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1988-1790923L NO 22 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 construct on o public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications attached hereto are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 9901 Trees, Inc $134,950 00 9899 Atkins Brothers Equipment Company 29,917 12 SECTION II That the acceptance and approval of the above compet t ve s shall not constitute a contract between the city and the person submitting the bid for construction of such publiclworks or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute a 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 DATE NOVEMBER 1, 1988 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID# 9901 TREE TRIMMING FOR ELECTRIC LINES RECOMMENDATION we recommend this bid be awarded to the lowest bidder, Trees, Inc Amount of contract not to exceed $134,950 00 SUMMARY This bid is for the annual service of trimming trees in and around overhead electric power easements The price is per foot and the easements are classified as open, an area that can be worked from a bucket truck, closed, an area where hand climbing is required and combination which is self explanatory This service will provide a four (4) foot clearance around the designated power lines BACKGROUND Tabulation Sheet PROGRAMS DEPARTMENT OR GROUPS AFFECTED Electric Distribution Overhead Services FISCAL IMPACT 1988/89 Budget Funds, Account #610-080-0250-8338 Respec lly FbCity Manager Prepared b mes o n J Marshall itles Purchasing Agent rove CC-Q ame ohn J Marshall Title: Purchasing Agent bid9901 doc a n m a 1 al. I 1 i si ni of ~II r.i ofi g1 bl Iv 1 ly 1 i a -11 pY• f 1 ml -I n n o 1 1 1 /n 1 -1 1 ~)I 3 m r z i i Oi tii ` i Rf al C m i rsf ~ I NI ~I ~1 qaq++ 1 ~ a ~-ry1 S 1 I N I y 1 i' r-~1 rf 1' ~ ~ 1 I Cf 1 yl I ~1 m ~ m 1 ! I 1 O 1 I t ff L .O mi v i i 1 n1 i i i 1 rf i I I 1 ~ - 1 1 1 I 1 " " i z 1 Y~f m o rfm U YJ1 O YJI 1 °o i mo I na 1 IT S I M N r r I T I d N U N fJ I I U UI YJI 6 1 ..ZQI I i' n ul ca i o i -a a 1 1 c m 2?-/ 79 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 2 day of NOVEMBER A.D., 1988, by and between THE CITY OF DENTON TEXAS 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 TREES, INC., P.O. BOX 38038, HOUSTON, TEXAS 77238 of the City of HOUSTON County of HARRIS 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# 9901 TREE TRIMMING FOR MISCELLANEOUS ELECTRICAL LINES 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 0044b written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON , all of which are made a part hereof and collectively evidence and constitute the entire contract. 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. IN WITNESS WHEREOF, the parties of these presents have execut@d this agreement in the year and day first above written. ATTEST: Y r V4 Z '77 FATTEST' APPROVED AS TO FORM: City Attorney CA-2 0044b (SEAL) TREES. INC. Party of the Second Part, CONTRACTOR BY ~Cy~ XJ n i r ~~~5 /JE Title (SEAL) c' "A !4 . LLOYD V. HARRELL, CITY MANAGER INSURANCE The Contractor is fully responsible for all losses pertaining to, resulting from, or connected with the completion of this contract. The owners acceptance of a Certificate of .Insurance, that does not comply with the bid or contract documents, does not release the contractor or the insurance company from any liability, conditions or other requirements within the scope of this contract documents. It is the responsibility of the Contractor to send this complete insurance package to his insurance provider. This will enable the policies and the Certificate to include all requirements as they apply to the Contract documents. The Insurance Certificates must be returned to the City of Denton with the Contract documents for approval and execution. All Contract documents must be returned to the CITY Or DENTON, JOIN MARSHALL, PURCHASING AGENT, 901-H TEXAS STREET, DENTON, TEXAS 76201. CITY OF DENTON MINIMUM INSURANCE 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. 1. 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 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 Insurance Requirements page two To the extent that 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 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 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 Contactor. 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 01/13/87 Nov [7 '63 14:47 TREES INC. CERTIFICATE CITY OF DENTON Nrna and Addr"I er Agency McQueary Y Henry, Inc. 5222 FM 1960 'Jest, Suite 212 Houston, TX 77059 Phone 17131 823-Tana Name and Address of Insuridi Trees, Ind. P.O. Box 38038 Houston, TX 77238 Phone (7131 692-6371 4-1-89 City of Denton Refarenost Project Nemat Project Not Project Locatlant Managing neptt Cortpanlas Affording Coveraget A Argonaut Insurance Company B National union Fire Insur2aL C mnanY_ C This is to certify Mat policies of Insurance listed below bow been issued and are In foroa at this time. crwt..tren Limits of LIW Itty A. I Comprehensive General Liability X Occurrence CIaIas Mad. (ate 12-reverse) reed form to 11101144141 Pramises/Operations X Independent Contractors .X Products/Completed operations Personal Injury Contractual Liability (sea 11-reverse) Explosion and Collapse He=ard X Underground Regard .;Liquor LiablIIi Coverage Host Brroad Farm Property OW-4110 .X Professional Errors/Omissions occurrence claims made (see 12-reverse)' 40-477-- 719998 14-1-89 Bodily Injury ; Property Damage Doubly In Cayb nednd Property I 1,000 ~relwnalw Autmotioblie Bodily Injury/Person A rse~app ability 40-477- 4-1-89 Bodily Injury/Accident 7194.97_ S 40wriod/Lasted Atiaw lies Property Damage Non-owwd Automobiles Bodily Injury/Property Mired Automobiles Oamnge CarbInod :1,090 A I X- yeryera' COMA61~ and 140-477- Etrployars 719997 B nbl~~yrj~pe BE1319786 A X' Owners' Protective Policy 1~bjg5484 Amount 11,000 4-1-89 IS5M xs $111 11-8-89 $500 ipti n,of defined on osldeehicles. The City of Denton Is an additional Insured as Its Interest may on t ,pear as we and address of Certificate Helder. CM I• DER", 1ixfL4 P(Ai0NL w' AMC 901-13 1'EW SC DwiuN, TX 76201 11-7-88 5 EM EURCE fF fl2TA!T Z CN IT'Q? Cry A rrft'1;I4T_ CONDITIONS AMMCNAL INShWD: The City of Denton, its elected ad appointed officials, offices and employees. (This does not apply to Fkximr's CCnprenatian.) N<7= CF.CANMIMCN: Prig' to any material dnage or canoe ation, the City of Denton vnl he given 30 days advance written notice mailed to the stated address of the Certificate Holder, City of Denton. 1. CaMUCML CC(iF MME: (liabiIi.ty assured by oontract or agceemait, and would not ottnewise exist). The oontracbal liability r"quirenfnt sho6n on the reverse side of this Certificate of Instxwce under Comprehenshve fernaal fAnhility, must inchde a deflnitien of coverdtr- broad emvTh to Provide coverer for Cbligitias assured by the ornhrac.'tcr in the referenced Contract. This Certificate or Iroza noe is provided as required by the gave nirg Contract. 2- aAm mTE P(ZILY Fam. Regcired period of caved vile be determined by the foLladrg formula. Continnrs Cova-aW for the We of the cndiact, plus one year (to provide cove-dW for the warranty period), and a extended diseouey period for a minimm of 5 years which stall begin at the end of the warranty PM-IW- - 3. Fn E CE(IIL (ntrllLT . pieldn construction or alteration of to cover budidiW, contents egA mint with respect to p stnuchues if such dance is operations of the Contra tor. X 'DC)0. A In all Contracts that involve the ooaupaxy, Sty-awned or leased facilities). lrmxane is (where applicable) and permanently installed vpe-ty damege to stnucbnres or portions of cased by the peril of fire and due to the Limit of liability is to be a minimm of Q-4 PURCHASING DEPARTMENT City of Denton 901-B Texas St. Denton, Texas 76201 BID INVITATION CITY OF DENTON. TEXAS Date BID NUMBER SEPTEMBER 6, 1988 9901 Trees, Inc. P.O. Box 38038 Houston, Texas 77238 BID TITLE TREE TRIMMING FOR MISC. ELECTRICAL LINES Sealed bid proposals will be received until 2:00 p.m. SEPTEMBER 27, 1988 at the office of the Purchasing Agent, 901-0 Texas St., Denton, Texas 76201 I I. For additional Information contact JOHN J. MARSHALL, C.P.M. Tom D. SHAW, a P M. PURCHASING AGENT ASSIST. Office 817-566-8311 INSTRUCTIONS TO BIDDERS DIFW Metro 817-267-0042 1. So sled bid proposals must be received In duplicate, on this form, prior to opening date and time to be considered. Late proposals will be returned unopened. 2. Bids shall be plainly marked as to the bid number, name of the bid, and bid opening date on the outside of completely sealed envelope, and mailed or delivered to the Purchasing Department, City of Denton, 901-B Texas St., Denton. TX 76201. 3. Any submitted article deviating from the specifications must be Identified and have full descriptive data accompanying same, or It will not be considered. 4. - All materials are to be quoted FOB Denton, Texas, delivered to the floor of the warehouse, or as otherwise Indicated. 5.. The City of Denton, Texas reserves the right to accept separate Items In a bid unless this right Is denied by the bidder. 6. In case of default after bid acceptance, the City of Denton, Texas may at Its option hold the accepted bidder or contractor liable for any and all resultant Increased costs as a penalty for such default. 7. The City of Denton reserves the right to reject any and all bids, to waive all Informalitles and require that submitted bids remain In force for a sixty (60) day period after opening or until award Is made; whichever comes first. B. The quantities shown maybe approximate and could vary according to the requirements of the City of Denton throughout the contract period. 9. The Items are to be priced each net. (Packaging or shipping quantities will be considered.) 10. The Purchasing Department assumes responsibility for the correctness and clarity of this bid, and all Information and/or _ questions pertaining to this bid shall be directed to the City of Denton Purchasing Agent. 11. Any attempt to negotiate or give Information on the contents of this bid with the City of Denton or Its representatives prior to award shall be Bounds for disqualifications. 12. The conditions and terms of this bid will be considered when evaluating for award. 13. The City of Denton Is exempt from all sales and excise taxes. (Article 20.04-B) BID NUMBER 9901 BID PROPOSALS City of Denton, Texas 901.8 Texas 51.. n-#- Tnree 79201 Page 2 of 3 ICE AMOUNT DESCRIPTION OUAN. PR ITEM j. Tree trimming for miscellaneous electric lines in the City of Denton, Texas Approximately 50/mft A. Open Easement $ jQ per foc B. Closed Easement $ 1_25 per for C. Combines Open do Closed Easernent $ 1.05 per for NOTE: Work to be performed between December 1, 1988 and April 1, 1989, unless other- wise directed by Electric Utilities. Total expenditures will not exceed ($134,950.00) one hundred thirty four thousand,nine hundred fifty dollars. D. Trim down below telephone lines $_2,0 per foc (in addi tion to above A, B,C costs) * This cost for item D will be split 50150 with GTE and must be invoiced i to GTE, and . to City of Denton. TOTALS We quote the above f.o.b. delivered to Denton, Texas. Shipment can be made In days from receipt of order. Terms net/30 unless otherwise Indicated. In submitting the above bid, the vendor agrees that acceptance of any or all bid Items by the City of Denton, Texas within a reasonable period of time constitues a contract. The completed Bid Proposal must be properly priced, signed and returned. P.O. Box 38038 Melling Address Houston, TX 77238 City Stets ap 713/692-6371 Trees, Inc. Bidder Slgnetwe President TeleyMne Tlie BID NUMBER 9901 SPECIFICATIONS Page 3 of 3 Purchasing Department City of Denton, Texas GENERAL INFORIATION/SPECIFICATIONS: 1. Approximately 50,000 feet of line to be cleared. Measurement will be based on the actual number of feet of line cleared, 2. Work to be performed in 120 days between the dates specified. 3. All work will be assigned and coordinated by the Superintendent of Electric Distribution. 4. The contractor will furnish all manpower and equipment and be responsible for the disposal of all brush, limbs, chips, etc. 5. Successful bidder must provide the City of Denton a Certificate of Insurance Policy covering Workman's Compensation Automobile and Machinery Liability and Property Damage and Comprehensive General Liability. 6. Invoices will be honored and processed for payment.on a monthly basis. 7. The intent of this bid is to supply the City of Denton with a responsible contractor capable of properly clearing high voltage overhead electrical transmission and distribution lines under the direction of the City of Denton. DATE NOVEMBER 1, 1988 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID# 9899 LOOP 288 SANITARY SEWER CROSSING FOR STUART ROAD RECOMMENDATION We recommend this bid be awarded to the low bidder Atkins Brothers Equipment Company of Grand Prairie, Texas for the total amount of $29,917 12 SUMMARY This bid was advertised and sent to our listed vendors for this type project We sent out about 25 invitations to pick up plans and specifications We received five bids as shown on the tabulation sheet from a high of $48,071 00 to the low of $29,917 12, with two bids in the $30,000 00 range BACKGROUND Tabulation Sheet, Memo Jerry Clark and Utility Agenda Approval PROGRAMS, DEPARTMENT OR GROUPS AFFECTED Extension of Loop 288 Departments Utilities and Public Works FISCAL IMPACT There is no additional impact on the General Fund Respec ul/l/y submitted v Llo V Harrell City Manager je ar b ohn J Mal tle Purchasing Agent P am J h J Marshal Title Purchasing Agent bid9899 doc I AI 1 ¢ I O 41 I m _ ~ I l G r+ I 4F I G { yI MF 1 I 7'1 GI HI _ I -11 1 I -1 I r _ _ _ _ _ _ " " i i i i I" i ~ I ~ I I I I ; I 1 i i _ _ _ _ ~ _ y _ I- - i 1 i 1 i 1 r I [ ~ •O p p 1 1 I 1 T 1 'V I ~ 1 b m a r I I I i I i ~ I ~I i i i mi a ~ ~ l 'O ° i i I w m `-i 1 i m ~ I i I i NI I ~ i ul m r ' i i i i r~ i of s -i ~ i m ~i vii . i i ~ 1 i 1 i 1 1 i mI O ~ I I I I i is i i i 1 I I a 1 1 ~ I 1 I I p I 1 I l I _ I ~ x~ S .p. I C -1 - y W j ~ I Z~ C ~ a ~ I I Z rn I 1 ^ I 1 ' ..G ~ I IrT I y m + ~ 'O S Gl I C] ~ I ~ O n ~ i ~ _ uhf ; 1 I 1 ~ 1 Y r~i* I x i ~ ~o ul u> +1 a o I I s m m i s ~o I I l m Yn I 1 _ _ _ _ n _ _ _ _ _ _ _ 1 m i i9 ~ i s +t m 4 I 1 C 1 1 E ~ 1 1 R] O I I i ~ _ _ _ __I _ _ I_ _ ~ _ _ _ _ _ _ _ _ _ _ _ N 1 1 1 I 1 O m i ~ i ~ f1 m w i o i ~ ~ o i _ _ I _ I.. 11;~o October 19, 1988 PUBLIC UTILITIES BOARD AGENDA ITEM TO CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD FROM k E Nelson, Executive Director of Utilities SUBJ CONSIDER BID OPENING #9899-LOOP 288 SEWER CROSSING FOR STUART ROAD SUMMARY The Water /Wastewater Engineering Division and the Public Works Engineering Division recommend approval of Bid Opening #9899, and award of bid to the Lowest qualified bidder, Atkins Bros Equipment Co , Inc , in the amount of $29,917 12 SUMMARY Bids were opened September 22, 1988 Results are shown on Exhibit I BACKGROUND To accommodate the State Highway Department in extending Loop 288 from Stuart Rd , to I-35, an existing sanitary sewer force main was extended and encased to meet the proposed grades This project will complete the encasements for this section of the Loop Water main casings were bid and awarded earlier and should be complete by the end of October PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED City of Denton, Denton Municipal Utilities, Public Works, Adkins Bros , and the citizens 6088U 12 FISCAL IMPACT FY 88 CIP Bond Funds- Replace Sewer Line Street Program $37,000 00 Contract Amount $29,917 12 Balance Available for FY 88 $ 7,082 88 Source of Funds 624-008-0471-9114- Sewer Collection Bonds Respectfully submitted, T-- Nelson, Executive Director Department of Utilities Prepared Renee Baker, Engineering Associat~- Approved C David Ham, P E Director Water/Wastewater Divisions Exhibit I Bid Summary II Engineering Recommendation III Project Location 6088U 13 BID OPENING #9899 SEPT 22, 1988 BID SUMMARY LOOP 288 SANITARY SEVER CROSSI NS AT STUART ROAD ITEM CONTRACTOR/ BID NO OFFICE AMOUNT I John Burns $44,063 00 Const Co Dallas 2 M E Hicks 147,388 IB Equipt Co , Inc Plano 3 Atkins Bros 129,917 12 Utility Contractors, Inc 6 P T 4 Terbucsh 148,071 00 Excavating Co Lewisville 9 Dickerson $30 803 00 Const , Inc Denton BOND DAYS yes 7 yes 7 yes 7 yes yes RECEIVED OCT 1 1 1988 CITY of DENTON, TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 76201 /TELEPHONE (817) 566 8100 MEMORANDUM DATE October 10, 1988 TO John Marshall, Purchasing Agent FROM Jerry Clark, City Engineer SUBJECT Bid No 9899 - Stuart Road Force Main The Engineering Division has evaluated the bids submitted by Atkins Brothers Construction for the project The bids seem to be reasonable but not exceptionally good However, due to the urgency of this project, we recommend that the low bid of $29,917 12 be awarded to Atkins Brothers Construction Please schedule this for your next Public Utility Board meeting to enable us to get the final element of utility relocation for Loop 288 project from Sherman to 135 out of the way The State can then complete their work at the earliest possible date cccx' er y a 0596E \ NII of II MMAM Mk" O 4 0 s c ~ II PROJE+CT_ LOCATION ILI i It TM111._ VILLAY i Wilmm v ~ O ' rm mVi ZI~ i i 1 I Z Z EMBIr III ftt#" MW v owl CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON § THIS AGREEMENT, made and entered into this ~g 1796-~ 2 day of NOVEMBER A.D., 19 88, by and between THE CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL. CITY MANAGER thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and THE ATKINS BROTHERS EQUIPMENT COMPANY. 918 W. MARSHALL. GRAND PRAIRIE. TEXAS 7 051 of the City of GRAND PRAIRIE , County of DALLAS 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: BID1 9899 LOOP 288 SANITARY SEWER CROSSING AT STEWART ROAD P.O.1 0"Po /7 $29.917.12 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 written explanatory matter thereof, and the Specifications therefore,as prepared by THE CITY OF DENTON ENGINEERING STAFF a o which are made a part hereof and collectively evidence and constitute the entire contract. CA - 1 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 tim.: 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 ana Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year ana aay first above written. AT EST: (SEAL) ATTEST: ATKINS BROTHERS EOUIPMENT COMPANY Party of the Second Part, CONTRA T R ByTitle (SEAL) APPROVED AS TO FORM: City Attorney CA - 2 PERFORMANCE BOND STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That ATKINS BROTHERS EDUIPMMT COMPANY, INC. of the City of GRAND PRAIRIE County of DALLAS , and State of TEXAS as principal, and WEST AMERICAN INSURANCE COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF DENTON, TEXAS , in the penal sum of TWENTY NINE THOUSAND NINE HUNDRED SEVENTEEN AND 12/100DOllars 29,917.12 ) 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 City of Denton, dated the 2 day of NOVEMBER , 19 88 , 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 faithfully perform said contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by 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 - 1 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 2ND day of NOVEMBER 19 88 ATKINS BROTHERS EQUIPbENT COMPANY, INC. WEST AMERICAN INSURANCE COMPANY PRINCIPAL SURETY By /G?G'- L7iL~ Title PRESIDENT Address: 918 W. MARSHALL GRAND PRAIRIE. TX. 75051 Title ATTORNEY-IN-FACT " Address: 9401 LBJ FRWY. #304 DALLAS, TX. 72543 The name and address of the Resident Agent of Surety is: TvATSON AGENCY 9401 LBJ FRWY. #304 DALLAS, TX. 75243 PB - 2 CERTIFIED COPY OF POWER OF ATTORNEY WEST AMERICAN INSURANCE COMPANY ADMINISTRATIVE OFFICE, HAMILTON, OHIO No. 369 XUVW All Mptt lig 0149119 FrPorlifti: That WEST AMERICAN INSURANCE COMPANY, in pursuance of authority granted by Article VI, Section 1 of the By-Laws of said Company, does hereby nominate, constitute and appoint: - - of Dallas, Texas - - - - - - - Ray Watson or Fonda Watson - - - - - - - - - - its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance y I _ _ - (x6,000,000.00 - Dollars, ezcl-udMng~YION er, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. \11111.11w % IPSp " IN WITNESS WHEREOF, the undersigned officer of the said West Amerman p2 p , Po « a Insurance Company has hereunto subscribed his nam"e,and affixed the Corporate Seal of the ^ _AN'°° QM: = }r said West American Insurance Company this of F r arry„tg 88• t a 1923 0'9= / -J/U/(1// ~^c / 'v ? . mun 1 Asst. Secretary STATE OF OHIO, } SS . COUNTY OF BUTLER On this 8th day of February A. D. 19 88 before a Notary Public the subscriber of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came , & Hili~ebtglgl Thong e t e indl t o AS~t. S%,cretarfy - - - - of WEST AMERICAN INSURANCE COMPANY. to me vidue and o icer dese ibed in, and who executed the preceding instrument, and he acknow- , o wn persona y n ledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company ent is the Corporate Seal of said Company, and the said Corporate t i I rum ng ns aforesaid, and that the seal affixed to the preced Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official "\\111111~~1iiljr~ ~~S Seal at the City of Hamilton, State of Ohio, the day and year first above written. f!~~ tea (signed) ,r do, otary Public in and f~ ounty o Butler, State of Ohio 0 l....~$ ao~ HlntiA` My Commission expl s December.. 25, .199.1.. This power of attorney is granted under and by authority of Article VI, Section 1 of the By-Laws of the Company. extracts from which read: ARTICLE VI SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board, the President, any Vice President, a Secretary, or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as a resident Vice President or a resident Assistant Secretary, or to appoint attorneys in fact for the purpose of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of surety-ship or guarantee, and pol- icies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America, or to any other political sub- division. This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on April 24, 1980. RESOLVED, That the signature of any officer of the Company authorized by Article VI, Section I, of the By-Laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid ,,,......he r:mmnanv with the same force and effect as though manually affixed. CERTIFICATE I, the undersigned Assistant Secretary of West American Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 1 of the by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this date. - IN WITNESS WHEREOF,I have hereunto set my hand and the seal a `py 1 RSUR il~t0 9.".r"s v' ?Wi\i 1923 ,e S-4300-C 8-80 of the Company this /day of/,~, A. D., 196 Assistant Secretary PAYMENT BOND STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That ATKINS BROTHERS EQUIPMENT COMPANY, INC. of the City of GRAND PRAIRIE County of DALLAS , and the State of TEXAS as Principal, and WEST AMERICAN INSURANCE COMPANY authorized under the laws of the State of Texas to act as Surety on bonds for principals, are held and firmly bound unto The City of Denton, Texas, in the penal sum of TWENTY NINE THOUSAND NINE HUNDRED SEVENTEEN & Dollars 29,917.12 ) 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 City of Denton, dated the 2 day of NOVEMBER 19, 88 , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 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. PH - 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 WITNESS WHEREOF, the signed and sealed this of November 19 38 said Principal and instrument this Surety have 2ND day ATKTNS BR[_Y ER. EQUIPMENT COMPANY, INC PRINCIPAL By2 ~ Title PRESIDENT Address: 918 W. Marshall Grand Prairie, Tx. 75051 Dallas, Tx. 75243 The name and address of the Resident Agent of Surety is: WATSON AGINCY 9401 W F wy. # 304 Dallas, Tx. 75243 WEST AMERICAN INSURANCE COMPANY SURETY By Title R=K,7,Y-JN-FACT Address: 9401 TaE+T Frwy. # 304 PB - 4 CERTIFIED COPY OF POWER OF ATTORNEY WEST AMERICAN INSURANCE COMPANY ADMINISTRATIVE OFFICE, HAMILTON, OHIO No. 369 Inpm All Men bg 04roP FYCSPliteec That WEST AMERICAN INSURANCE COMPANY, in pursuance of authority granted by Article Vl, Section 1 of the By-Laws of said Company, does hereby nominate, constitute and appoint: Ray Watson or Fonda Watson - - - - - - - - - - - - Of Dallas, Texas - - - - - - - its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance yy II - - (s6'000,000.00 - Dollars. exclLArg'_ tQwever, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. a:,7 2F 1923 0< :3;'`rr in Ott\t `tea STATE OF OHIO, t COUNTY OF BUTLER J IN WITNESS WHEREOF, the undersigned officer of the said West American Insurance Company has hereunto subscribed his name land affixed the Corporate Seal of the said West American Insurance Company this/ t-" vv oft F r ary~t 19 88. i j , Asst. Secretary SS. On this 8th day of February A. D. 19 88 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Thom a~~S & Hili~ebtggd Asst. Sg,Cretar~y - - - - of WEST AMERICAN INSURANCE COMPANY. to me persona y nown to e t e indlvidua and o Icer desc Ibed in, and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. `\'4101„1i,,,,1lt1, IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official '\.a0tµ\u`'ilstyre+~ Seal at the City of Hamilton, State of Ohio, the day and year first above written. (signed) ~l o Notary Public in jee, ounty o Butler, State of Ohio es®n+ M Commission December .2c5., • 199.1. . Grrraala11614\\~\ Y This power of attorney is granted under and by authority of Article VI, Section 1 of the By-Laws of the Company, extracts from which read: ARTICLE VI SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board, the President, any Vice President, a Secretary, or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as a resident Vice President or a resident Assistant Secretary, or to appoint attorneys in fact for the purpose of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of surety-ship or guarantee, and pol- icies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of any county or state. or the United States of America, or to any other political sub- division. This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on April 24, 1990. RESOLVED, That the signature of any officer of the Company authorized by Article VI, Section 1, of the By-Laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE I, the undersigned Assistant Secretary of West American Insurance Company, do hereby certify, that the foregoing power of attorney. Article VI Section 1 of the by-laws of the Company and the above Resolution of its Board of Directors are tru-e/ and correct copies and are in full force and effect on this date. M/ IN WITNESS WHEREOF,I have hereunto set my hand and °~~~PM ~.M Upgy'+. 3iy'.'pe.F0A4 ` f 4 = e'. _.`•'z 1923 a'e= 111.11111.10 S-4300-C 6-80 the seal of the Company this day A. D., 19~ Assistant Secretary MAINTENANCE BOND THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN ,Y THESE PRESENTS: That ATKINS BROTHERS EQUIPMENT COMPANY, INC. as Principal, and WEST AMERICAN INSURANCE CCMPANY 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 TWO THOUSAND NINE HUNDRED NINETY ONE 2 91.7t the said sum being ten (108) percent of the total amount of the hereinafter mentioned contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, the principal has entered into a written contract with the said City of Denton to build and construct BID #9899 LOOP 288 SANITARY SEWER CROSSING AT STEinTART RD, 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 incor- porated herein by reference and made a part hereof as though the same were written and set out in full herein; NOW, THEREFORE, if the Principal shall well, truly, an faithfully maintain and keep in good repair the work contracted to be done and performed for a period of one (1) year from the date of acceptance in writing by the City of Denton and do all necessary work and repair of any defective conditions growing out of or arising from the improper work of the same, including, but not limited to, any settling, breaking, cracking or other MB - 1 defective condition of any of the work or part thereof arising from improper excavation, backfilling, compacting or any other cause or condition, known or unknown, at any time allring the period of this bond, which the city engineer, whose judgment shall be final and conclusive, determines to be the result of defective work, materials or labor; then this obligation shall be void, otherwise to remain in full force and effect. In case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the work as determined herein, it is agreed that the City may do said work and supply such materials as necessary and charge the sum against the said Principal and Surety on this obligation. It is further agreed that this obligation shall be continued 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. Provided, further, that if legal action be filed on this bond, venue shall lie in Denton County. IN WITNESS WHEREOF, this instrument is executed in duplicate, each one of which shall be deemed an original, this the 2ND day of NOVEMER , A.D., 15 88 SURETY WEST AMUCAN INSURANCE CCIVANY BY: ~GL T~t -e ATTORNEY-IN-FACT PRINCIPAL ATEINS BROTHERS EQUIPM= COMPANY, INC. BY: Tit e PRESIDENT- MB - 2 CERTIFIED COPY OF POWER OF ATTORNEY WEST AMERICAN INSURANCE COMPANY ADMINISTRATIVE OFFICE, HAMILTON, OHIO No. 369 IKUOW All APlt by XfIrOC prrorti0: That WEST AMERICAN INSURANCE COMPANY, in pursuance of authority granted by Article VI, Section 1 of the By-Laws of said Company, does hereby nominate, constitute and appoint: Ray Watson or Fonda Watson - - - - - - - - - - - - of Dallas, Texas - - - - - - - its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance yyudiM _ _ _ _ _ _ _ -a _ (66,000,000.00 - Dollars. exclng, o0wever, any bond(s) or undrtaking(s)-g uaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company. as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact A4.. t IN WITNESS WHEREOF, the undersigned officer of the said West American , mo a WP:'PPOy•y~„~;'s and affixed the Corporate Seal of the e m Insurance Company has hereunto subscribed his na r ary/f 19 88. said West American Insurance Company this t ~ ~ 1923 ot9_ / / / w wha %"4ir4Ri~~•.ao• Asst. Secretary STATE OF OHIO. } SS. COUNTY OF BUTLER On this 8th day of February A. D. 19 88 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Thoffig Hilt eb>hal7d Asst. Secretaryy - - - - of WEST AMERICAN INSURANCE COMPANY. to me and he acknow- nd who executed the preceding instrument b d i d person a y nown to e t e ind) , n, a e esc ( vidua and o lcer f h C ompany t e ledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer o receding Instrument is the Corporate Seal of said Company, and the said Corporate ed to the ff l h p ix e sea a aforesaid, and that t nd subscribed to the said instrument by the authority and direction of the ffi d d l Seal and his signature as officer xe a were u y a said Corporation. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official aainnuuu,~ 'o"`,sut st % 4 g Seal at the City of Hamilton, State of Ohio, the day and year first above written. . 4 . 0 g i ? (signed) * y al) ! r ' . Not Public in and f r ounty o Butler, State of Ohio ~to`` ~py~ a~xtW My Commission expl' s December..25.r .199.1.. a' 1~ This power of attorney is granted under and by authority of Article VI, Section 1 of the By-Laws of the Company, extracts from which read: ARTICLE VI SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board, the President, any Vice President, a Secretary, or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as a resident Vice President or a resident Assistant Secretary, or to appoint attorneys in fact for the purpose of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of surety-ship or guarantee, and pol- icies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America, or to any other political sub- division. This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on April 24, 1980. RESOLVED, That the signature of any officer of the Company authorized by Article VI, Section I, of the By-Laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE 1, the undersigned Assistant Secretary of West American Insurance Company, do hereby certify that the foregoing power of attorney, Article Vi Section 1 of the by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto sat my hand and the seal of the Company this day A. D.. 19( Q•POy .oar.; =ms's 1923 t ~nFNO•• S.4300-C 6-80 Assistant Secretary CEI(T I F I CATE OF 14sURAAY.E CITY OF DENTON Name and Address of Agency City of Denton References Boley-Featherston-Huffman'& Deal Project Names Loon 288. Sanitary Sewer P. 0. Drawer 10 Project Nos Crossing at Stewart Road. idle --9899 Wichita Falls. TX 76307 Phone 817-723-7 111 Project Locations Loon 288 @ Stewart Rd ~ Managing D•ptt Lloyd Harrell, City Manager Naar and Address of Insureds Atkins -Bros:=Eaiiipmerit' Co - A 13itnminni,c°(acnal7 Cbr t~ ~ - y pora on 918 W. Marshall g Grand Prairie, TX 75051 Phone 214-647-8890- C: - This is to certify that policies of insurance listed below have ben issued and are In force at this time. Cxnspany Letter Type of Insurance - Expi of 'POIT Humber Dateton - In (Thousands (000--~-,- - A C "ab6 - formal Liabl Ilty x Occurrence CLP2026293 5-30-89 " Occurre, - Claims Made (se i2-reverse) Bodily Injury - Broad fort to Includes Premises/Operations - Property Damage - S - - - x Independent Contractors _ - -X Products/Completed Operations - - Bodily Injury and Property . -xPersonai Injury - - - -X Contractual Liability (se #1 -reverse) - - Damage ConbInod $ xExploston and Collapse Hazard - x Underground Hazard - - T - 000 • , General-Aggregate $2, -xltquor Liability Coverage Products/Completed Ope $2,000 -xFire Legal Liability (se ;S-reverse) Broad Form Property Damage Each Occurrence $1,000 Personal Tniurv $1.000 RKdCfk}E3Cfldfs6zX1 rX{~/Ly{iX76 X 1 Fire Damage 50 XX&Y:YK& 6"XXX X7EXdC1}~YditX 6~6#3[XG#lf3[{Di1F3CY! - Medical Expense 5 Comprehensive Autonnbtt• LlaDlllty CAP1761002 5-30-89 lodlIV Injury/Person $ - - Bodily Injury/Accident _ A ~owed/Lesed Automobl to Property Damage j Hon-ownad Automobiles XHired Automobiles Bodily Injury/Property - Damage Cambi red $ 750 - Yorkers' Compensation and To B Issued Dire t By Statutory Mount Emplovwse Llablllty TWCA - - ease stet f ottw Insurance A X- Umbrella CUP1780733 5-30-89 $2,000 Description of operatlons/Laeatlons/Vehlcles. The City of Denton Is an additional insured as Its Interest may appear as defined an the reverse side. This certificate does not amend extend or alter the covert afforded by the policies above.and insurance afforded by the poiicies_ ,.described-is-,.subject all of the terms, exclusions and conditions of such policies. Haar and address of Certificate Folder. CITY OF OFUTON, TEXAS PURCHASING AGENT 901-8 TEXAS ST. DENTON, TEXAS 76201 00451 Cl - 3 N2pp" 9, 1988 ilk SEE BALANCE OF CONDITICNS ON PAGE CI-4 ATTACHED. gEorgalln7ill f • 11 ISSUE DATE (MM/DD/YY) k, lei 41: 1 fUe; 1 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER COMPANY BINDER NO. 73(:)L..G'f;P'lulrllli.:fi: rt:Jtd,l-UFI i'it`i~.l,r}I:.(IL.. B:iA',UITI:LTI0U5 4.)01)' (.).1) I)WER I(D EFFECTIVE DATE TIME EXPIRATION DATE TIME ki I C: FIT I f) I- A I... L...) ; ..i. ..f l'' f AM X 12:01 AM I 'i I-j / ac1 PM 12 t8' 2 NOON THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY NO.: CODE SUB-CODE DESCRIPTION OF OPERATIONSIVEHICLES/PROPERTY (INCLUDING LOCATION) 1"AN:CTARY a•F:::6dF:i:F: INSURED F,()AD AND L t:) ..C)I' w'rF::4lfil'''r Ci t-1Y of )'J 171'1'I',OYI T i t llc)n, Ix i - TYPE OF INSURANCE COVERAGES/FORMS AMOUNT DEDUCTIBLE COINSURANCE PROPERTY CAUSES OF LOSS BASIC =BROAD SPECIAL GEN ERAL LIABILITY GENERAL AGGREGATE $ !•.i 0 COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ aANS N ~aaPR . PERSONAL & ADVERTISING INJURY $ r OWNER'S & CONTRACTORS EACH OCCURRENCE $ r';:', 0 PROTECTIVE FIRE DAMAGE (ANY ONE FIRE) $ RETRO DATE FOR CLAIMS MADE: MEDICAL EXPENSE (ANY ONE PERSON) $ AUT OMOBILE ALL VEHICLES SCHEDULED VEHICLES GEL $ Ta=m LIABILITY 81 PERS/ACCID $ NONIOWNED PD HIRED MED PAY $ GARAGE PIP $ UM IS AUTO PHYSICAL DAMAGE ALL VEHICLES SCHEDULED VEHICLES ACV COLLISION DED: STATED AMOUNT $ OTC DED. OTHER EXCESS LIABILITY EACH OCCURRENCE AGGREGATE SELF-INSURED RETENTION UMBRELLA FORM OTHER THAN UMBRELLA FORM PETRO DATE FOR CLAIMSMADE: STATUTORY • WORKER'S COMPENSATION (EACH ACCIDENT) $ AND EMPLOYERS' LIABILITY - $ (DISEASE-POLICY LIMIT - $ (DISEASE EACH EMPLOYEE) SPECIAL CONDITIONS/RESTRICTIONS/OTHER COVERAGES Q h t:(11:L 17171 F` Y'1'C MORTGAGEE ADDITIONAL INSURED i' S:It t l LOSS PAYEE C1OWT RA(.: ((.)F? A N# Lr I 1 I I F, :I. I- :L , F S: 7!.J I J H EN TATIV AUT Gt2 /5 4 l CITY OF DENTON PURCHASING DEPARTMENT DATE: SEPTEMBER 27, 1988 BID NUMBER: 9899 BID TITLE: LOOP 288 SANITARY SEWER CROSSING FOR STUART ROAD Sealed Bid Proposals will be received until 2:00 p.m. SEPTEMBER 27, 1988 at the Office of the Purchasing Agent 901-8 Texas Street, Denton, Texas 76201-422T- BIDDER NAME: ADDRESS: John J. Marshall, C.P.M. Purchasing Agent (817) 566-8311 INSTRUCTIONS TO BIDDERS 1. Sealed bid proposals must be received in duplicate. on this form, prior to opening date and time to be considered, late proposals will be returned unopened. 2. Bids shall be plainly marked as to the bid number. name of the bid. and bid opening date on the outside of completely sealed envelope. and mailed or delivered to the Purchasing Department. City of Denton. 901 •8 Texas St.. Denton. TX 76201 3. Any submitted article deviating from the specifications must be identified and have full descriptive data accompanying same, or it will not be considered. a. All materials are to be quoted P08 Denton. Texas, delivered to the floor of the warehouse, or as otherwise indicated. 5. The City of Denton, Texas reserves the right to accept separate items in a bid unless this right is denied by the bidder. 8. In case of default after bid acceptance, the City of Denton. Texas may at its option held the accepled bidder or contractor liable for any and all resultant increased costs as a penalty for such default. 7. The City of Denton reserves the right to reject any and all bids, to waive all informalities and require that submitted bids remain in force for a sixty (80) day period after opening or until award is made: whichever comes first. & The quantities shown maybe approximate and could vary according to the reduirements of the City of Denton throughout the contract period. The items are to be priced each net. (Packaging or shipping quantities will be considered.) 10. The Purchasing Department assumes responsibility for the correctness and clarity of this bid. and all information and/or questions pertaining to this bid shall be directed to the City of Denton Purchasing Agent. 11. Any attempt to negotiate or give information on the contents of this bid with the Clty of Denton or its representatives prior to award shall be gounds for disqualifications. 12. The conditions and terms of this bid will be considered when evaluating for award. 13. The City of Denton is exempt from all sales and excise taxes. (Article 20.048) rq i` ~11`p ~,~v 1 ~98Q P- IACITY OF DENTON PURCHASING DEPT. BID # 9899 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF LOOP 288 SANITARY SEWER CROSSING - STUART ROAD IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed herein and according to the requirements of the City as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed in full within the number of work days shown on the bid tabulation sheet. P - 1 Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject" any and all bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans _and specifications, for the following sum or prices, to wit: p - 2 BID NO. 78%Y Loop 288 Sanitary Sewer Crossing - Stuart Road PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL I Contractor's Warranties I I I ~i I 9 1.21 I and Understandings I I LS 1 S 1$ 2o 1 1 8" Ductile Iron I I I 2 I 2.12.8 1 sanitation Sewer Pipe I 552 1 LF 1 VP /LF 3 1 I I I i ~ I o 5.7 1 Asphalt Patch Type D I 60 1 TON I -/TON I $ 7/ $ 640 3Ua I I I 1 I oB 7.6 I Concrete Manhole I 1 I EA I $ 5'7F~''-'7EA I $ 97-3 o, I Barricades, Warning Signsl I -A ne...,.~ I I I I T.R I ~~}'~n 4 z.S7S,%LR I 1 .1 2616 I I I I 9 ~a 1 00 SP-10 I Rock Excavation I 50 I CY I S I /CY I$ Scr-' I 1 16' Steel Casing I I I 641 SP-19 1 (Gage 10) I 306 i LF I $ /LF I Abandon Existing I I I 1- SP-23 I Sanitary Sewer I 2 I EA I $ Z2u /EA I $ y~g SP-39 I Project Sign I 1 1 EA I 3-Z)4CI /EA 1 I i I I I 1 I I I I I I I I I 1 1 I I TOTAL 1$ 29 I I i I I '1.dg4 9NISVHounci P - 3 TOTAL BID/f 7x19 BID SUMMARY 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 BY :fen ~"Sr"iir)i~ r d.2 . Street Address ~~N tiff &1_9 ~D- City and State Seal & Authorization (If a Corporation) Telephone J% P - 4 t 3 i ' t I i 1 _ _ ~ L