`ee e`nt as d sig den by thoiby l authorized ' officers of the'Comp aj d sealed with fts rate' es el andafl the acts of s` id~A_ ifbrne~ y Inat°pursuar tto the authorit` hereby g ven=are hereby ratrfletl:and con[lime i.~ Thi ppoi lino entIS_madep~sur to to"the folio-- B Y_Laws=wliich were dulgsadopied€byt Boa it-~~ ' Coin an -on Dece e - g= Y ~ SECTION ctprs of thesald P 8th 1927 wlth Am iirnent`o and l=lding J` a~uarya75 19g2,a` d ae'stl~full:f` rand effect' ARTICLE VII- 7- `ollctes; ,nds :rec g izances .`pulaho c nsen surety-,un-- rwrit g ertak~ -1ng anA rust enls re°thereto. `Insurencepolicies DOntls,recogmzances`tipulahonsconsen[sofsurety antl lating und~wnting unertakings°f,Ihe Compa yand releases; ag_e ntsan~tl" h r writingsrelahng.in any waytheiet° or toany_clatmorloss thereundershali be_signed in the:name antl.onehalf of ih` mpanyy= ` ~ _ ` f a ) by tne,Cha~rman o~the Board ihepresident a:Vice Pre_sidan(bra ResiAent` e~Pre_si` tandbytM1~:SeSeca`tary,-:ate-Assistantsecreat~t Secretary or a Resident Assistant Secretary;;-or (b) by-an'Atiorney in-Fact forthe_Company:appointed and:authonzedby~he£hauman orthe Board i.E tlent or a Vice Presidnt,t`_make suoh3Ignature"or bysucli~other otficersroi'repres entatives a B_ard mayfio-0meao.timeide mine ~e seal~the Compan`~al`p`opr" te:Ur (fixed`e eeto by a`uh office ttorney ~n Fact:orrepresentative:' V PresNd/enNEaSdutsH plate sealBto_b h u p yff xeOd anA Y~9l,zudusea-inese~pres t s_ h f ItS= e`er Itsenss to Y ~y_of vember =9 ens ~Er~~~-~ A ` SE\ O RO U TY O AP NY, ~f01A[`MY _ y 1 ~i ~ASSi>> bid ecretaryW Z~WSTATE OF NEW JERSEY - Vic e` bffiE~i~CCI OF SOMERSET-ss On this 2$_th-~tla o~ f Y November before.mepersonallyappeared Michael.B Kee and - jg89 ~-4 whom i ce persiden ac aI ed whobe nl g by me3duly sw_o d th`he e=esf,-E eB~ate o~NewY Jersey ~jns t r e a WcevPresldent of SEABOARD SURETY COMPANY the cP -p or oral----7 cun and which eXecuted_t a fore ~mstuFument'thatheknows~[he gycor orateseal.of'thesaldCompany hat the seal"affixed of bed I aldl sn f e to 15 he orates a_9 said thaf:it was so affixed roY der of th Board of Directo Sf ofom an and thaheslgned'hisnameaheieto as Vice= P_ resldentof Sal ~=n b hke.ahonlip. ` p1 3:51 p- 7 Ir y tioa~~l4n~-r~~ C3 t~ J ~ERSEY~ F ` sy - °`!+e?'~` C E R T`F I C'A T=E-~ ~N°taryeub\ic -tJe undersigned Assistant secretary o afull3true and Correct co E is m:full..force and efSecAothed eofh eO... a eantlhdofurthecertd jhaorrginalPofAtto of:whlclS.the f_ is on PY `g_ s V ttorney was one of the Officersiauthorized b-8oardr •of-Directoi ,5 a -y t` Vice President.who executed ahe said Power of ~-S EABO ARD SURETY COMPANY-`~ (he;`~~ v~ p°~oU : an;a y_ in f~p i5 tl in Artie Vll Section itit he By_Las of This Certificate ma M -e b signed ndseal tacwm a nder andib~ -y aumoni y of the following -:resolut xecutive.C mitt h .BO ra d?o` -Ouectors of SEABOARD SURETY COMPAai a meeting duly called'antl held on'-the 25th d y o1-March 797=~~~ -OLVED._f2) That ihe_use of a-prin_=ed facsirnil=`be--Corp di a seaL`the Company:antl ofth e signature-of n° -sis tant Secreta`- vicertihcahon'of-the correctness"o; ~py titan mstrumenrexecuted..byy``he resloentpra Vice?P`es~den`purrua_t to 'Article VII .Sector 7n ofYhe By w_s port ng iho~`ing,an,attorney-~n_fact to sign t` name and on betialf_of the Companysurety bonds- und~`writmg und_ertakmgs ocother st`uments,tlescnbetl m said~Anc~le~II Sechon with;like-effect asaYSUCh seal-and su ~autorized.a ch si na`ture ha°:been_manuall afhked antlmadeFherebis proved SIN WITNESS WHEREOF ave hereunto set m ha ff xe J~=r~;-~~ lda_y ~ ~j~~-pO. `~~s_ `of.Corn! yt~hese:presents=this JAY ~rF * +~Q Q'~ -A55TStanbSecretaty For ye ` „df~?le-authenticity of this Power of Attorney you may call, collect, 201-658-3500 and ask for the Power of Attorney clerk. Ple~sa~P iBehtl~_*Mier -of~Qttorney number, the above namedindividualfsl and details of the hood m wnloh mo ....,.,er m ~«~~ne~ Air.... V.. d. r.. V~L CITY OF DENTON INSURANCE MINIMUM REQUIREMENTS INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of the project should be indicated, and the City of Denton should also be listed on all policies as an additional named insured. To avoid any undue delays, it 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 Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND;., OR At TER THE COVERAGE AFFOROED BY THE POLICIES LISTED BELOW. - B_d__1128 - Alexander Street Drainage This is to Certity that , .LIBERTY SUNMOUNTiCORPORATION PO BOX- 1770 M 1 UAL" Name and - - ' _ ROANOKE. TX' 76262. address of L J -,Insured. is, at the issue date of this certificate, insured by the Company under the policy)ies) listed below. The insurance afforded by the listed policy(ies) is subject to all then terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may ` be issued. , TYPE CERT. EXP. DATE' - OF ❑CONTINUOUS POLICY - LIMIT - POLICY ❑EXTENDED NUMBER OF LIABILITY ® POLICY TERM ' - COVERAGE AFFORDED UNDER W.C. EMPLOYER'S LIABILITY LAW OF?HE FOLLOWING STATES: Bodily Injury By Accident WORKERS' 5-30-91 W62-611-004030-09 - ALL STATES EXCEPT 500,000 Ea. ACC. WC1-611-004030-08 Bodily Injury By Disc.. COMPENSATION SOO,000 Pal. Limit BotlilyInjury By'Disease 500,000Ea Person General Aggregate -Other than Products/Compleletl Operations _ 2,000,000• S-30-91 RCI-611-004030-10 Protlum Completed Operations Aggregate Z 2,000,000 Out Y Badly Injury and Property Damage. Liability ~ 2,000,000, a❑CLAIMS-MADE - " - U Q m Personal and Advertising Injury per occurrence Q J gETgO DATE - - ~ , W _ t - Per person/ organization In OCCURRENCE Other CONTRACTUAL LIABILITY, XCU, INDEPENDENT CONTRACTORS/CONTRACTORS PROTECTIVE, BRO FORM PROPERTY DAMAGE SPECIAIJEXCL - ENDORSEMENTS, - - - Y - IN OWNED - - - Ot - - 2,000,000 EACH ACCIDENT - SINGLE LIMIT- B.I. AND P.D. COMBINED QQ. fi]NON-OWNED 5-30-91 AS1-611-004030-110 AS1-6 1 1-004030-130 EACH PERSON KI HIRED EACH ACCIDENT EACH ACCIDENT OR OCCURRENCE $ - OR OCCURRENCE The'City of.Denton is an additional insured. 0 LOCATION(S) OF OPERATIONS ii JOB ii ,(If Applicable) - - - ' _ DESCRIPTION OF OPERATIONS: COVERS ALL WORK PERFORMED BY THE NAMED INSURED IN THE CONTINENTAL UNITED STATES 'It the certificate expiration date is c'1 inuous'or extended term, you will be notified if coverage is terminatetl or reduced before the certificate expiration date. However,' - You will not be notified annually of the continuation of coverage. - _ _ NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS 30 ' - • - "Liberty Mutual ' NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO: DAYS Insurance Group The City'of Denton 215 E. McKinney MOLDIERAi~ Denton, TX' 76201' / AUTHORIZED REPRESENTATIVE _ 9690 4JALLINCFOBD CT - _ _ - r DATE ISSUED - OFFICE This certificateis executed. by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as ----vu by chose Companies BS772 R/3 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 [AKllYll./11t Ur INbUNANUt CITY OF DENTON Name and Address of Agency City of Denton Reference: Project Name: Project No: Phone Project Location: Managing Dept: - - ------9---------------------------- Name and Address of Insured: Companies Affording Coverage, A 8 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 j Broad form to Include: Property Damage j - Premises/Operations - Independent Contractors - Products/Completed Operations Bodily injury and Property - Personal injury Damage Combined j - Contractual Liability(see 93-Page CI-4) - Explosion and Collapse Hazard - Underground Hazard - Liquor Liability Coverage - - Fire Legal Liability (see #5-Page CI-4) - Broad Form Property Damage - Professional Errors/omissions - occurrence - claims made (see #4-Page CI-4) Comprehensive Automobile Bodily Injury/Person j Liability Bodily Injury/Accident j - Owned/Leased Automobiles Property Damage j - Non-owned Automobiles - - Hired Automobiles Bodily Injury/Property Damage Combined $ - Workers' Compensation and Statutory Amount Employers' Liability S each accident - Owners' Protective Liability $ Other Insurance Description of Operations/Locations/Vehicles. Each policy shall require thirty (30) days notice of cancellation, non-renewal, or material change in coverage. (See #2, Page CI-4). name and address of Certificate Holder. CITY OF DENTON, TEXAS ' PURCHASING AGENT - 901-8 TEXAS ST. AUTHORIZED REPRESENIATIVE UENION, TEXAS 16201 ~ SEE DEFINITIONS ON PAGE CI-4 ATTACHED. 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 #112S PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF ALEXANDER STREET DRAINAGE (CDBG) 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 BID# 1128 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 WORK DAYS 30 BID NO. 1128 Alexander Street Drainage (Base Bid) PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Contractor's Warranties 1.21 and Understandings LS 3 5o0-/LS 3,5o0 Oe 100 Oe _ .D.-c o0 2.11.5 Inlet Frame and Cover 2 EA /EA zoo 0o ee 2.12.24-A 24' RCP Storm Sewer 162 LF 30 - /LF g 6o - 2.12.24-C 30' RCP Storm Sewer 1,126 LF 35LF 39 */0e~ 6' Ductile Iron 2.12.14-A Sanitary Sewer 18 LF 50 Qe/LF 90U 12' Ductile Iron 2.12.14-B Sanitary Sewer 18 LF 0 ~ /LF /,0000- 2.12.20 6' PVC 10 LF 3,3 /LF 330 ce 00 00 3-A.1 Remove Concrete Pavement 25 SY S - /BY Zoo - Remove Concrete 3-B Curb and Gutter 109 LF ea ~ Z - /LF Zl$ 0o ea 3-C Remove Concrete Driveways 15 SY 8 /By /ZO _ Preparation of ee 3.1 Right-of-Way LS /0 000%LS /0 0 0 oe 3.3 Unclassified Excavation 100 Cy / eo/CY / 000 3.7 Compacted Fill 75 CY /0 oo/CY 750 3.10.7 H dromulch 1,875 SY / so /SY -7,912, Type A Hydrated Lime 4.6-A Slur - 5 TON 7S'2 /TON 37S e_ Lime Treatment of 4.6-B Subqrade 370 BY 711--- /BY Z,5-96 4 1/2' Asphalt Pavement eO e. 5.7-A.1 (Type A Base) 345 SY - /BY 3 7y5 _ 1 1/2'Asphalt Pavement 5.7-A.2 (Type D) 345 SY `f- SY / 3 ,YO - 2' Asphalt Patch 5.7-D Material (Type D) 25 TON X1,5 /TON 11Z5 7.6.A-lb 12' Curb Inlet (Type V) 1 EA 750 /EA -2,5-60 eo ou 7.6.A-3 8' Curb Inlet (Type VII) 1 EA Z Soo '/EA -0 g00 / P - 3 BID NO. 11V_28 _ Alexander Street Drainage (Base Bid) PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 7.6.A-4 5 x 8 Junction Box 2 EA ZA00 /EA $ 640 (Special) 7.6.A-5 5 x 8 Junction Box 2 EA 2,3()O-/EA SGoo Barricades, Warning and 8.1 Detour signs LS Z OaO'-*/LS Z 0oo e. 00 8.2-A Concrete Curb and Gutter 72 LF /0 /LF 720 8.3 6' Concrete Driveway 26 BY 30 /SY 780 eo 8.15-A Concrete Rip-Rap 35 SY ZS_2/SY 87S oe 00 SP-2 Concrete Saw Cut 113 LF 3- /LF 3351 SP-4 Lower Water Line 1 EA 3000 /EA 3 Doc) - SP-10 Rock Excavation 50 CY 30 pe /CY /SUO 00 SP-37 Excavation Protection 902 LF S - /LF Z/ 510 SP-39 Project Si ns 2 EA ZSO e_ /EA S0o eo Miscellaneous Sprinkler oo va SP-40 System Adjustments LS 00 -/LS 7D~ TOTAL / ~0(a OG9 so P - 4 WORK DAYS 25 BID NO. 1128 Alexander Street Drainage (Alternate) PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Contractor's Warranties 1.21 and Understandings LS 000 LS 000 2.11.5 Inlet Frame and Cover 2 EA /00 oo/EA p0 0~ 2.12.3-A 21' RCP Storm Sewer 162 LF 3,? /LF 2.12.3-C 30' RCP Storm Sewer 352 LF 3G oo /LF /2 (y 72 so - o0 0_ 2.12.3-C1 300 6 to 1 Safety Ends 2 EA (O00 ' /EA a1206 2.12.3-D 36' RCP Storm Sewer 57 LF SD o, /LF 2,95-6 6' Ductile Iron p0 p0 2.12.14-A Sanitary Sewer 18 LF SO - /LF 00 12' Ductile Iron 00 2.12.14-B Sanitary Sewer 54 LF ;4 /LF 3 Z'f0 - 2.12.20 6' PVC 10 LF 33 e_ /LF 330 00 2S 3-A.1 Remove Concrete Pavement 40 BY 8 /SY 3ZO ' Remove Concrete 3-B Curb and Gutter 109 LF. Z _o /LF Z18 =o po eo 3-C Remove Concrete Driveways 15 SY $ - /SY /ZD Preparation of ao 00 3.1 Ri ht-of-Wa LS /0000 -/LS 000 - 0o a' 3.3 Unclassified Excavation 675 CY $ _ /CY $ 00 3.7 - Compacted Fill 175 CY /CY b75 o0 3.10.7 H dromulch 1,875 SY /,So /SY Z 8/Z sp Type A Hydrated Lime 00 po 4.6-A Slurry 5 TON 7S_ /TON .3 7.5 Lime Treatment of 2s ,p 4.6-B Sub Lade 370 SY 7 /SY Z S90 - 4 1/2' Asphalt Pavement oo do 5.7-A.1 (Type A Base) 345 Sy - /SY 79S - 1 1/29Asphalt Pavement 5.7-A.2 (Type D) 345 BY ~oo SY 4386 o 2' Asphalt Patch 26 5.7-D Material (Type D) 25 TON ~S-/TON 1,125- o~ 7.4 Concrete Encasement 7 CY 200 / Cy / 91,00 pe - 7.6.A-lb 12' Curb Inlet (Type V) 1 EA Z,-r-06 o/pEA 4S0 a 7.6.A-3 8' Curb Inlet (Type VZI) 1 EA • ZYOo p_/EA 2 BOO p P - 5 J~Z~.ti~ - nvnn unrw BID NO. 1128 Llexander Street Drainage (Alternate) PO NO. BID TABULATION SHEET _ ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 7.6.A-4 5 x 8 Junction Box 1 EA 2 80000/EA Z 80000 (Special) 7.6.A-5 5 x 8 Junction Box 2 EA Z $Oo -/EA 5-(,00- Barricades, Warning and ag 8.1 Detour Signs LS 2 500 ~'/LS Z .500 00 00 8.2-A Concrete Curb and Gutter 72 LF p /LF 77-0 8.3 60 Concrete Driveway 26 BY --z6 _Olsy 7,80 8.15-A Concrete Rip-Rap 57 BY 25/SY / 25 SP-2 Concrete Saw Cut 113 LF 3 /LF 339 o0 SP-4 Lower Water Line 1 EA 3500 -/EA 3500 - eo o. - SP-10 Rock Excavation 50 CY 30 /CY /1500 SP-37 Excavation Protection 572 LF 7 /LF SP-39 Project Signs 2 EA ZSO - /EA Soo Miscellaneous sprinkler eo o_ SP-40 S stem~Ad'ustments LS 700 /LS 00 So TOTAL 6,5 9, P - 6 BID# 1128 a ALEXANDER STREET DRAINAGE PROJECT BID SUMMARY 1. Base Bids - Smooth Interior Corrugated Polyethylene Storm Sewer Pipe Work Days 30 TOTAL PRICE $ /06,1 669 5'0 2. Alternate - Reinforced Concrete Storm Sewer Pipe with a natural channel from Wilson Street to the Channel. Work Days 35 TOTAL PRICE $ 90, (054' So Bid awarded shall be either Bid number 1 or Bid number 2. B - 1 BID# 1128 BID SUMMARY TOTAL BID PRICE IN WORDS 0/le .7~yvnr~~P~/ Spa T!/~u5gn~ ~i~A~~n^ -f1i/7e &//011 -5 Clnc~ ~ FZ~v CCn715 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. CONTRACTOR BY aa Street Address z- City and State Seal & Authorization 5/7_AlocJ9_Z7y/ (If a Corporation) Telephone B - 2 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON H THIS AGREEMENT, made and entered into this 4 day of September A.D., 19 90, by and between The City of Denton of the County of Denton and State of Texas, acting through Tl~*d V u°rrell thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and Larry-Manning, Inc.. , 821 Rings Row, Denton, Texas 76201 of the City of Denton , County of Denton and State of Texas , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH; That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: BID #1127 - CIF Sidewalk and US Highway 380 6 Carroll Blvd. Right Turn Lane in the amount of $134,351.60, for CIP sidewalk portion of bid only. Initials 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 said construction, 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 other drawings and printed or CA-1 0114s written explanatory matter thereof, and the Specifications therefore, as prepared by Cirg of npnrnn_Hnglnppring Staff. except that Contractor shall 9 only perform that portion of the bid-relating to CIP sidewalks for consideration. Initials shown , all of which are made a part hereof and collectively evidence and constitute the entire contract. SPECIAL CONDITIONS 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: wit Party of a First Part 0 NER (SEAL) ,y,.'-S Fr9t r' ATTEST: n Ond Larry Manning Inc. Party of the Second Part, CONTRACTOR By Ajj A Title 0' (SEAL) APPROVED AS TO FORM r6ey s Att0 r j CA-3 0114s jn the 'evint the insurer is unable to fulfill'its-(Ontruclual obligation under this policy or contract or application or policyholder certificate or evidence of coverage, the protected PERFORMANCE BOND fund at other solvency protection arrangement. BOND NO. TX468739 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 Merchants Bonding Company (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 The City of Denton as OWNER, in the penal sum of One pnndrpd Thirty Fnnr Thrn,gand Thrpp Hnndrpd and 60/100 Fifty Ong and Dollars (t l-j4_-jsi_6n ) 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 4 day of September, 19 90, for the construction of BID 01127 - CIP Sidewalk and US Highway 380 6 Carroll Blvd. Right Turn Lane in the amount of $134,351.60 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 no r~ 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 10th day of September , 19 90. LARRY MANNING, INC. MERCHANTS BONDING COMPANY (Mutual) Principal Surety BY(/ .4/z I'mv ZLG~/~ ~GLc~Lc tc fJ v Pauline Lesch ) Title O Title Attorney-in-Fact Address 821 Kings Row Address P. 0. Box 1150 Denton, Texas 76201 Lewisville. Texas 75067 ..ctn.: "i;`_~~•i~.. ' ~e f l ~'J4T, ~ ~~T J ~JV T 'z~~J 'SEAL) (SEAL cp 4:n' The nnameFand'address of the Resident Agent of Surety is: PCL INSURANCE AGENCY, INC. 206 Elm Street, Suite 105, Lewisville, Texas 75057 NOTE: Date of Bond must not be prior to date of Contract. PB-2 0091b PAYMENT BOND STATE OF TEXAS BOND NO. TX468739 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 Merchants Bonding Co (Mutual) 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 _One Hundred Thirty Four Thousand Three Hundred Fifty One and 60/100 Dollars 134,351.60 ) 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 4 day of September 19 90 , BID #1127 - CIP Sidewalk and US Highway 380 & Carroll Blvd. Right Turn Lane. 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 10th day of September: 19 90 LARRY MANNING, INC. MERCHANTS BONDING COMPANY (Mutual) Principal Surety By ~C( ct 4 LU,~tJ Pauline Lesch Y Title pfJ Title Attorney-in-Fact Address 821 Kings Row Address P. 0. Box-1150 Denton, Texas 76201 Lewisville, Texas 75067 s° Q ~ a- a31 (SEAL) (SEAL) Y1J Y f\ The na e and address of the Resident Agent of Surety is: "~.VV~iF~-'~• ' PCL INSURANCE AGENCY, INC. 206 Elan Street, Suite 105, Lewisville, Texas 75057 PB-4 0092b MAINTENAD.'CE BOND STATE OF TEXAS BOLD NO. TX468739 COUNTY OF DENTON KNOW ALL P'EN BY THESE PRESENTS: THAT Tarry Mannino Tnr_ as Principal, and Merchant,Randing Co. Mutual) 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 Thirteen Thousand Four Hundred Thirty Five and 16/100 Dollars 13.435.16 107 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 Larry Manning Inc. has this day entered into a written contract with the said City of Denton to build and construct BID 11127 - CIP Sidewalks and DS Highway 380 S Carroll Blvd Right Turn Lane which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, and: WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted' to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair, of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. NE-1 0093b 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 Larry Manning Inc. as Contractor and Principal, has caused these presents to be executed by and the said Merchants Bonding Company Mutual as surety, has caused these presents to be executed by its Attorney-in-Fact Pauline Lesch and the said Attorney-in-Fact has hereunto set his hand this 10thday of September 19 90 . SURETY: PRINCIPAL: MERCHANTS; BONDING COMPANY (Mutual) LARRY MANNING, INC. ~qP41ih- ~Gescff F- a'tt°orney-in-Fac t; HB-2 0093b MERCHANTS BONDING COMPANY (Mutual) DES MOINES, IOWA DOWER OF ATTORNEY Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), a corporation duly organized under the laws of the State of Iowa. and having its principal office in the City of Des Moines, County of Polk, State of Iowa. hath made, constituted and appointed, and does by these presents make, constitute and appoint Clem F. Lesch, Pauline Lesch or Don E. Cornell of - Lewisville and State of Texas its true and lawful Attorney-in-Fact, with full and authority hereby conferred in its name. place and stead. to sign, execute, acknowledge and deliver in its behalf as surety: power Any and all bonds or undertakings, provided that no bond or undertaking executed under this authority shall exceed in amount the sum of FIVE HUNDRED THOUSAND ($500,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and all the acts of said Attomey, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (Mutual). ARTICLE 2. SECTION 6A. - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recogmzances, contracts of indemnity and other writings obligatoryto the nature thereof. ARTICLE 2. SECTION 66. - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking. recognizance, or other suretyship obligations of the Company. and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by its Vice President and Executive Vice President, and its corporate seal to be hereto affixed. this 1st day of January A.D., 1990 Attest MERCHANTS BONDING COMPANY (Mutual) \NG CO~•, ~PPp ' ;q• By Z. urce Presdent ' a' 19P3 STATE OF IOWA y~.ecue.e ~ce vreAe. COUNTY OF POLK sa b•'• Q On this 1st day of January 1990 before me appeared and Rodney Bliss III, to me personally known, who being by me duly sworn did say that they are Vice President and Executive Vie Presidentt respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal, at the City of Des Moines. Iowa the day and year first above written. • ,~~G. BRUtio.•. 3 10 WA m Notary Pone. Pop County Iowa Z J My C.ro,seton E.pues OT•......•'~P STATE OF IOWA 84-92,-a " •gRIA7-COUNTY OF POLK ss ',`6 I. M.J. Long. Vice President of the MERCHANTS BONDING COMPANY (Mutual), do hereby dei I- the abo✓;ano ; foregoing is a true and correct copy of the POWER OF ATTORNEY, executed by said ML'1c CF? NITS BOND N, l a COMPANY (Mutual), which is still in force and effect. - In Witness Whereof. I have hereunto set my hand and affixed the seal of the Company, at LewiSvilYe T2 Xas' this 10th dayof September 19, 90 °--~"••O~'+3a'• F-..; y: tit 3~ This power of attorney expires December 31_,- 1990 , vb • • C.,, CITY OF DENTON INSURANCE MINIMUM REQUIREMENTS INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of the project should be indicated, and the City of Denton should also be listed on all policies as an additional named insured. To avoid any undue delays, it 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 omi§bion 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 -~iqliiljj I le 1, 11 1 1, ISSUE DATE (MM/DD/YY) k PRODUCER 08-01-90 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Denton Insurance center, Inc ENOXTEND RIGHTS OR UPON ALTER THE THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Drawer 'C Denton, Texas 76202 COMPANIES AFFORDING COVERAGE COMPANY LETTER A Houston General INSURED COMPANY LETTER Houston General B Larry Manning Inc. COMPANY C ' LETTER 821 Kings Row Denton, Texas 76201 LETTERNY D Houston General LETTERNV E Houston General. • L: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WI TIONS OF SUCH POLICIES TH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS, AND CONDI-, . LT R TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION POLICY NUMBER DATE (MWOONY) DATE (MMIDDM'I ALL LIMITS IN THOUSANDS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY (-,(L936806904 3-24-90 3-24-91 GENERAL AGGREGATE PRODUCTS COMPIOPS AGGREGATE 1,000 CLAIMS MADE OCCURRENCE i' PERSONAL A ADVERTISING INJURY $ OWNER'S & CONTRACTORS PROTECTIVE ie Blnder ti. 8-22-90 8-22-91 EACH OCCURRENCE 500 9nn r' T FIRE DAMAGE (ANY ONE FIRE) if. MEDICAL EXPENSE (ANY ONE PERSON) t- B AUTOMOBILE LIABILITY AUT935870504 x, ANY AUTO 3-24-90 3-24-91 CSL { Y ALL OWNED AUTOS 500 & ors BOOIIV 111 X SCHEDULED AUTOS INJURY r (PER PERSON) c.. HIRED AUTOS BODILY IL 'NON OWNED AUTOS IpEa Y CIDENT) R t GARAGE LIABILITY AC PROPERTY RftDAMAGE 1EXCESS LIABILITY S? EwCM AGGREGATE OCCURRENCE x.11±' Il. ER THANUMBRELLA FORM :AMT :By D WORKERS'COMPENSATION CWC100762704 STATUTORY AND 3-24-90 3-24-91 (EACH ACCIDENT) EMPLOYERS' LIABILITY 100 500 IDSEASE POLICY LIMIT) OTHER ino (DISEASE EACH EMPLOYEE) t_,C E Builders CIM938132700 5-09-90 5-09-91 $158,521.35 V, DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS p= Certificate Holder is Hereby Shown as Additional NaTTLed Insureds *Owners & Contractors Protective - City of Denton r. CIP Sidewalks &'US Hwy 380 - Carroll Blvd Right Turn Lane SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX City of Denton PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO T.ttn: Purchasing Dept. MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 901 B Texas Street LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Denton, Texas 76201 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. E. AUTHORIZED REPRESENTATIVE James Watson_' CERr1FICAIE OF INSURANCE CITY OF DENTON Name and Address of Agency City of Denton Reference: Project Name: Project No: Phone Project Location: Managing Dept: Name and Address of Insured: - Compan - ies - Affording Coverage: A B Phone C This is to certify that: l) 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 Letter Expiration Limits of Liability Type of Insurance Policy Number Date In Thousands 000 Comprehensive General Liability Occurrence - Occurrence - Claims made (see #4-Page CI-4) Bodily Injury $ Broad Form to Include: Property Damage f - Premises/Operations - - Independent Contractors - Products/Completed Operations Bodily injury and Property - Personal injury - Contractual Liability(see #3-Page CI-4) Damage Combined j - Explosion and Collapse Hazard - Underground Hazard - Liquor Liability Coverage - Fire Legal Liability (see #5-Page CI-4) - Broad Form Property Damage - - - - - Professional Errors/pnissions - occurrence claims made (see #4-Page CI-4) Comprehensive Automobile Bodily Injury/Person f Liability Bodily Injury/Accident t one Leased Automobiles Property Dam - ge - - - $ - Non-owned Automobiles - Hired Automobiles Bodily Injury/Property Damage Combined = - Workers' Compensation and Statutory Amount Employers' Liability y j eiclii -accident - Owners' Protective Liability _ Other Insurance Description of Operations/Locations/Vehicles. - - Each policy shall require thirty (30) days notice of cancellation, non-renewal, or material change in coverage. (See #2, Page CI-4). Name and address of Certificate Holder. SDE CITY OF DENTON, TEXAS PURCHASING AGENT 901-B TEXAS ST. AUIHURIZEU RREPRESENTAIIVE DENTON, TEXAS 16201 - SEE DEFINITIONS ON PAGE CI-4 ATTAr,11EU. )0431 c1 - 3 _ 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 CITY of DENTON l 215 E. McKinney l Denton, Texas 76201 MEMORANDUM ADDENDUM #1 DATE: July 23, 1990 TO: CONTRACTORS FROM: David Salmon, P.E. Civil Engineer SUBJECT: 1990 CIP Sidewalks (Bid #1127) ADDENDUM #1 This memo is to serve as notice to all contractors bidding on the 1990 CIP Sidewalk project that the note on sheet 12 concerning the height of the retaining wall is in error. The height of retaining walls on this project are as noted in the specifications on page SC - 3. There will be no retaining wall from Stations 4 + 00 to 6+ 00 on sheet 12 as noted on the plans. The retaining wall from Station 0 + 00 to 4 + 00 will be a maximum of 3 feet tall. V David Salmon 0885E ACKNOWLEDGMENT DATE BID BOND Know all men by these presents: Tit LARRY MANNING INC ' (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 Des Moines, Iowa, (hereinafter called Surety), as Surety, are held and firmly bound to CI Y (hereinafter called the Obligee) in the full and just sum of 57CAB - ) Five Percent Of The Greatest Amount Bid 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 31st day of_ July 1990 , THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for CIP SIDEWALKS AND US HIGHWAY 380 & CARROLL BLVD. RIGHT TURN LANE BID NO. 1127 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 3 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. LARRY MANNING, INC. Witness: Principal By 1 Attest: ; MERCHANTS BONDING COMPANY (Mutual) j Paul,ne i. Lesc 31st July 90 December 31, 1990 BID # 1127 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF CIP SIDEWALKS AND US HWY. 380/CARROLL BLVD. RIGHT TURN LANE IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the form of contract,'Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish ail 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 BID# 1127 Accompanying this proposal is a certified or cashier's check or aid 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 ` WORK DAYS 40 CIP Sidewalks BID NO. 1127 PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT Remove Concrete UNIT PRICE TOTAL 3-B.1 Curb and Gutter 188 LF C i r i . /LF 3-B.2 Remove Co------ Curb 76 LF zwc Remove Concrete Drive /LF 3-C and Sidewalk 49 SY t'" L SP-46 Remove Concrete Steps 6 Set /Set SP-47 Concrete Ste s 6 <<' Set Concrete. Retaining ESL- /Set J~:_, 8.7.A Wall (Class A) 1,517 LF / . /LF 8.3-A 40 Concrete Sidewalk 3,201 SY /SY 17 8.15 Concrete Ri -Ra 10 SY .~J. /SY = 3.7 Com acted Fill 57 CY /CY SP-2 Concrete Saw Cut 624 leu _ LF r /LF 3,10.7 Hydromulch 4,378 SY s 7.S /SY 3.9.3 St. Augustine Sod 438 ,co SY /SY 1~c SP-27.A Water Service Adjustment 3p SP-27.B Sewer Service Adjustment 14 EA /EA SP-48 Fire Hydra nt Adjustment 1=y EA /EA SP-21 French Drain 1,500 LF /LF /4 contractors warranties 1.21 and Understandin s / ' Preparation of 3.1 Ri ht-of-Way LS Barricades, Warning 8.1 Si ns and Detours C_ SP-39 Project Signs 2 EA /EA <1 Sv SP-34 2• Schedule 80 PVC 5 525 LF /LF Miscellaneous Sprinkler ~ SP-49 S stem Adjustments TOTAL * 3.10.3 Seedin SY P - 3 WORK DAYS 15 US Hwy. 380/Carroll Blvd. Right Turn Lane BID NO. 1127 PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Remove Concrete 3.B.1 Curb and Gutter 202 LF /LF SP-33 Remove Concrete Inlet 3.3 Unclassified Excavation 95 CY ) . /Cy 7.6.A 10' Inlet' is 1 EA /EA ..,~✓~:.•i.~.= 2.12. 18' RCP (Class III) 10 LF /LF 2.11.5 Inlet Frame and Cover 1 EA /EA 8.2 Inte ral Curb 197 LF /LF Ll'% 5.8-A 8' Concrete Pavement 193 f SY /SY U~ SP-15 Adjust Water Valve 1 EA /EA SP-2 Concrete Saw Cut 206 LF /LF Contractors warranties 1.21 and Understand*- s Barricades, Warning LS;/j; 8.1 Si ns and Detours TOTAL P - 4 ` WORK DAYS 10 Glenwood Street French Drain BID NO. - PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY - UNIT UNIT PRICE TOTAL SP-21 French Drain 383 LF /LF J SP-34 2' Schedule 80 PVC 70 LF /LF 7-7 SP-2 Concrete Saw Cut 180 C< r_, LF /LF Remove Concrete 3-C Sidewalk and Drive 18 Sy /Sy 3-B.2 Remove Concrete Curb =y' J. Remove Concrete 10 LF /LF "~~l~• SP-50 Retaining Wall ' ~ :j.C~,r, ')L. /LF Replace concrete 10 LF - ' 8.7.B Retaining Wall 10 LF /LF 8.2 Integral Curb 10 L SP-27.A Water Service Adjustment SP-27.B Sewer Service Adjustment 5 EA , Miscellaneous Sprinkler SP-49 S stem Adjustment CC 3.10.7 H dromulch 213 gy /Sy 3.9.3 St. Au ustine Sod 25 SY Contractors Warranties /Sy 1.21 and Understandings LS Barricades, Warning - 8.1 Signs and Detours 8.3-A 4" Concrete Sidewalk 18~~~~' BY /SY /..-j.: TOTAL * 3.10.3 Seedin 213 By L/ /SY / P - 5 BID# 1127 BID SUMMARY DOTAL BID PRICE IN WORDS 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. CONTRACTOR r \ BY c1 :J L.a Street Add#ess City ana State Seal & Authorization (If a Corporation) Telephone B - 1 f` BID# 1127 BID SUMMARY Work Days Bid Price (1) CIP Sidewalks ?Ci 40 (2) US Hwy, 380/ Carroll Blvd. Right Turn Lane 15 (3) Glenwood Street French Drain 10 (4) TOTAL 65 B - 2 DATE: August 21,1990 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 41132 - WEST OAK STREET PAVING AND DRAINAGE RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Jagoe Public Construction Co, in the amount of $359,544.35. SUMMARY: This bid is for the construction of 8" asphalt paving, drainage and sidewalk on West Oak Street. The project runs from the intersection of West Oak and Bonnie Brae to the intersection with 135. The sidewalk is located on the north side of this portion of West Oak Street. BACKGROUND: Tabulation sheet, Memorandum date August 8, 1990 from Jerry Clark, Director of Engineering and Transportation PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Engineering and Transportation Department and citizens utilizing West Oak Street area. FISCAL IMPACT: Funds for this project will come from 1985 Street Bond Account Number 434-002-SB85-8518-9105. Resp fu/ll/y ZsubLlo d V. Harrell City Manager Ze ared by: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent TS/jh 041.DOC N y y - N r.- ~ as I a 1 rl Z ~ 1 I Z G _ I a a 1 I 1 I C ~ m r- °e rJ m I y O a i 3 1 Rl [~7 rte. CJl r~i I I v m f -i cJ _J "O 1 m I o m m o y G 1 m l v r r v arc 1 1 ~ m z of a a} c, ~ z i G i i 1 w w ~.J <.J _w i 1 m c. 1 1 1 j ~ ~ I a l O 1 I 1 Ul 6i Gl j d l T -0r {a Q I ~ ~ C ~A l9 I 1 T w W gJ r cn cn cv w w ~l 4J w I 1 ~ cn 1 i 1 m ul ~cn , G I ? v c.J n I o- cavil j T i r} 0 Lh 1 I .ZJ - - - 41 W - 1 1 w w 1 4J 4J I 1 Sr [b V w I I 'il 1 1 1 rl] ~I 21 ~ 1 1 l rV+J °°1 Cl l _i Cll Ul ~ 1 ~ I R1 6i 1 1 r< w w 1 1 W W I I ~ I 1 ~i V '-1 Rl I s 1 y ~ N 1 G I Ql ~ I ~ 1 y °Gll 1 1 ~ ~ fr J9 I I LT w w y, p 1 1 ~ ~ ~ r OJ Mr I C 1 ft _ N _ N _lJ ~ m 1 Al .,p OO 19 N ~ 1 G i l9 I CJI r! ~'1 21 Qj ~ ~ S ~ S W Vl 6J N 1 1 C r-+ - m m 6a 9 y ~ 1 1 RCrrl ,--n CITY rf OF ' AUIS 199P sip rli ls: o r CITY of DENTON / 215 E. McKinney / Denton, Texas 76201 MEMORANDUM DATE: August 8, 1990 TO: Tom Shaw, Purchasing Agent FROM: Jerry Clark, Director of Engineering & Transportation SUBJECT: West Oak Street Paving - Bid 1132 (Bonnie Brae to 135) The Engineering Division has reviewed the bid from Jagoe Public and feel the prices are acceptable. The total bid is also below our estimate. Jagoe Public has done several City projects successfully. We recommend that they be awarded the bid with a total price of 359,544.35. This includes the street construction and a sidewalk along the north side. Je r C1 k 0904E CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON ) ( - THIS AGREEMENT, made and entered into this 21 day of AUGUST A.D., 1990, 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, Party of the First Part, hereinafter termed the OWNER, and JAGOE-PUBLIC COMPANY, 3020 FT. WORTH DRIVE BOX 250, DENTON TEXAS 76202 - of the City of DENTON County of DENTON and State of TEXAS , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in. consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: WEST OAK PAVING DRAINAGE AND SIDEWALK $359,544.35 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 said construction, 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 other drawings and printed or CA-1 0114s written explanatory matter thereof, and the Specifications therefore, as prepared by THE CITY OF DENTON TEXAS ENGTNEERTNG STAFF all of which are made a part hereof and collectively evidence and constitute the entire contract. SPECIAL CONDITIONS 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: Party of a First P rt, OWN ~l A% t i B r O LLOYD V_ H_ARRELL CITY MANAGER e~Y. (SEAL) ATTEST-. TAGOR-PURT.Tr rMPANV party the Second Part CONTRACTOR By /00 itle (SEAL) APPROVED AS TO FORM': City AG LneY'= era ` r CA-3 0114s PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON') ( KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC COMPANY , of the City of Denton County of Denton , and State of Texas as PRINCIPAL, and SEABOARD SURETY COMPANY as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF DENTON TEXAS as OWNER in the penal sum of THREE HUNDRED 6 FIFTY NINE THOUSAND, FIVE P ATTNnRFn FnRTV FTTTTR ANn 'A5/1 (10 Dollars aso see vs ) 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 _21_ day of ArtrTTRT 1990 , for the construction of Bid #1132 - West Oak Paving, Drainage and Sidewalk 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 21st day of August , 19 90. JAGOE PUBLIC COMPANY SEABOARD SURETY COMPANY Principal Surety By Q (~1Ll 1~ '01 Title 'j~hc~ - yu~ LSL Title Rosemary Weaver, Attorney-in-Fact Address P. 0. Box 250 Address Burnt Mills Road.and Route 206 Denton, Texas 76201 Bedminster, New Jersey 07921 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: CORROON & BLACK, INC. of Dallas Lincoln Centre II, 5420 LBJ Frwy., Suite 1400, Dallas, Texas 75240-2652 NOTE: Date of Bond must not be prior to date of Contract. P B-2 0091b PAYNENT BOND STATE OF TEXAS COUNTY OF DENTON ) KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC COMPANY of the City of Denton , County of Denton and State of Texas as principal, and SEABOARD SURETY COMPANY authorized :under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of nentnn_ Texas , OWNER, in the penal sum -of Three FinndroA & Fifty u; ne Thousand, Five Hundred Forty Four and 35/100 Dollars 359,544.35 ) 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 21' day of August , 19 90 FOR THE Construction of Bid ,#1132.- West Oak Pavin¢, Drainage and Sidewalk 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 WITBNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21st day of August 19 90 . SAGOE PUBLIC COMPANY SEABOARD SURETY COMPANY Principal Surety By \ Title Title Rosemary Weaver, Attorney-in-Fact Address P. 0. Box 250 Address Burnt Mills Road and Route 206 Denton, Texas 76201 Bedminster, New Jersey 07921 r (SEAL) (SEAL) s .4 J W~~ v 3~ a w The name and address of-the Resident Agent of Surety is: j CJOI `J CORROON & BLACK, INC. of Dallas Lincoln Centre 11, 5420 LBJ.Fiwy., Suite 1400, Dallas, Texas 75240-2652 PB-4 0092b MAINTENANCE BOND STATE OF TEXAS COUNTY OF DENTON ) C KNOW ALL MEN BY THESE PRESENTS: THAT JAGOE PUBLIC COMPANY as Principal, and SEABOARD SURETY 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 Thirt Five Thousand Nine Hundred Fifty Four adn 43/100 Dollars 35,954.43 , 10X 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 Jagoe-Public Company has this day entered into a written contract with the said City of Denton to build and construct BID# 1132 - West Oak Paving, Drainage 6 Sidewalk $359-,544.35 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 NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain"said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of, the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain. said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF the said JAGOE PUBLIC COMPANY as Contractor and Principal, has caused these presents to be executed by Bill Cheek, Vice-President - Finance and the said Seaboard Surety Company as surety, has caused these presents to be executed by its Attorney-in-Fact Rosemary Weaver and the said Attorney-in-Fact has hereunto set his hand this 21st day of August 19 90 SURETY.-- '""N_ PRINCIPAL: .S ABOARD SURETY COMPANY JAG PUBLIC COMP ~By k Roseman Weaves Attorney-in-Fact MB-2 I 0093b _ -~F ~cenftted copY~ v== -----=SEABOARD=SURSTY_COMPANY ~N l0 0376~ADMINISTRATIVE OFFICES BEDMINSTER =NEW= ERSEY POWER Of`AT=_-TORNEY NOW AlL.MEN BY THESE PRESENTS That SEABOARD SURETY COMPANY-a.corporatto`n~the State of New York~ha" maFie c no stit_ut~an`ppointed:a__` ~ y_the~_presents:dos~ake _c M to and p olnt Ro mes ary Wea e ,Tony d Klepec_or;~:;R~arvey Dallas Texas ~itsarue and lawful A[torney_in~Faet to make;.execute'and dwer_on fts ~hali:insurance poliaes_ surety-bonds; undertakings an`~~ othe` =ins#rume~of'slroitar natureasfol`ows - - - W,€kiout=Lmrtat=ions uch Insurarice pohcte ~ rely bow d~ nd~akings a, ndmstruments forsa~d~paa~ seen duly=executed by theme o~sai Alto=_ney m-`Fv_a_ct shall__ ~ ~=thg~upon thesa=d Comp~y~ Ilyand to~ ss~;e~~~as` signed by they auihonze^ offlce~of the_Gompanyand sealetl with Its°corporate_seal~and-aIl_the;acts:of=satdAttomey In_Facl pursuan€to the:authorityy hereby grvenVare herebyraUfted and co` ft~ed This appoNment is madee pursuant~he f_ofl`mg By`=ws which were dulyadopted;by t~ Board of D¢ectttT~ot the sat_ Company on_Decemtier 8th, 1927 _wrth~Amendinerits to:and Indudmg January 15,-1982 and are stlll.ln full force=a__d effect - - v ~Pollcrea boiMCsN a nizance0. sG Nations consents otsure underwntle -ands anart kln sand nsl frumen s rt slat ti-~liereto. losur~ncepoh`ies bonds~~ogn¢an~e~pulations:consentsof surety andunderwnhng=~daamg5\otthe.Compan~ QTele=se~greem_eots a_' `~-h`` ~(d} 6yrthe Ghar anof the Board the P'~iderir'a~Vce Pres dento~alRes50 n Vice PresC neand Dy~eSecret rya_n_:`nSten_- 5 et ry R siden^ ~ retary or a Resident A stmt Secreiary-0r (b) by-an\Attorney ih Fact for°tpe-Company appomtetl:antl:auihorreed-Dy the Cfia~rman;0~-the,Boacd the The seaifol the-0ompany shalshal~ d pop aterDe:afft~tl t-beret 6o a y such ~o_fbcerr Attonney at i o~ pdresentat~°~me-to~hme:de_~ermin _-1=WIT-N~ V~/, =~E_EOF_ SEABOARD S~ R`Y_COMPANY h`_causetl these presents to 6~stgned by one~rts,V~c~` ~P`den, t~ rid tlcorporate~~~ -_b~e, hereunto affixed:a~d duly~at~estetl by_one of rts=ASSfstant Secretaries this_;l_:~ st`;• ~tlay-of~Septemb~er.~ -19°8=8~ - s10.FTr~ l~ 3 d~ Aitest~-wQ~ J~~.r ~f SEABOARD SURETY COMPRN STATE OF NEW JERSEYY S -w -w y a tem}ber_-i ~_i 88~ P Y Pp - O t~-hs~-~].St ER~~ Ada of_~=$.-$ - 19 ~before~ me e s all a e ear d M_ ichaeLB~Keegan~ a VICe=President of SEABOARD SUBET_Y COMPANY> wrtti whom 1 am ersonall ac ua led who bem b me dal -sworn said that he resdes m the-State of N9w ~eZ'`-se ~p_ ~Y q 9 Y Y ~ ~ ~ ~ ~ hat he is a UICe=President of SEABOARD SURETY COMPANY the:corporabon descntiedin and which executed the.foCegoing= ~instrume`n>~ atat he knows the corpora~of`e~`mpany`th, at h_e sear>~tlxed to aid instrument Iss~uchieorporat~ al ~ttiatit:wasso:afftxedbyorderof3he8oard:of;DiPectorsofsatd:Company„andahathesignedhisna_meaheretoas-Vice_P_reslden`_t~f s d Comp y y like,=anth_~_o~y.~~ELIG M CAT$LANO~ a NOTARY PUBLIC OF NEW I RE SE`f~ ~ = t ~t lw~ 1, > MYy Commission Exp ! 4 1991 _ ~ - ~ ~~NOtary-Publi`_ c ~uauc y of ~ CERTI FIC_AT_E ~OF=N onder5~gnedASSrstan[Secretary_ofSEABOARD SUBETYGOMPANYdO hereby cerhty~thattfieongmal POwerofAttorneyofwhich theforegomg:~s= a rueandcorrect copy ~s'm fulltorcearitletfecto h date o(th~s Certdicate and9 dofurtheeceRify that the Vice-PresidenFwho executed the said.POweaof ~~-Attorney- s one_of theAfficers:authonzeA bythe~Board of Dvectonr=to appolutfan: tta orney In=fact asprovided-m.Article~-Vll.Sectio_~ m` f t~ y_L MTh s CertiRcate mCayb As gnedand 85 a e, d!DLfa~cs~imde and I ^e a d-byauthority of t_he Ifowmg re5oluti n otaheExecutwe:Gommittee of~theEBbard"o = RESOLVED (2D hUaREh Y BOofPa Nrinted- acsi 1 dot theyor_-mate (seal of theSCompanf and of She si na o a AsSistanLS~~~re e, -on_~ rr P Po Y 9 - ry Y~ ertd~cahwr:ofahe:correctnes`of;a:ctipy~Fammstrument executedby-the:Presideni or aVice-HresiAeotpurs_uantao:Art~cIe:VI1 .Seclwnt of~the;6y_Law = apPOmtmg anH a~ _thonzlnq an attorney IFr`act to"sign m the-name and omtiehalf of ttSe Comperiy_sti2[y bonds,~nderwnhng a=dertakmgs or othej= mstrUmentsaescnbed in Said Art~c1e V11=.Sect~ ~0~=1,_with Ilke:effect-as:d-sucfi_seal and suchs~gnature.tiad:been_manuallycafhxedaPd made, herabyis= ~auttiowz~:a'M-a loved."~ - ~ PP `I~_ ITNE~ Vif#~EREO , have hereunto set=myh d and afflz~d the corporate seal of a Company tatheselpresents€ttSi suanr ~--'_'.i~~1 ('~~dey O V ~ - - ~ X19:. w =1927_ . ~ - - - z~- _~ASSi~sf9ss~re`~ary~ _ nfol Nr,Y'F Form 95T laav 7/&t For,veri~icatiort ofathe anr'.'?micity,of thrs,Powerof Attorney you may call"collect'207b583500 and'ask fo the Power of Attorney clerk Please refer,to the Power of Attorney rium6er,7ha shove named individual(s) anC details of the bond to which tAe power is attached-~In.New YorK Dia1212-627-5444:".~ - CITY OF DENTON INSURANCE MINIMUM REQUIREMENTS INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance- shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will. be given to the Owner before any policy covered thereby is changed or cancelled. The.bid number and title of the project should be indicated, and the City of Denton should also be listed on all policies as an additional- named insured., To avoid any undue delays, it 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 omibsion 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 olp a~:~rieu CERTIFICATE OF INSURANCE' SSUEDATE (DDYY) _ y y,Y/ r4 ,3 S a > ~ t _v~..i •~u~LS~a'ivrs W' Y_. I ._Y 4 ls! i ,L `k - yl 7` aJ'6 Gil K' r}.`34; `i• Fr .v'' .1•r "'h~ 8 _30 90 PRODUCER ! THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, RAMEY, KING F7 MIDIIdIS INSURANCE EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 707 FIRST STATE BANK BUILDING r- DENTON, TEXAS 76201 COMPANIES AFFORDING COVERAGE } ETTERNY A TRINITY UNIVERSAL INSURANCE C01PANY CODE SUB-CODE _ _ COMPANY B INSURED HARTFORD INSURANCE CGIPAN JAGOE-PUBLIC CWANY, INC. LETTERNY C G. G. RICKS Fi SONS, INC. P.O. BOX 250 1 COMPANY LETTER D DENTON, TEXAS 76202 _ 1 COMPANY E I LETTER •.,y`' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD y INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES. DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, -EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COI TYPE OF INSURANCE j POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION( LTfl 1 - DATE (MM/DD/YY) I DATE (MM/DD/YY) ALL LIMITS IN THOUSANDS GENERAL LIABILITY ~ !GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY ( - -2_000-- j PRODUCTS-COMP/OPS AGGREGATE $ CLAIMS MADE( ' A x occufl GL7455963 10/1/89 10/I✓90 _ PERSONAL 8 ADVERTISING INJURY I $ 2 OOO X 000---' OWNER'S & CONTRACTOR'S PROT.j - , EACH OCCURRENCE _ $ 1P - . FIRE DAMAGE (MY one fire) I = I, OOO- MEDICAL EXPENSE (Any one parson) ~ i AUTOMOBILE LE LIABILITY _ I i COMBINED A i_x_; ANY AUTO TBA6422963 110/1/89 10/1/90 uM TLE 5 ...1 000 ALL OWNED AUTOS BODILY I x SCHEDULED AUTOS, (Per/person) f (HIRED AUTOS (BODILY r~ 7 ll, X j NON-OWNED AUTOS , i INJURY S I~ 1 x-I Per ectloanQ, 1 GARAGE LIABILITY I !PROPERTY I - I ' DAMAGE IS V EXCESS LIABILITY I _I I ~ EACH I AGGREGATE~- OCCURRENCE 1'^ A X- i OTHER THAN UMBRELLA FORM U07441134 110/1/89 ( 10/1/90 I• $ 000 I s 1,060 WORKER'S COMPENSATION j I 1 STATUTORY B ( AND 71WZCR1235 10/1/89 10/1/90 I -1 500 (EACH ACCIDENT) EMPLOYERS' LIABILITY S SOO (DISEASE POLICY LIMIT) - I $ SOO (DISEASE EACH EMPLOYEE f OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS Project: West Oak Paving F, Drannage 'CERTIFIC E HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE # BITY OF MIM EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR `TO Attn: T018 Shaw it'll MAIL _V_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 901E TEXAS ST. , LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR -7 DEMICBJ, TEXAS 76201 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ri AUTHORIZED REPRESENTATIVE - c RAMEY, KING $ MINNIS INSURANCE ACORD 25-S (3/88) ©pCORD CORPORATION 1988 - ISSUE DATE (MM/DDIVY) n al:I/iend~.CERTIFICATE & INSURANCE 9/4/90 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, RAMIT , KING $ DIINNIS INSURANCE EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 707 FIRST STATE BANK BUILDING DENTON, TEXAS 76201 COMPANIES AFFORDING COVERAGE COMPANY LETTER A TRINITY UNIVERSAL INSURANCE CG14PANY CODE SUB-GOOF , COMPANY B INSURED LETTER ' CITY OF DENTON AND ITS EMPLOYEES COMPANY C -c/o PURCHASING AGENT 901-B TEXAS STREET COMPANY D DENTON, TEXAS 76201 COMPANY E LETTER &..-J OE-PUBhIC-INE- f THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR; DATE (MMIDD/VY) DATE (MM/DD/VY) GENERAL LIABILITY GENERAL AGGREGATE $ 500 ! COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/)PS AGGREGATE, $ 500 1 CLAIMS MADE ;OCCUR' PERSONAL 8 ADVERTISING INJURY $ 500 A X I OWNER'S 8 CONTRACTOR'S PROT BINDER/APP 9/1S/90 For the EACH OCCURRENCE :$,500 Duration FIRE DAMAGE (Any one lire . ) S _ LU tt _ I . MEDICAL EXPENSE (Any one person) $ , . of the I___ job SINGLE - AUTOMOBILE LIABILITY COMBINED r.,.._.~ SINGLE $ i ANY AUTO LIMIT i-.._._f I ALL OWNED AUTOS BODILY INJURY S j SCHEDULED AUTOS (Per person) - i _ HIRED AUTOS BODILY -j INJURY $ NON OWNED AUTOS (Per arcidenl) I n GARAGE LIABILITY PROPERTY $ DAMAGE EXCESS LIABILITY EACH _ AGGREGATE OCCURRENCE I $ $ 1 I OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY $ (EACH ACCIDENT) AND $ (DISEASE-POLICY LIMIT) EMPLOYERS' LIABILITY i $ (DISEASE-EACH EMPLOYEE wj__ _ _ ' I OTHER i I i DESCRIPTION OF OPERATIONS/LOCATIONSNEMICLES/RESTRICTIONSISPECIAL ITEMS t , 1 CERTIFICATE HOLDER s" , - " CANCELLATION - ' j ,....._,...w..,,,.-k.m.c,.... ..,~.t e. sr...a......., x-..v __ta" _ - . r.. 's f..a~ ii SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE r. EXPIRAT{9N DATE THEREOF, THE ISSUING COMPANY' WILL ENDEAVOR TO 4 MAIL -31 .I-DAYS WRITTEN NOTICE HE ERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL S H NOTI SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON HE COMP Y, ITS AGENT OR PRESENTATIVES. 'I. AUTHORIZED REPRESENTATIVE !F' RAMEY,KING MINNIS SUIU15CE ;ACORD 25'S'(3I88) ©ACORD CORPORATION 1988 II.: CERTIFICATE OF INSURANCE CITY OF DENTON 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 = Broad Form to Include: Property Damage j - Premises/Operations . - Independent Contractors - Products/Completed Operations Bodily injury and Property - Personal injury Damage Combined f - Contractual Liability(see #3-Page CI-4) - Explosion and Collapse Hazard - Underground Hazard - Liquor Liability Coverage - Fire Legal Liability (see #S-Page CI-4) - Broad'Fortn_Property Damage - - Professional Errors/Omissions - occurrence - claims made (see #4-Page CI-4) Comprehensive Automobile Bodily InPry/Person _.f Liability Bodily Injury/Accident $ - Owned/Leased Automobiles Property Damage $ - Non-owned Automobiles - Hired Automobiles Bodily Injury/Property Damage Canbined $ - Workers' Campensation and Statutory Amount Employers' Liability eac acct ent - Owners' Protective Liability j Other Insurance Description of Operations/locations/Vehicles. Each policy shall require thirty (30) days notice of cancellation, non-renewal, or material change in coverage. (See #2, Page CI-4). Name and address of Certificate Holder. DATE ISSUED--- CITY OF DENTON, TEXAS PURCHASING AGENT 901-B TEXAS ST. AUTHORIZED REPRESENTATIVE DENTON, TEXAS 76201 SEE DEFINITIONS ON PAGE Cl -4 ATTACHED. 00431 CI - 3 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 # 1132 PROPOSAL TO THE CITY OF DENTON? TEXAS' FOR:THE CONSTRUCTION.OF WEST` OAK`. STREET:- PAVING,. DRAINAGE; AND SIDEWALK' 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 hast carefully examined` the `locations:,. conditions;, and classes. of: materials: of. the- proposed work and agrees: that he: will provide: all. the necessary Tabor:,. machinery,, tools4, apparatus,. and= other, itemss 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. Lt iss understood.: that: the., following> quantities of, work, to be- done: at unit prices are approximates only,, and are intended principally to= serve..as• a, guide in• evaluating- bids:. It is' agreed that then 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 pr rest 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 bey 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 workdays shown on the bid tabulation sheet. P _ 1. / BID# 1132 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 reservesA 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's. 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'- WORK DAYS 60 7 7 9 West Oak Paving and Drainage BID NO. PO NO. (Asphalt) BID TABULATION SHEET . ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE 1 TOTAL I I I I 3-A I Remove Concrete Pavement I 50 I Sy- I $ 7 /SY I $ Sp I Remove Concrete Curb I I I I 3-B• i and Gutter I 495 1 LF 1 $ /LF" 1 $ -q-90.00 I Remove Concrete Driveway I I. I 3-C- I and' Sidewalk I' 350 I SY' I $ pO /SY I $ Z 00 ca I I I 1 I SP-33 1 Remove Concrete Inlet. 1 1' I EA 1' $ .SOO ~ /EA I $ 00 O° L . i, h I . 1 SP-44' f Remove; Driveway Culverts I` T I' EA I $ / °0/EA' f $ 300 a I, I, I, I I 3.3 Unclassified- Excavation 1 4,476- I CY 1 $ S/CY I $ 2z 3&.00 1 6• Lime Treatment of. I I I 4.6-B I' Sub9rade I 12,283 1 SY' I $ / 2•s/SY I $7 ' j11 v I Type A ,Hydrated Lime I 4.6-A I Slurry 1 166 1 TON 1 °-/TON 1 $ / 3.L 1 2 Asphalt Pavement Base 1- 1 I 5.7-A.1 I (Type A) ( 11,813 I SY I $ Z 3-4- /Sy. I $ ~~i/8 I. C l/2" Asphalt Pavement. 1. 5'.T-N.21.1 Base-(Type A)' 1'• 9 620 I SY f 6°s/SY 1 $ O/ °o I 1 .1/2• Asphalt.Pavement I I• 5'-7=A.3' I (TYper D) F 9'i620: I' SY' 2 30/SY 1 $22 iCO I 2. Asphalt. Pavement. 1, I I oc 1 5.7=Br F (Type D Patch: Material) 1 201 I' TON 1 ~S /TON I S 700 I V Asphalt.Pavement 5.7-A.4: I (Valley Gutter) I 29~ f Sy, 50/SY I $ ' I I i I I 8.2-A• I Concrete Curb'and'Gutter 1 7,250, 1 LP f $ r °0/LF I $ 5CO U' I I I h I 5.8-A.1 1 .61' Concrete. Platwock I• 35 1 Sy' I 2.3 e51SY' I YjyG75, I. I I' 1 8.15-B I' Concrete Flume I 1 1 EA I $ 30 /EAI $ CO °a I 1- 8.3-A. I 4" Concrete Sidewalk 1 11 I SY I $ ZO /SY I 220 O0 I 1. i I I 8'.3-BE f V Concrete Driveway I' 880' I SY' I 23 8bSY" P $'20988 pO 14! Patterned.and'Colored I I 1.. 5'.B-A.2' I Concrete Flatwork. m I. R " .225 f BY I" $ 8 /SY 1 $ 7"P75 I, V. PVC. Schedule: 80: 1 1. SP-34. 1' Conduit: b 406,' 1 LF 1" $/0 /LF" I $ 060. °o 1 I_ I. 1 1 3.7 1' Compacted, Fill I' 675 1 CY I 2 5° /CY I ~ L 87 S I I. I I I SP-2 I Concrete saw cut I 220' 1 LF' I $ 2 So /LP I $ .SO I I I I I SP-15 I Adjust Manhole I 2 1 EA I Z EA I 00•°- P - 3 WORK DAYS 60 BID NO. 7 49 West Oak Paving and Drainage PO NO. (Asphalt) BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL. SP=27.B Adjust Sewer Service 1 EA. ~U/EA 00.gc SP-27.A Ad just Water Service 4 EA °-/EA /"?00.1 2:12.3-A 15' Class III RCP' 449 LF' Z /LF de 2:12.3-3 18*'- Class= IV RCP` ias LF °-"/LF 13 /,V. 2.12.3-C ` 21" Class- III. RCP, 245LF' Z7. 5-C/LF 2.12..3-D r 24" Clasa? IV' RCP' 215 LF oo /LF y pO 2.12.3-E 30" Class III RCP 363- LF Z /LF' Q L.pO 7.6 5' Manhole- and' Cover 1 EA. CO.`S/EA pO 7:6.A-1 4''' Curb• Inlet 4' EA - /SC /EA pp, o. 7.6.A-2' 10' Curb, Inlet. 2' EA 00.°7EA yoo,q° 4" Special. Type I' Curb 7.6.A-3' Inlet - 10'- EA. / GG6/EA: / pD 0~ 10'- Special' Type: I Curb; 7'.6.A-4- Inlet. EA Doc `'/EA' 2` Ooo.°o 2.11.5: Inlet. Frame and':- Cover 8" EA. 0G'/Ek Zoo.a 7'.4.5 Concrete Encasement. W-*Icy 6% CY, Break=into existing, SP-31 concrete structure 3 EA; oo`~/EA. yon,°_° SP-4 Lower_ Water Line 2 EA Gcc%EA ~Cc c, SP-37' Excavation Protection: 20.7 LF /'10/LF` 07,1' SP-39 Project-Signs' 2' Ek, 2.75° /EA? §O.°_° Preparation; of,,, 3. 1, Ri ht-of-wa LSi Zoo'a%, LS, ZOO.pO Contractors..warrantiea I 7t 1.21 and` Unda rst andin LS.- 7STLS' 1 ao Barricades, Warninq:. 8':1 Signs, and` Detours LS ~/LS+ GO,0.°-p SP-10 Rock: Excavation 100: CY , 50/Cy' ~p °c 3.10.7 R dromulch. 6,000' SY' 2''221 UD P--•4 WORK DAYS 60 West Oak Paving and Drainage _ BID NO.- 7737 (Asphalt) PO NO.. BID TABULATION SHEET ITEM DESCRIPTION UANTITY UNIT UNIT PRICE TOTAL 1 3.9.3 I St. Augustine Sod I' 600 1 SY I $ 3 Za /Sy -Ls-j :10 I _SP-21 I French Drain I 1.000: 1 LP 1 $ c~ /LP I S Q~"!7OO I 1_ 1 8.15-A, I Concrete-Rip Rap- I 10I Sy I $ 700 /BY I $ Z70 f I 1 1 I TOTAL I I- I I: 1. I 6 i I 1 I i * 3.10.3 I Seeding i 6,000 I SY' 1 yc /SY I $ c~ 1 I I 1 00 1 1 I I I $ / I $ I 1 1 I 1 I i'' I f / I $ I I I f I: 1' I I / I S i 1 1 I I I I- I I I I 1` P I $ / I $ 1 I I I 1 1 I r s / I$ 1: 1 1 1. - I I r r- s / 1$ 1~ I I I I I" I. 1 1. 1 1 1 1$ / I$ 1. I' F I: L. I 1 I I / I$ 1 I: 1. 1: 1 1 1' I I" $ / I $ 3 I $ 1 I P I 1. I I I 1 1 1 I I r s / I$ I I is I I 1 I 1 I$ / I$ • This~item:may replace Hydtomulch (3'.10.7) P 5: WORK DAYS 15 BID NO. 1132 West Oak Street Sidewalk PO NO. n BID TABULATION SHEET' ITEM DESCRIPTION QUANTITY UNIT UNIT'PRICE TOTAL I I I I i 8.3-A 14• Concrete Sidewalk I 850 I SY I $ / °J/SY I / 30E)°s i Contractor's Warranties I I I I 1.21 I and understandings F I LS I 41075- /LS I $ / 075°9 I 3.10.7 I Hydromulch. 1 T 500 1 SY` I S' 25 / Sy I t 375-°0 I . 6. I: 1 1 3.9.3 1 St. Augustine Sod I 150` I Sy I' 3.2a /SY I .lg0~ 8.15-A i Concrete Rip Rap, I 10 I f 3 2 I$ 2 70 SY 79~/5-Y 1, 1 I. I I TOTAL I` P I $ I$! Z. 12L:- I I I I / I$ 3.10.3, I I ( I I I I- F I I I Seeding. f V-,500- I Sy. P 70 /SY I $ / nSOS I Is I> I . 1 I Is L 1 I I I. 6 I. I. I I' I I $ / I g I: I: I I I I I I $ I $ I I 1 1 I I 1 I g I$ I I; I I. I I I $ 1 $ I, I> I 1- 1 1 $ I I. I. I I I 1,. I b L• 1, 6 . I $ / I $ 1= _ I: I 1 I h I I $ I$ 1 I I I I 1 I I I / I I I I I 1 This.item.may replace item 3.10:7 (Hydromulch) P• 9_ - BID# 1132 BID SUMMARY TOTAL ID PRICE IN: WORDS' /r y ✓ e P vi '1"S 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 certif'ies•that.the bid prices contained- in this, proposal.. haves been carefully, checkedP 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:. N R OR By ~ o zo !~F /:cb ~ ~ fir; r/e Street Address; o Qtr 7 1,O city an : Sta'te' 'S'eal. &"r Authorization: jlf 'aa, Corporation) / 73 ~1 25~/ e ep one B 1 BID# 1132 BID. SUMMARY s 1.. West Oak. Street Work.Days Bid Paving, and Drainage 60 $ 3h12 pyrr[,35 (B" Asphalt) West Oak Street 15 Sidewalk $ z SOO G° TOTAL 75: $39.~3s 2. West Oak.Street Paving and Drainage 60: (6"Concrete) West Oak Street 15 $ Sidewalk TOTAL . 75 $ B. 2.