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1988-0640923L NO &-O(py 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 9811 Jay Mar Corporation $65,789 00 9843 Tenbusch Excavating $40,717 00 SECTION II That the acceptance and approval of the above competitive -bUs shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid 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 compet t~Ms 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 imme iately upon its passage and approval PASSED AND APPROVED this the day of , 1988 Ci STEPH S, MAYOR ATTEST JJ NWALTERS, U.LTY SECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY PAGE TWO DATE April 5, 1988 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID #9811 Installation of High Service Pump #6 RECOMMENDATION We recommend this bid be awarded to the lowest qualified bidder Jay Mar Corporation of Denton for the total amount of $65,789 00 SUMMARY This was a very popular bid It was sent contractors and we received bid proposals Two of the eleven did not qualify as they or completion time on their bid We then which Jay Mar is the low bidder It was importance of the completion time to some twenty prospective from eleven contractors did not state the delivery considered only nine of stated in the bid the BACKGROUND Tabulation Sheet letter from Freeze and Nichols consulting Engineers and a copy of a memo from Executive Director of Utilities PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED FISCAL IMPACT Water Bond Funds 623-008-0460-9106 There is no additional impact on the General Fund Respect ly/s/ubmitte v Lloyd V Harrell City Manager Prepared by f ~eme J~o21n/J ` Marshall, C P M c tle Purchasing Agent Approved y ALE ame ohn J Marshall, C P M Title Purchasing Agent G r I 1 n 1 m 1 O I 1 yY I o I a I I I I I 1 C 1 al m I OI ^ I tiF 1 I 1 ~I I 1 I 1 MYI I ml I I I 1 I i i I ~ I 1 r 1 i I I 1 I 1 I I I I I I I I I I 1 I I 1 I I - - i i i 1 I T I ^-~1 S I 'w $ 1 I 1 Se 1 ^ 1 x 1 I I x^ I 1 r I I 'O I a I IJ] 1 r r 1 I 1 ' I m I y I 1 13] 1 I 1J I C! -1 I I p` 1 I 'C 1 m 1 -1 I I N I I r °x i z I c i i m i m i i of ` i i C I i Q n i rn o 9 1 c i S x Z S' I 1 I N 1 O` I 1 I 1 s l r l 1 1 I I Z• 1 1 1 I 1 til 1 I 1 1 I 1 1 1 1 oI 1 I ~ O m m m I I 1 1 1 ` I ~ v a i m i ~ ~ r m i m o s IT I i 1 ~-0 ~ I 1 N ~ I I m i i '~nr p i m N g x 1 1 1 - I I 1 m m - i ~ s° pa m I c 1 m r O m~ y m I I a ~ 1 $ I H ~ ~ 1 1 1 1 m pi 1 I a I 1 I I 1 I O a '-0 p• 1 c I n m z V D m m i a i m m c r n g m i i i s r I I 1 I m p 1 6 1 I b 1 m m N m m 1 p i 1 S I ® I I ~ - - - - - - I I I I r p I G I jT s i Z i a G n y I G I a m > I o I r I I - I I I I Q Z V I w n m I T x' z o m i o i o ~ I Z) I ti y I I I I O A y I n I I 9 T IT m P I < I L r i ~ i v t m v s m 4[ m m i Go i s m -a A a .C I I I I > i I m nl - I I A a m ® i o i z n o ~ I A I n ~ I - I I I I Z i i i m 9 p m n x T hl 1 O m'" ~ ~ ~ I o I I A I f o m 1y 1g I I I I m I I - i c m ~ I 4 i A ~ m y A ~ ~ 1 m I Z C ® ~ I I Freese AND Nlchols INC CONSULTING ENGINEERS January 22, 1988 Mr C David Ham, P E Director of Water and Wastewater Utilities Service Center/Warehouse 901-A Texas Street Denton, Texas 76201 G MORRISON FE PALMER FL PENCE ►E )15ON ►E GArns ONES PE C, GOOCH PE GREGORY ►E L NICHOLS PE Re Bids for High Service Pump Installation Bid No 9811 Bids Received January 12, 1988 Dear Mr Ham The following is a summary of bids received on January 12, 1988 Bidder Amount Bid Proposed Contract Time Saber Development Corp $63,900 00 Not stated Jay-Mar Corp , Inc 65,789 00 30 days after pump delivery Eagle Contracting Corp 66,000 00 120 days Jamco Constructors, Inc 67,078 00 150 days Water Treatment Construction Co 67,800 00 180 days L E Delekta, Inc 67,848 00 45 days Tonto Construction Co , Inc 71,000 00 120 days M E Hicks Utility Contractors, Inc 71,230 00 90 days Passow Contractors, Inc 74,586 00 155 days Blakney Construction Co 83,000 00 180 days Onyx Construction Co , Inc 84,358 00 Not stated TELEPHONE 6179367161 611 EAMAR STREET FORT WORTH TEXAS 76102 JAWSR NICHOIS PE ROK"t NICHOIS Of LEES PREESE ►E ROBERTS 00001 PE JOE PAUL JONES PE ROBERTA THOMPSONIII Pt JOHNH COOK Pf T ANTHONYREIO Of GARVN REEVES PE GEORGEE HUMAN ►f Jab MAPES Of W ERNESTCLEMENT ►f FEVINC COPELAND PE MEM B17429.19M C David Ham Page 2 January 22, 1988 It will be noted that two of the 11 bidders did not fill in the contract time and, therefore, cannot be considered for award The lowest complete bid was submitted by Jay-Mar Corporation, Inc with a total bid of $65,789 00, and a contract time of 30 calendar days after pump delivery It is recommended that the contract be awarded to Jay-Mar Corporation, Inc , based on their bid of $65,789 00 Yours very truly, JBM bg xc Srini Sundaramoorthy John Marshall Lee Head Coy Veach FREESE AND NICHOLS, INC April 5, 1988 CITY COUNCIL AGENDA ITEM " TO MAYOR AND MEMBERS OF THE CITY COUNCIL FROM Lloyd V Harrell, City Manager SUBJECT CONSIDER BID OPENING #98 HIGH SERVICE PUMP H6 INSTALLATION AT THE WATER REATMENT PLANT RECOMMENDATION The Public Utilities Board, at their 1988, and Freese & Nichols Consulting the City Council approval of the lowest Corporation in the amount of $65,789 SUMMARY meeting of February 10, Engineers, recommended to qualified bid of Jay Mar Bids were opened January 12, 1988 and the results are shown in Exhibit II The lowest bidder, Saber Development of Dallas, Texas, is disqualified due to an incomplete bid Therefore, Jay Mar Corporation of Denton, Texas, is the lowest qualified bidder Although the 45 day period has elapsed, under which the bid was protected, Jay Mar has agreed to honor the bid BACKGROUND In line with the ongoing water plant upgrade to 30 MGD, high service pump B6 is required to bring the firm pumping capacity to 37 5 MGD This will provide the general requirement to have high service pumping capacity of at least 125$ of maximum plant capacity This is an approved FY 87 CIP project This bid pertains to pump installation only Pump and motor are being purchased under a separate bid that was previously approved by City Council, PROGRAMS DEPARTMENTS OR GROUPS AFFECTED City of Denton Municipal Utilities, City of Denton, Freese 8 Nichols, Inc , Jay Mar Corporation, and the Citizens Page 2 FISCAL IMPACT FY 86 CIA budgeted amount $150,000 (pump and motor purchase and installation) Pump and motor only 43,470 Fund available for installation $106,530 Recommended award (this request) 65,789 Amount (under)/over budget ($40,741) Source of Funds Water Bonds 623-008-0460-9106 Respectfully submitted, Lloyd V Harrell City Manager Prepared by, R E Nelson, Executive Director Department of Utilities Approved by, R Nelson, Executive Director Department of Utilities Exhibit I Project Location II Bid Summary and F&N Recommendation III PUB Minutes of February 10, 1988 IV Ordinance 5389U 6-7 Samoa sammommis 16 N • 1 C ~ 2t t~tLE - w1TER PLW • •f Power , p^ P1 and ~j• I • ~ y \ 1 Raj am, r 1 t I ~ 1 / . • r rw-wx 1 ~ - s 1 It i Ile f ' r ' mom, ''E 03 EXCERPT PUBLIC UTILITIES BOARD MINUTES February 10, 1968 12 CONSI ING #98112 HIGH SERVICE PUMP #6 INSTALLATION [lam explained that bids were opened January 12, 1988 The lowest bidder, Saber Development of Dallas, Texas, was disqualified due to an incomplete bid Therefore, Jay Mar Corporation of Denton, Texas, was the lowest qualified bidder Ham stated the City has five pumps with 30 MGD pumping capacity This new pump will bring pumping capacity up to 37 5 MGD, and this is what is needed to pump peak demand This new pump then will serve the majority of the operation and other older pumps become backup equipment This is an approved FY 67 CIP project This bid pertains to pump installation only Pump and motor are being purchased under a separate bid that was previously approved by City Council FY 86 CIP budgeted amount $150,000 (pump and motor purchase and installation) Pump and motor only 43 470 Funds available for installation 106,530 Recommended award (this request) 65 789 Amount (under)/over budget , 41) Source of Funds Water Bonds 623-008-0460-9106 Some questions regarding liquidated prior6to the vote Frady then made subject contract Second by Thompson Motion carried damages were discussed a motion to approve All ayes, no nays 5389U 8 CONTRACT AGREEMENT STATE OF TEXAS 4 COUNTY OF Denton p THIS AGREEMENT, made and entered into this 15th day of April A.D., 19 88, by and between The City of Denton of the County of Denton City Manager Party of the First Part, hereinafter termed the OWNER, and Corporation, Inc. of the City of Denton and State of Texas termed CONTRACTOR. County of Denton 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: Installation of High Service Pump No. 6 and the furnishing and installation of associated accessories 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 the materials, supplies, machinery, equip- ment, 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 1 and State of Texas, acting through its thereunto--duly authorized so to do, 10-15-71 to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blue- prints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefor, as prepared by FREESE AND NICHOLS, INC., herein entitled the ENGINEER, each of which has been identi- fied by the CONTRACTOR and the ENGINEER, 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 a written notice to commence work and to substantially complete all work within the time stated in the Proposal, subject to such extensions of time as are pro- vided 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 Con- tract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. ATTEST: City of Denton Texas Party of ie First rt, OWNER (SEAL) ATTEST: Jay-Mar Corporation, Inc. Party f t Second Part, CONTRACTOR By he a, it le (SEAL) 2 10/22/73 PERFORMANCE BOND STATE OF TEXAS j COUNTY OF Denton j KNOW ALL MEN BY THESE PRESENTS: That Jay-Mar Corporation, Inc. , of the City of Denton County of Denton , and State of Texas as PRINCIPAL, and The Aetna Casualty Insurance Company Hartford, Conn. 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 Sixty-Five Thousand Seven Hundred Eighty Nine Dollars 65,789.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal-has entered into a certain written contract with the OWNER, dated the' 15thday of April 19 88, for the con- struction of Installation of High Service Pump No. 6 and the furnishing and installation of associated accessories 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 cove- nants, conditions and agreements in and,by said contract agreed and cove- nanted 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 3 10-15-71 '78 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, alter- ation or addition to the terms of the contract, or to the work to be per- formed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 15th day of April , 19 88 . Jay-Mar Corporation, Inc. The Aetna Casualty Insurance Company Principal Surety Hartford, Conn. By ~ By Title Vic President Title 44kr17(, -ii7-laC4 Address 9080 Hwy. 2181 Denton, TX 76205 (SEAL) Address .7350 1,1QXe,5j(1e. Rlud C/74 - dbt) n TX o,P (SEAL) The name and address of the Resident Agent of Surety is: DIVERSIFIED INSURANCE SERVICES INC NOTE: Date of Bond 214-242-8631 1039 Stemmons Freeway - Suite 306 Carrollton, Texas 75006 4 t. PAYMENT BOND STATE OF TEXAS j COUNTY OF Denton j KNOW ALL MEN BY THESE PRESENTS: That Jay-Mar Corporation, Inc. , of the City of Denton , County of Denton , and State of Texas , as PRINCIPAL, and The Aetna Casualty Insurance Company Hartford, Conn. , 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 Sixty-Five-Thousand Seven Hundred Eighty Nine Dollars 65,789.00 ) for the payment whereof, the said Principal an 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 15thday of April , 19 88 , for the construction of Installation of High Pump No. 6 and the furnishing and installation of associated accessories , 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-acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this blond 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. 5 DATE April 5, 1988 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID # 9843 STEEL ENCASEMENT HIGHWAY CROSSING RECO141ENDATION We recommend this bid be awarded to the lowest bidder Tenbusch Excavating in the total amount of $40,717 00 SUMMARY This bid is for the materials and labor to install three steel encased utility line crossing on proposed Loop 288 One at Stuard Road, one at US77 and one at Bonnie Brae These installations will allow for future road construction without interrupting utility service BACKGROUND Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Electric Utiltty Distribution FISCAL I11P C11T This project will be funded from Electric Utility Bond Account number 611-008-0252-5598-9220 ly submitted Lloyc60 Harrell City Manager Prepared by - \ P Name Tom D Shaw, C P M Title Asst Purchasing Agent Approved met in J Marshall, C P M °'Title Purchasing Agent w N 1 I a l o JM o I z i i m i z 1 I til I I yY I N ~ N I 1 1 a ~ 1 1 1 N I f0 1 I r r r i I T T T ; I i I I _ I i i Z N N N 1 ~ 4V m m 1fl YA m 1 1 1 1 311 1 I N .y I r 1 ~1 a m i s i s t i 19 4 ~ 1 Z F I ~a m C ~ 1 4 I fjl l p] m C i n i s yS ~ yT ~ N .S '~"I 1 I 'q 1 1 ~p 1 NI y y V `-0 1 ~1 I N1 y ~ ~ T ~T 9 1 1~ I 1 m e I a 1 1 I I s 1 1 1 1 1 I I 1 1 I I 1 I I I 1 I 1 I nn nn n _n ~ n n n nn n nn nn n n_ n 1 _ _ _ 1 n N I 1 ® = 1 m I y ~ C I Vl Z Im m 1 ti r N fJ l ly I .'A 1 N 1 ~ ~ IEi ~ n I I 1 I h' 1 i m 1 i osa = c n m I I 1~ Z ~ m Iyy i 1 1' n n n 2 1 _ I I I j I m 1 a I I O 1 I O 1 I 1 +9 I I 1 I 1 1 _ _ _ n I 1 n I I 1 I C I I m I ~ i I ~ I 1 1 9 1 1 m~ p I I r I ml 1 1 i I I tf1 I til ml ul m 1 m ~i a 1 nl Vf 1 I m 1 m r MM a r M +mx H S+ Z n S+ C H tl1 m s L7 g ~1 O G X Z STATE OF TEXAS COUNTY OF DENTON ) CONTRACT AGREEMENT 6~-o THIS AGREEMENT, made and entered into this L day of. APRIL _ A.D., 19 88, by and between THE CITY OF DENTON TEXAS 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 TENBUSCH EXCAVATING INC. 772 EAST MAIN LEWISVILLE TEXAS 75067 of the City of LEWISVILLE , 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# 9843 - FURNISH & INSTALL STEEL ENCASEMENT AT THREE HIGHWAY CROSSINGS PURCHASE ORDER! 83914 - $40,717.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the 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 . THE CITY OF DENTON TEXAS , 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 executed this agreement in the year and day first above written. AT S ,:-~-4 !f E ; NIFE WAL.TERS Y -SECRETARY t• n ~i~ ATTEST: THE CITY OF DENTON, L CITY (SEAL) TENBUSCH EXCAVATING, INC. Party of the Second Part, CONT CTOR By / T le AL TENBUSCH, PRESIDENT (SEAL) APPROVED AS TO FORM: City Attorn CA-2 0044b PERFORMANCE BOND Bond No. 422480647 STATE OF TEXAS COUNTY OF DENTON) ( KNOW ALL MEN' BY THESE PRESENTS: That TENBUSCH EXCAVATING, INC. , of the City of LEWISVILLE County of DENTON , and State of TEXAS as PRINCIPAL, and Gramercy Insurance Company, 1001 Texas Avenue 4240, Houston Texas 77002 , 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 FORTY THOUSAND AND SEVEN HUNDRED SEVENTEEN Dollars 40,717.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these.presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 7 day of PPRIL 1988 , for the construction of BID# 9843 - FURNISH AND INSTALL STEEN ENCASEMENT FOR THREE HIGHWAY CROSSINGS 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 LFNTON 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 12th day of April , 19 88. Tenbusch Excavating, Inc. Principal By Title Gramercv Insurance Title Attor Address :~7~ (SEAL) The name and,address of the Resident Agent of Surety is: (SEAL) Gramercy General Asencv. Inc. 7616 L3J Freeway "720, Dallas. Texas 75251 NOTE: Date of Bond must not be prior to date of Contract. PB-2 Address 7616 LBJ Freeway #720 Dallas, Texas 75251 0091b PAYMENT BOND STATE OF TEXAS COUNTY OF Denton KNOW ALL MEN BY THESE PRESENTS: That TENBUSCH EXCAVATING, INC. of the City of LEWISVILLE County of DENTON- and State of TEXAS as principal, and Gramercy Insurance Co^pany, 1001 Texas Avenue #240; Houston, Texas 77002 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.TFXAC , OWNER, in the penal sum of FORTY THOUSAND SEVEN HUNDRED SEVENTEEN DOLLARS Dollars 40,717.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 7 day of APRIL 19 88 BID# 9843 - FURNISH AND INSTALL STEEL ENCASEMENT AT THREE HIGHWAY CROSSINGS 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 12th day of April 1988 Tenbusch Excavating, Inc. Principal By Title Gramercy Insurance ~ZZ Title Address (SEAL) The name and address of the Resident Agent of Surety is: s 7 Address 7616 LBJ Freewa Dallas, Texas 752 PB-4 (SEAT.) 0092b MAINTENANCE BOND STATE OF TEXAS COUNTY OF Denton KNOW ALL MEN BY THESE PRESENTS: THAT Tenbusch Excavating, Inc. as Principal, and Gramercy Insurance Company, Fouston, Texas 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 FOUR THOUSAND SEVENTY- ONE DOLLARS AND SEVENTY CENTS Dollars 4.071.70 , 15X 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 TENBUSCH EXCAVATING INC. has this day entered into a written contract wit the said City of Denton to build and construct _ BID# 9843 - FURNISH AND INSTALL STEEL ENCASEMENT AT THREE HIGHWAY CROSSINGS 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 O 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. these presents to be executed by and the-said Gramercy Insurance o mDany as surety, has caused these presents to be executed oy its Attorney-in-racr Thomas 0. lest and the said Attorney-in-Fact has hereunto set his hand this 17th day of Auril 1988 . PRINCIPAL: IN WITNESS WHEREOF the said Tenbusch Excavating, Inc. as Contractor and Principal, has caused Tenbusch Excavating, Inc. MB-2 `y 2 8 The Binz 5uiiding,; Suite 240 - 4 Z Q 0`6 1001 Texas Avenue at `lain Houston, Texas 77002-3130 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Gramercy Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having its principal office in Houston, Texas, pursuant to the fol- lowing resolution which is now in full force and effect: "That each of the following officers: Chairman, President, Executive Vice President, any Vice President, Secretary, any Assistant Secretary, may from time to time appoint Attorneys- in-Fact, and agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority and other writings obligatory in the nature of a bond, and any of said officers or the Board of Directors may at any time 'remove any e such. appointee and revoke the power and authority given him," does hereby make, constitute O_ and appoint: ------------------THOMAS 0. WEST OR SANDRA WALLACE---------------------------- O its true and lawful attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and as = its act and deed, as follows: w' All bonds except Bail IN WITNESS WHEREOF by its President'- \J``v + ,-19 86 SPATE. OF M5S Canty of Haft/ ) Bonds and not to exceed on any single instrument ($150,000.00)------ ONE.HUNDRED FIFTY THOUSAND AND N0/100----------------------------- The Gramercy Insurance Company has caused these presents to be signed IrJ is Corporate Seal to be affixed, this 21 day of March , Gi ;~s gA t. Brian A. Lewis, President On this 21:Y'day,_6f _:,pfarctr 19 86 before me, a Notary Public of th6'`Statey6f=)TekAs tn`~acd for the Canty of Harris cane Brian A. Lewis to iris 'ps'o 11y known to be the individual and officer described herein, and who executed the preceding instrument, and acknowledged the execution of the sane, and being by me duly sworn, deposed and said, that he is the officer of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation, and that the resolution of said Company, referred to in the preceding instrument, is now in force. IN TfblTm w1EREEF, I have hereunto set my hand, and affixed my official seal at Houston, Texas, the day and year above written. CERTIFICATE CD cm S T O Z PC My Camdssion I, the undersigned, Secretary of Gramercy Insurance Company, a Corporation of the State of Texas, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Res- olution of the Board of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the said Company at Houston, 19 88 Texas, dated thi 2th day of April , I W1.4- zz&~ Joh S. Maisel, Secretor 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. 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 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 I 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 W. 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 writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI-2 01/13/87 CERTIFICATE OF INSURANCE CITY OF DENTON Naas and Address of Agency City of Denton Reference: Project Nero: Project No: Phone Project Location: Managing Dept: Norms and Address of Insured: Companies Affording Coverage: A 8 Phone C This Is to certify "fiat policies of insurance listed below have been issued and are in tarp at this time. Company Expiration Limits of Liability Latter Type of Insurance Poll Number Date In Thousands 000 Comprehensive Bowel Liability Occurrence - Occurrence - Claims Made (see i2-reverse) Bodily Injury $ Broad Faro to Includes Property Oanage $ - Premises/Operations - Independent Contractors - Products/CoWle"ed Operations Bodily Injury and Property - Personal Injury Damage Combined $ -Contractual Liability (see il-reverse) - Explosion and Collapse Hazard - Underground Hazard - Liquor Liability Coverage, - Fire Legal Liab IIty (sae /T-reverse - Broad Form Property Damage - Professional Errors/Omiss Ions - occurrence - claims made (sae 112-reverse) Comprenansive Automobile Bodily Injury/Parson S Liability Bodily Injury/Accident $ - Owned/Leased AutarobIIas Property Damage $ - Mon-owned Automobiles - Hired Automobiles Bodily Injury/Property Owe" Combined $ i - Yorkers' Compensation and Statutory Amount Employers' Liability ' each accident Other Insurance Description of Operations/Locations/Vehicles. The City of Denton is an additional insured as its interest may appear as defined on the. reverse side. Mame and address of Certifica"e Holder. CII7C IF DIIw'1LP, TEMS PURTASM AMU 9Di-B MW Sr DENM, 1X 76201 SEE MIKE CF CM3MI1215 IN )FM CX-4 PMKMM '0%9 CI-3 CONDITIONS ADDTI7ONAL M WD: The City of Denton, its elected and appointed officials, ctTyoeg and employees. (This does not apply tp Wor1wr's C®pensatim.) NOM OF CANOUATIQI: Prior to any material I g or cancellation, the City of Denton will be given 30 days alvance written notice mailed to the stated address of the Certificate Holder, City cf Denton. i. CMACTURAL COWERA(£: (Liability asmm d by contract or hut, and would not otherwise exist). The aorrtrac4sl liability regiureamt stow an the reverse side of this Certificate of Insurance der Ccmpteh~ve General Liability, met include a definition of coverage laved swam to provide oouer4p for obligtio s aom'41 by the contractor in the referenced contract. This Certificate of Insurance is pr ovidsd as required by the gaieairg contract. 2. a-um tiAm Pam Fare: Heqdred period cc cove-mw will be determined by the following formula: Contirm uss omen p for the life of the omtract, plus one year (bo provide cove- for the warranty period), and a extended dismuey . period for a mlrdmm d 5 yeas which shall begin at the end of the watanty period. 3. FIE IEGU LIAR M: (Paquired in all contracts that involve the omVaxy, oostnxtio n or alteration of City-awned or leased facilities). Insurmce is to cover buildings, oontents (fie W ifnhlP) and permanently installed egdpmnt with respect to property daie~ to stnrcbaes or po ticns ce stnXtures if such d is cased by the peril of fire and due to the operations of the contractor. Limit of liability is to be a minimm of X600,000. Q-4 .6 PRODUCER WALLACE & SKILES 2720 STEMMONS FWY 1100 STEMMONS TOWER SOUTH DALLAS TX 75207 TENBUSCH EXCAVATING INC 772 E MAIN ST LEWISVILLE TX 75067 ISSUE DATE (MAVOC 'n 3/25/88 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COIAPANIES AFFORDING COVERAGE L.ETTERNV AME COMPANY LETTER B AME COMPANY LETTER C AME COMPANY LETTER AME COMPANY E LETTER - GENERAL FIRE & CAS GENERAL FIRE & CAS GENERAL FIRE & CAS • - - •vli s ..^°S!< th r.",'4~W yF W=..fTt. Y - u._ F INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, THIS IS TO CERTIFY THAT POLICIES O TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY r,. NOTWITHSTANDING ANY REQUIREMENT I , - BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND COND TIONS OF SUCH POLICIES. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MWDDNY) POLICY EXPIRATION DATE (MMODAM ALL LIMITS IN THOUSANDS C 1 LTR (A GENERAL LIABILITY BINDER 3/03,/88 3/03/89 GENERAL AGGREGATE 1 f OOO COMMERCIAL GENERAL LIABILITY PRODUCTS COMPIOPS AGGREGATE 1 r 000 CLAIMS MADE ❑OCCURRENCE PERSONAL & ADVERTISING INJURY 500 F ONNER'S & CONTRACTORS PROTECTIVE EACH OCCURRENCE 500 t• FIRE DAMAGE (ANY ONE FIRE) k MEDICAL. EXPENSE (ANY ONE PERSON) i EI AUT OMOBILE LIABILITY GLM49374257 3/03/88 3/03/89 usL ANY AUTO S 0 0 ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (PER PERSON) I X HIRED AUTOS BN URY X NON-OWNED AUTOS Ins ACCIIDENT) I GARAGE LIABILITY PROPERTY DAMAGE C EXCESS LIABILITY U628733097 3/03/88 3!03/89 EACH "06 EO"TB OCCURRENCE 17000 OTHER THAN UMBRELLA FORM - D BINDER 3/03/88 3/03/89 STATUTORY `k WORKERS'_COMPENSA-TION_--_ - - cJOO LEACH ACCIDENT) C AND 500 (DISEASE-POLICY LIMIT) 1. EMPLOYERS' LIABILITY 500 (DISEASE EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- l VOR TO RA DATE THEREOF, THE ISSUING COMPANY WILL j MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER TO THE THE CITY O F D F_ N T O N BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO TION OR LEFT , A T T N 2 T 0 M SHAW LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES. 9 01- B T E X AS S S T AUTHORIZED REPRESENTATIVE DENTON TX 76201 JAMES R MCBRIDE~/,\ 1 ~ • L G DATE: March 8. 1988 CITY OF DENTON PURCHASING DEPARTMENT BID NUMBER- # 9843 BID TITLE: FURNISH & INSTALL STEEL ENCASEMENT FOR HIGHWAY CROSSINGS Sealed Bid Proposals will be received until-2:00 p.m. MARCH 24, 1988 at the Office of the Purchasing Agent 901-B Texas Street, Denton, Texas 76201-4229. John J. Marshall, C.P.M. Purchasing Agent (817) 566-8311 P R, o ~v E1 APR x'988 CITY 0~- Ucl4 t INSTRUCTIONST013IDD19991CHASING DEPT. 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. 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. & 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 informalities and require that submitted bids remain in force for a sixty -(50) day period after opening or until award is made; whichever comes first. & 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 20.04.8) BID NUMBER 9843 BID PROPOSALS Page 1 of 2 BID PROPOSAL 1- The intent of the owner to award the entire contract as one unit. 2- Payment will be at the contract unit price per linear foot of boring or excavation installed and removed. 3- Any informality in the bidding process which prevents equitable evaluation will lead to rejection of that bid. 4- Approval of payment by the City of Denton constitutes that the work has progressed to the point indicated. 5- Prices shall be quoted according to the linear footage of crossing as stated below. 6- State the option used in the bid and add comments to the proposal. ~p option.1 t4 a~ Drawing Linear Price Total a # Ft. per Ft. cost($) pPR ,1988 Item-1 - pEN I ON, CITY O'SING DEPT. Loop 288 anillJ~n~~t Road 1A 200 -12" $ 3(„' $ 7aoo~ Item-2 Loop 288 and U.S. HWY 77 2A 430-12" $ S3.~o $ a~ Item-3 Loop 288 and Bonnie Brae 3A 292-12" $ 34,- $ J S~> ' Option 2 Should A be necessary to use 14" caseing - the above unit prices will be increased by $10.00 per linear foot. We quote the abov~PiSlS: Anton, Texas. ZIpW? cane~eemade in - 10 days from receipt of order. Terms net unless otherwise indicated. Completion prior to June 1. 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 constitutes a contract. 772 E. Main Mailing Ad&eas Lewisville, Texas 75067 city Stab DD 214-221-2304 Taleptxma Tenbuscch Excavating, Inc., 6 / / Sipnatwa Tale BID NUMBER 7343 Lai IL r rivr vv~w rdytd Ul This is the Submittal Stamp to be utilized on ALL trench Excavation Plan Submittals by Contractors on ALL City and Private Projects. No Exceptions [ ] Exceptions As Noted [ J Rejected-Resubmit [ I Contractor accepts sole responsibility for compliance with all applicable safety requirements. This review is only for general conformance with OSHA safety standards. Review of the trench excavation plan does not relieve contractor from any or all safety and construction responsibility in accordance with Item SP-37 of the specifications, including accommodating changes in soil conditions as they occur. This review does not relieve contractor of it's sole responsibility for all construction means, methods, techniques and procedures; and any property damage or bodily injury (including death) that arises from use of the excavation plan, from contractor's negligence in performance of contract work, or from City's failure to note exceptions to the excavation plan, shall remain the sole responsibility and liability of contractor. PROJECT BY DATE City of Denton Engineering Division NOTE: Item SP-37 "Excavation Protection" is'under specifications part I-5 _ We quote the above f.o.b. Denton, Texas. Shipment can be made in days from receipt of order. Terms net 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 constitutes a contract. Mailing nd&m City State Zip TelepiWM Bidder Title .y .xt-s`7 dk~t Y F- 4~,5 _a fc.l f 1 M4f.( ";J k 3 ? y I 4 Y }ir-FY. s. F i J E i ids 5 - Fem... J 1 s . fti ` ° T S - ® Y1 (f1J~vIl DUI V ~ I ~UE DA E S R 2 AMEND04-1-88 imi, ~ ~ ,ts~ 1_ ~ al ~ k a"Ta...<~'"L•.~i:.7-r,Y '.ru PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, {'JALLACE 8 SKILES, INC. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. tt t 2720 STENNMNS, #1100 SOUTH COMPANIES AFFORDING COVERAGE DALLAS, TEXAS 75207 - i LETTTER Y A AMERICAN GENERAL FIRE $ CASUALTY 3 COMPANY B AMERICAN GENERAL FIRE $ CASUALTY I INSURED LETTER _LI COMPANY C AMERICAN GENERAL FIRE $ CASUALTY t. ETER INC TENBUSCH EXCAVATING . , 772 E. MAIN ST. COMPANY D AMERICAN GENERAL FIRE $ CASUALTY TEXAS 75067 a LEWISVILLE LETTER , COMPANY E LETTER J THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW H AVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED 04. E AFFORDED BY THE P OLICES DESCRIBED ED HEREIN IS SUBJECT I TO ALL RESPECT THE TERMS EXCLUSIIONS,I I AND CONDI E BE ISSUED OR MAY PERTAIN, THE INSURANC TIONS OF SUCH POLICIES. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIOOII'1'I POLICY EYPIRAT10N DATE (MM;GDm) ALL LIMITS IN THOUSANDS n LTR LIABILITY A GENERAL AGGREGATE $ 00- GEN ER L PRODUCTS-COMPIOPS AGGREGATE $ X COMMERCIAL GENERAL LIABILITY '.ooo CLAIMS MADE ®OCCURRENCE BINDER 3-3-88 3-3-89 PERSONAL A ADVERTISING INJURY $-_sDD- F" 444 , OWNER'S It CONTRACTORS PROTECTIVE EACH OCCURRENCE $ 0 ` FIRE DAMAGE (ANY ONE FIRE) $ MEDICAL EXPENSE (ANY ONE PERSON) $ 'aF ' AUT OMOBILE LIABILITY GLM49374257 3-3-88 3-3-89 DGL $ 500 B Arvv AUTO ii a ALL OWNED AUTOS BODILY Ta ' I ' kkt vC w X SCHEDULED AUTOS )PER PERSON) $ - ~T ,.4~ , 1In _ E` TOS wunv INJURY X HIRED AU NON-OWNED AUTOS )IPER ACCIDENT) $ +t z X GARAGE LIABILITY PROPERTY DAMAGE 4 $ EXCESS LIABILITY ht n GCCURRENCE EACH AGGREGATE X UB28733097 3-3-88 3-3-89 F $ 1,000 $ 1,000 G OTHER THAN UMBRELLA FORM STATUTOR Y lk, 'O n WORKERS' COMPENSATION BINDER 3-3-88 3-3-89 $ (EACH ACCIDENT) D - it AND $ (DISEASE POLICY LIMIT EMPLOYERS' LIABILITY $ (DISEASE EACH EMPLOYEE) OTHER w ' r h DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL R EMS CERTIFICATE HOLDER IS SHOWN AS ADDITIONAL INSURED THE CITY OF DENTON ATTIN: TOM SHAW 901-B TEXAS STREET DENTON, TEXAS 76201 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TOM CH NOTICE SHALL IMPOSE NO OBLIGATION OR I IARB ITV OF ANY KIND ON T E COMPANY, IT ENT OR 134SENTATIVES. JAMES R. iMCBR,YI)r N