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1987-1730923L AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therefore, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications attached hereto are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 9784 Hasty-Fowler Construction, Inc $ 55,388 00 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid S~CTION III That the City Manager is hereby authorized to exechte 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 t~erein SECTION IV That upon acceptance and approval o£ the above competitive bids and the execution o£ contracts for the public works and ~mprovements as authorized herein, the City Council hereby authorizes the expenditure o£ funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 20th day of October, 1987 ATTEST. APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY PAGE TWO OATE October 20, 1987 CITY COURCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BI[~ 978~ RECOI~IEllDATION We recommend this bid be awarded to the lowest bidder meeting specification, H~sty Fowler Construction, Inc, in the amount of $55,388 00 SU[~iARY This btd Is to provide a new 10" waterhne along Bohvar Street The b,d included approximately 1000' of waterline and all associated valves, fittings, excavat,on and street patching The Public Utility Advtsory Board has reviewed this btd and ts tn agreement with this recommendation BACKGROUI~D1,1 Tabulation Sheet pROGRAMS~, DEPARTILENTS OR GROUPS AFFECTED... Water Utility FISCAL IIIPACT. 1987/88 Water Utility Bond Funds " Account ii 623-008-0~6t-911~ Lloyd'V Harr~ell Ct ty Manager Name Tom D Shaw, CPM Tttle Asszstant Purchasing Agent Approved /'Na~nie~-~-/36ht( 3 Marshall, C P M C-~tt ~ 1 ~ ~ Purchaszn~ Agent .~{ritt¿n explanatory matter prepared by thereof, and the Specifications therefore, as THE CITY OF DENTON ENGINEERING STAFF , 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 >Tritten 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. (SEAL) ATTEST: m~L.~ L. - HASTY-FOWLER CONSTRUCTION, INc. Party of the Second Part, CONTRACTOR By Ti~"~~ ( SEAL) APPROVED AS TO FORM: df¡~D, ~~ Ci Attorney CA-2 0O44b PERFOLU1ANCE BOND STATE OF TEXAS )( COUNTY OF DENTON) ( INc. KNOW ALL MEN BY THESE PRESENTS: That HASTY-FOWl FR c.ONSTRIIc.nON. , of the City of SAN ANGELO rom Green , and State of TEXAS Deposit Company of Maryland County of XX~<ß!!1"tN as PRINCIPAL,F~ity & , 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 FIFTY-FIVE THOUSAND THREE HUNDRED EIGHTY -- EIGHT DOLLARS Dollars ($ 55,388.00 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 ~ day of OCTOBER, 19~, for the construction of BIDI! 9784 - BOLIVAR STREET 10" WATERLINE 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-I . 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 Artic!Íe to the same extent as if it were copied at length herein. . PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in DENTON County, State of Texas, Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder, IN WITNESS WHEREOF, the said Principal and Surety have signed and * sealed this instrument this ~ day óf:tober ,819-, Hasty Fowler Construction. Inc. Principal Fidelity & Deposit Company of Maryland Surety By ~~ ~fÞ- ~ TiI;l~s; rlpnt Æ::It~eY-in-fact Ad~~sœactus Lane Address P.O. Box 1111 San Angelo, Texas 76903 San Angelo, Texas 76902 ( SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Fields StpwRrt Doll ;ypr P.O. Box 1111 San Au5~lu, I~~a~ 763B2 * NOTE: Date of Bond must not be prior to date of Contract" dated Oct. 22, 1987. PB-2 0091b The ~ CompanJes FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT COMPANY HOME OFFICES, BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN By THESE PRESENTS: That Ihe FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the FIDELITY AND DEPOSIT COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR. , Vice.President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respeclive By. Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect of the date thereof, do hereby nominate, constitute, and appoint Robert 1. Fields, Don W. Stewart, Roger M. Dolliyer, Herbert R. Heard, George W. Horton and Walter N. Rodgers, all of San Angelo, Texas, EACH.......................................~ tnetrue and lawful agenl and Attorney.in.Fact of each, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed, any and all bonds and undertakings, each in a penalty not t'o exceed the sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000>' ..EXCEPT bonds on behalf of Independent Executors, Community Suryiyors and Community Guardians.. MiiI the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, 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 respeclive Companies at their offices in Baltimore, Md., in their own proper persons. This power of attorney reyokes that issued on behalf of Robert L. Fields, etal, dated, June 2, 1982. IN WITNESS WHEREOF, the said Vice. Presidents and Assistant Secretaries have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY this ...................~.9.!:h................................ ... day of..................M¡¡y,........... .....................,A.D. 19.....aIL..... S,,1'£ orM..,LAND I . CITY or BALTIMORE f'" . . . Onlhi, 29th daynl May .A.D.19 84.heln,"heauh"rlhe",Nola'yPubl,,01IheSlaleoIM"yland,onand ~É;!ösWYc~ ~~ NY'(¡ t ~~ RYL~ Nto::: Ihned F'\Ô~rrh e~Ñ~' ~E¡.'õšiTêõe;:: ~Ñr'::i~:n~,':.:~r;i~~:~~:':~:, i:~:~~~% ~~l:;l~e~~ de",ibed herein and who exeeuled Ihe pre«ding in",umenl. and Ihey ea<h acknowledged Ihe eaeeulion 01 Ihe ..me, and hei.. by me doly ,worn. ,evenllyand mh 10' him,,11 depo'elh and ,ailh,lhallheyarelhe,aid nllieenoflhe Compani" alore..id, and Iballhe...I,affi.ed 10 Ihep'~eding in"rumenl are Ihe Co'po,a.. Seal, 01 ,aid Compani", and Ihallhe ,aid Co'po,ale Seal, and Ihei, ,ignalu"", ,ueh offieen were duly am..d and ,ub",ihed 10 the ,aid in",umenl by Ihe aulho,ilY and dire"ion 01 Ihe ..id Co'poralion,. . IN TESTIMONY WHEREOF. I hue hereunlo 'el my hand and alli..d my Officia6.~"9I~nl IIi o~:' fi", abu" written. , """"'f"""~- ........... ..,.~. .................~................ R~ I'tJ>üc ¡~. My commission expires .J.\¡JY....L....J2!J.9......................... =..,,' CERTIFICATE I, Ihe und",ignad A..i"anl Seml"y 01 Ihe FIDELITY AND DEPOSIT COMPANY OF MARYLAND and Ihe flDWTY AND DEPOSIT COMPANY do herebyee"ily Ihallheo,iginalPowerol Attorneyolwhich Ihelo'egoing i,a lull.l,ue and eo"~I'oPY," on lull 10"eanderr~1 o~ Ihe dale 01 Ihi, ",'ili.a'e, and I do further «".,Iy Ihal 110. y"..P",od.nlo wh~ ex~,uled Ihe ..,d P~wer 01 Attorney were V,...P""den.. ifËt'a.¡.'f ~u~tnÖË;i~¡'~C~oM1~NIlöF'~~RIY~~Dn:~~;h':WÖi!LIT:~~D bEP~S1Tn t¿~.t~~ly 5e<llOn 201 Ihe "'pee"ve By.uw, oflhe FI ELI , Thi, mlili'a" may he ,igned by I""imil. under ,nd by aulho,ilY 01 re,olution, 01 110. Boa,d 01 Di,~lo," 01 Ihe FIDELITY A/liD DEPOSIT COMPA~Y or MARYLAND al.' me"ing duly .alled and held on Ihe 16110 day 01 July. 1969 and 01 Ihe Bo"d 01 D"e"o," 01 Ihe FIDELITY AND DEPOSIT COMPANY aI, m.."ng duly .alled and held on the 2nd day 01 Noyemhe,. 1978. RESOLVED, "Thallhe I""imile 0' me.hani.ally reprodu«d ,ignalure olany A..i"anl Semla,y 01 Ihe Company. whelher made herelolm 0' herealler, when.." appmin, upon a ",..Iied ,opy 01 any.power 01 attorney ".u.d by ,he Company. ,hall he yahd and bondo.. upon Ihe Company wilhlhe..melo"eanderle"a.thoughmanu,lIyall..ed.. 26th IN TESTIMONY WHEREOF. I loa.. hereunlO .ub""bed my name and all..ad Ihe '"'po,ale ..al, ollhe oaid Compani".lhi,............................... ì ArrEST, 0 ~ ~ day of.... Oc to.l:>.~."... -168-6756 e(QQ~~paE~:, CON'ëV::F t;¿. ... .... AM,,',,' s."""", ~-L ......r~J?4~ .. FIDE:~::d~~t;z........ AMi.....s.,,"ery ~~ .,19....81. FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The President, or any Executive Vice-Presidents, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do hy the Board of Directors or hy the Executive Committee, shall have power, by and with the concurr. ence of the Secretary or anyone of Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, and At- tornies.in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the husiness of the Company may require, and to affix the seal of the Company thereto." EXTRACT FROM BY.LAWS OF FIDELITY AND DEPOSIT COMPANY "Article VI, Section 2. The President, or anyone of the Executive Vice-Presidents, or anyone of the additional Vice-Presidents specially nuthorized 50 to do by the Board of Directors or hy the Executive Committee, shall have power, by and with the con- currence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant Secretaries and Attc-neys-in-Fact as the business of the Company may require, or to authorize any person or per- so", to execute on hehalf of the Company any bonds, undertakings, recogni,.nces, stipnlations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages ,.nd instruments in the nature of mortgages, and also all other in- struments and documents which the business of the Company may require, and to affix the seal of the Company thereto." '. .' PAYllliNT BOND STATE OF TEXAS )( COUNTY OF DENTON )( INC. County of KNOW ALL MEN BY THESE PRESENTS: That HASTY-FOWLER CONSTRUCTION, of the City of SAN ANGELO TOM ~MN ,and State of TEXAS , as principal, and Fidelity & Deposit Company of Maryland 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, TEXAS , OWNER, in the penal sum of FIFTY-FIVE THOUSAND THREE HUNDRED EIGHTY-EIGHT DOLLARS Dollars ($ 55,388,00 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 ~ day of OCTOBER , 19 87 BIDII 9784 BOLIVAR STREET 10" WATERLINE 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, LN WITHNESS WHEREOF, the said Principal and Surety have signed and * 26th Octobe¡:; 87 sealed this instrument this ---- aay oI , 19 Hasty-Fowler Construction, Inc. Fidelity & Deposit Company of Maryland Principal Surety By ~~ ~þ..~ Pfft'fgent Title Attorney-in-fact AJgfe~~ctus Lane San Angelo, Texas 76903 Address P.O. Box 1111 San Angelo, Texas 76902 ( SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Fields Stewart Dolliver P.O. Box 1111 San Angelo, Texas 76902 * NOTE: Date of Bond must not be prior to October 22, 1987, date of contract. PB-4 0092b The ~ Companies FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT COMPANY HOME OFFICES, BALTIMORE. MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Ihe FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the FIDELITY AND DEPOSIT COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR. , Vice.President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By. Laws of said Companies, which are set forth on the reverse side hereof and are hereby cerlified 10 be in full force and effect of the date thereof,do hereby nominate, con stitute, and appoint Robert 1. Fields, Don W. Stewart, Roger M. Dolliyer, Herbert R. Heard, George W. Horton and Walter N. Rodgers, all of San Angelo, Texas, EACH....................................... ~ IDe Irue and lawful agent and Attorney.in.Fact of each, to make, execute, seal and deliver, for, and on ils behalf as surety, and as its act and deed: any and all bonds and undertakings, each in a penal ty not to exceed the sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000)... EXCEPT bonds on behalf of Independent Executors, Community Suryiyors and Community Guardians,. MiO the execution of such bonds or undertakings in pursuance of these presenls, shall be as binding upon said Companies, as fully and amply, 10 all intents and purposes, as if they had been duly executed and acknowledged by the regularly elecled officers of the respective Companies at their offices in Baltimore, Md., in their own proper persons. This power of attorney reyokes that issued on behalf of Robert L. Fields, etal, dated, June 2, 1982. IN WITNESS WHEREOF, the said Vice. Presidents and Assistant Secretaries have hereunto subscribed their names and affixed the Corporate Seals of tho said FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY Ihis ......._........._.f.~J!L_..............................-- dayof.................,May....--......----.......--.............,A.D. 19.....a!i..- AlTEST, e e --Q .~-- ~::;;::: :EPœ: :0'7:7' t;¿. ....... A";""",&",",,y ~~ .. ..C~J?~... nD'::]E~. A.,;""",s.""",y ~~ STATE or MARYLAND ¡ ClTYorBAlT'OOR[ f'" On Ihi. 29 t h day of May ,A.D, 19 84. hefor. Ih. .ub",ihe,. a No'"y Publie oflh. S",. of M"yland. ;n and ~ÉIo'ösWYc'g ~~ÑY'Ò; ~HYÜ~¡;Oa~J I~n.d F1 D~ti4Y e~ÑD 't~~~šiT~õ~:lÑf'~;i~~n~:.:~~i;i:~:~~:~a;h~ i:~:~~~~~~~lo~f~:'~ d.",;b.d h...io and who .a"uled Ihe p",.ding ;n",um.nl. .nd Ih.y <aeh "knowl.,¡".d Ih. .a"uI;on of Ih. ..m.. and he;ng by m. duly .wom. .o""lIy .nd eaeh Co, h;m..lf d.po.eth a~d ,,;oh,lh., Ih.y are Ih. ,,;doffieon of ,h. CompaniM afo..,,;d. .nd Iha"h. ...1. alliaed 10 ,h. pr".d;ng in"rum.n' a.. Ih. Corporale Seal. of ...d Compa..... and Ihallhe ...d Corporate Seal. and Ihm "gnalur".. .ueh omeera were duly amaod and .ub"rihed '0 Ih. ,,;d in..rum.nl hy ,h. aulhor;oy and di",hon of Ih. ..;d Corpor..ion., . IN TESTIMONY WHEREOF. I ha.. h...unlo ,,' my hand and affi..d my ome;a~~~o~.... firal abo" wnll.n. voor..: . ........_(...~- "7¡:Z;'~ """"""""'~........n...... t.-"~ .,: My commission expires -J.\!lY....L....J~§.fL....n................ .~..,,' CERTIFICATE /, 'h. undonign.d Aui..anl Se"""Y of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and ,h. FIDELITY AND DEPOSIT COMPANY do h...by ",'ify ,hal,h. odg;no',Pow" of Allomey of ~hieh ,h. fo..go;og i.. full.',u.and eol.." ropy. i. in full folee a~d.ff"r on ,h. date of ,hi. ",',fie.." and I do furlh" """fy Ihallhe V"..P""d.nh wh? ...euted Ih. ..,d P~w" of Allom.y w",. V""P'M,d.nh ifft'~ ~NtoöÊe:ð~I*~~oM~~NflöFe~~R'ŸLX~Dn:~~;::~"öi:t;Tf~~ii bEpgS:Tntó~et~~ly 5o<IIon 201 ,h. r..pee"" By.Law< of ,h. FI ELI , Thi, ",hfi"te may h. ,igned hy fa..imile under and by au,hor;oy of ",olulion. of Ih. &"d of D;""o," of ,Ih. FIDELITY Al'iD DEPOSIT g~~ó~~~:g~~:~J~t;~~'::i~~d~;~n~'~1~1 :~~'~.¡';¡"~nh~~~ 2:J~::~F ;:;::.t!:i~r::9 and of Ih. &ard of D"",o," of the FIDELITY AND RESOLVED, "Thallh. fa"im;l. or m"hani"lIy ..produeed .ign..u.. of any Aui..anl S."""y of Ih. Company. wh.,h" mad. h"etofo.. 01 h...after. when.... app.adng "POD a ",'ifi.d ropy of any,pow" of allom.y ...ued hy the Company. .hall he vahd and bmd,"I upon Ihe Company wolhlheumerolee.ndeffe",,'houghmanuallyaff...d, , ,,26 h IN TESTIMONY WHEREOF. I hu. h...unlo.ub",ib.d my name and arri.od Ih. 'orpora"~al.ofthe~dCompa",...'h...............L.............. dayor....,()C,t.9.þ",I... """",\, '" -168-6756 " J9.",f3Z FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Sectian 2. The President, ar any Executive Vice-Presidents, or any af the Senior Vice.Presidents ar Vice-Presidents specially authari,ed so ta da by the Baard af Directars ar by the Executive Committee, shall have power, by and with the cancurr. ence af the Secretary ar any one af Assistant Secretaries, ta appoint Resident Vice-Presidents, Assistant Vice-Presidents, and At- tarnies-in-Fact as the business of the Company may require, ar ta authorize any person ar persons ta execute an behalf af the Company auy bands, undertakings, recagni"nces, stipulations, policies, contracts, agreements, deeds, and releases and assignments af judgments, decrees, mortgages and instruments in the nature af mortgages, and also all ather instruments and documents whic h the business af the Company may require, and to affix the seal af the Company thereta." EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY "Article VI, Section 2. The President, or any one of the Executive Vice-Presidents, or any one of the additional Vice-Presidents specially authori,ed so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the con- currence of the Secretary or anyone of the Assistant Secretaries, ta appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant Secretaries and Atw neys-in-Fact as the business of the Compaoy may cequice, ar ta authorize any person or per- sons to ..xecute on behalf of the Company any bands, undertakings, recogni"nces, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other in. struments and documents which the business of the Company may require, and to affix the seal af the Company thereta." HAINTENANCE BOND STATE OF TEXAS )( COUNTY OF DENTON ) ( KNOW ALL MEN BY THESE PRESENTS: THAT HASTY-FOWLER CONSTRUCTION, INc. as Principal, anctidelityDeposit Company of Maryland 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 FIVE THOUSAND FIVE HUNDRED THRITY-NINE DOLLARS Dollars ($ 5.539.00 ), 10% of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally, ' ' This obligaticn' is conditioned, however, that: WHEREAS, sali'/!s ty-Fowler Construction Company, Inc. has this day entered into a written contract with the said City of Denton to build and construct BlOt! 9784 BOLIVAR STREET 10" WATERLINE 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 !!lay 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 !!lay 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 hondo 0093b MB-I 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 successiye recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time, IN WITNESS WHEREOF the said Hasty- Fowler Construction, Inc. as Contractor and Principal, has caused these presents to be executed by !Ücky rowler ~-~- and theFšàtdity & Deposit Company ot MarYLand as surety, has caused these presents to be executed by its Attorney-in-Fact Herbert R. Heard and the said Attorney-in-Fact has hereunto'set his hand * this 2b day of October 1987 SURETY: PRIN.CIPAL: Fidelity & Deposit Co. of Maryland Hasty-Fowler Construction, Inc. Herw:t R. Heard 'Zz.c. 6. 4., -r /2.. ~ Attorney-in-Fact Ricky Fowler ~~ * NOTE: Date of Bond must not be prior to October 22, 1987, date of contract. liB-2 0093b The ~ Companies FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT COMPANY HOME OFFICES, BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the FIDELITY AND DEPOSIT COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR. , Vice.President, and. C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Arlicle VI, Section 2 of the respective By. Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect of the date thereof, do hereby nominale, conslitute, and appoint Robert 1. Fields, Don W. Stewart, Roger M. Dolliyer, Herbert R, Heard, George W. Horton and Walter N. Rodgers, all of San Angelo, Texas, EACH....................................... t e lrue and lawful agent and Attorney.in.Fact of each, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, each in a penalty not to exceed the sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000).. . EXCEPT bonds on behalf of Independent Executors, Community Suryiyors and Community Guardians.. n t e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if Ihey had been duly executed and acknowledged by the regularly elecled officers of the respective Companies at their offices in Baltimore, Md., in their own proper persons. This power of attorney reyokes that issued on behalf of Robert L, Fields, etal, dated, June 2, 1982. IN WITNESS WHEREOF, the said Vice. Presidents and Assistanl Secretaries have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY this .....nnnnn....f.~J.hnnn.nnnnnn....n nn'" dayof....n...........May................n..... n.......,A.D. 19.....a~....... ATfEST, e e ..Œ~Q:=: DEPO":, ~:p~.:: t;¿,. Aui"~ts."'ta,y ~~ C..~. J<~~.. FtDE:~]r~t¿: A ui..... s."'tary ~~ ST"': or MARYLAND ¡ CITY or BALTI"ORE j 0" Onlhio 29th d.ynf May.. .A.D.19 84.befo,..h"uh.~,ibe".No"tyPuhl;cof'h,S""'ofM"yl.nd,in.nd ~É~~s?;rc~ ~~ÑY'Íi t~~Ryi.~N~o::: I'h,d r\D~ti1V¡ND't'E¡,t;)šiTê'ô~: lÑf.'~:'~:n~,~~~~i;':~::':'~:'~~': i:~:~:d~~~~~l~f;:r;~ d""ibed hmi. ..d who emulod Ihe p",eding i.o"umenl, .nd Ihey mh "knowledged Ihe ""ulinn of Ih, ..m,. .nd being by m, duly OWOtO, ...enlly .nd mh fo, him..lf d'po"lh .nd ..ilh,lh'llh,y ...Ih, ..idnffie... of,h, Compani.. ofo~...id, .nd Ih"lh, ...1. offi.od 10 Ib, p""ding in"lUm,nl ... Ih, Co'po,.., So.lo of ...d Comp...... .nd Ih.. Ihe ..,d Co,po"" So.lo .nd Ih... ......u..... oueb offioen WOlO duly .ffi.od .nd ,ub",ibed 10 Ih, ..id ino"umenl by Ihe ,ulho,iIY .nd di.."ion of Ihe ..id Co'po,,'iono. . IN TESTIMONY WHEREOF. I hoy, hmunlo ,., my h.nd .nd .ffixed my Offiei"b.~2°~'" fin' 01>0.. w,,"en. v .o,;.:~ .........(..~- "7¡Z;'~ .....n...nn...~..nn...n.nn .~. My commission expires .J.\¡JY....L....J2ßJ>..nnn.nn.nn...nn ",..",. CERTIFICATE I, Ih, undenignod A..i".n' Soml"y of Ihe FIDELITY AND DEPOSIT COMPANY OF MARYLAND .nd Ihe nDELITY AND DEPOSIT COMPANY do hOlOby "'lily Ih.. Ih, o,igin.1 Pow.. 01 AllotO'y 01 wbieh Ihe lo,..o..g... full,',ue .nd eomel eopy,"" full fo"eond ,ff«1 on Ih, d..e 01 Ihio "'Iilie..., .nd I do lullh.. ",'ify Ih.. Ih, y"e.P...iden" who emu"d Ihe ..,d Pow.. of AllotOey we" V""P"'ld,n" .""".lIy ,ulho,i..d by Ihe Bo"d. of Di..oIon 10 .ppoinl.ny AllotO'y.in.F.".. p,o.id,d in Allid, VI, So"ion 2 of Ih, ,.."","" By"".' of Ih, FIDELITY, AND DEPOSIT COMPANY OF MARYLAND .nd Ih, FIDEUTY AND DEPOSIT COMPANY. . Thi, mlifi,"e m.y be oign,d by I",imile und.. .nd by ,ulho,iIY of ,..oIUliono of Ihe Bo"d 01 Di,«lolO 01 Ihe FIDELITY AJ>D DEPOSIT COMPANY or MARYLAND". me.,ing duly "lied .nd held on Ihe 161h d.y 01 July. 1969 .nd 01 Ih, Bo"d of D"",olO of Ihe FIDELITY AND DEPOSIT COMPANY 01 . me.,ing duly "lIod .nd held on Ihe 2nd d.y of No.,mbe,. 1978. RESOLVED, "Th..,he I",imileo, m"h.ni"lIy ..p,oduoed .ign"u..ol.ny A..i...nl Som..,y oflh,Comp.ny. .h.,b.. m.de hOlOlofo..o, hOlO.I",. whene'" .ppwing upon. "",fi,d eopy 01 .ny.po... 01 "'otOey ...u,d by Ihe Company, ,h.1I be "hd .nd b.ndlng upon Ihe Company .ilh Ih, ..me folOO .nd elfe" ,,'hough m.nu.lly .rl..ed. . .. 26th IN TESTIMONY WHEREOF. I hOY, hmunlooub",ibed my n.me.nd.ffi.od Ihe eotpo""...looflh, ..,d Compa....,lh.................................. d.y oL..()C.tOJ:>",~... ..,.,.,"'", '" -168-6756 ..,19...B.1... FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The President, or any Executive Vice-Presidents, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized sn to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurr. ence of the Secretary or anyone of Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, and At- tornies-in-Far.t as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documentswhich the business of the Company may require, and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY "Article VI, Section 2. The President, or anyone of the Executive Vice-Presidents, or anyone of the additional Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the con- currence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant Secretaries and Attc' neys.in-Fact as the business of the Company may require, or to authorize any person or per- sons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all other in- struments and documents which the business of the Company may require, and to affix the seal of the Company thereto." 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 coyered 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: II, III. 0 Thirty (30) days advance written cancellation shall be given; or notice of material change 0 The City of Denton shall be an additional policies. insured on all named 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: 0 0 Workmen's Compensation - Statutory Employer's Liability - Statutory 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: 0 A combined single limit of $500,000 Comprehensive Genera'! Liability. This insurance s"hall be written in comprehensive form and shall protect the Contractor against all ~laims arising from injuries to members of the public or damage to property of others arising out of any act or omission of t,he Contractor or his agents, employees or subcontractors. CI-l 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: 0 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 Ci ty of Denton, for liabili ty that may be imposed ar ising 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: 0 A combined single limit of $500,000 INSURANCE SUMMARY: The Contract shall provide insurance to cover operating hazards dur ing 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 ce'rtificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non~enewal, 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 " er No. '., ] Fields Stewart Dolliyer P,O, Box llll San Angelo, Texas 76902 Staets Fire Insurance Company Effective12:0l a m 10/22/87 .19 Expires £J 12:01 am D Noon 10 22 88J D This binder is issued to extend coverage in the above named company per expiring policy # 1"",1" ool,d b,lowl AME AND MAILING ADDRESS OF INSUREO City of Denton Purchasing Agent 90l-B Texas St. Denton, Texas 76201 Description 01 Operation/Vehicles/Property Boliyar Street Project # 81508 Type and Location of Property Coverage/Perils/Forms Amt 01 Insurance Ded. , -. "o::".¡ ,. Bodily Injury Limits of Liability Each Occurrance Aggregate $ Type of Insurance ŒJ Scheduled Form D Comprehensive Form D Premises/Operations D Products/Compieted Operations D Contractual ~ Other (specify beiow) Owners & Contractors Pr tective D Med. Pay. $ D Personai Injury Coverage/Forms p" p",oo p" A,,;doo' DA D B- Dc Property Damage $ Bodily injury & Property Damage $ Combined Personal Injury Limits 01 liability 500, $ 500, D Liability D Non-owned D Comprehensive-Deductible ; D Cotlision-Deductible. D Medical Payments' D Uninsured Motorist D No Fault (specify): D Other (specify): D WORKERS' COMPENSATION - Statutory Limits (specify states below) ., D.Hired Bodily Injury (Each Person) BodHy injury (Each Accident) $ .$ $ $ Property Damage Bodily Injury & Property Damage Combined ECIAL CONDITIONS/OTHER COVERAGES Designation of Contractor: Hasty-Fowler Construction, Inc. 501 Cactus Lane San Angelo, Texas 76903 D'í!MPLþY~S' LIABILITY - Limit ..' Policy will be issued as soon as new policy Forms are available from company, due to the new forms effective 9/1/87. "ANO ADDRESS OF D MORTGAGEE D LOSSPAYEE D ADD'LlNSURED LOAN. NUMBER 'IN-Ñ-r 7<. ~~' FIELDS STEWART DOLLIVER/dgm 10/26/8 Date CERTIFICATE OF INSURANCE CITY OF DENTON .... arid Address of Agency City of Denton Ref.renca, Fields Stewart Dolliyer Proje&tüilW-r, Street 10 inch Waterline P.O. Box llll Project No: 81508 San Angelo, Tx 9l5~-5656 Project location: Bolivar Street Managing Dept: .... and Addras of Insuf'8d: CcqIanles Affording Co......: Haty-Fowler Construction, Inc. A United States Fire Insurance Company 501 Cactus Lane 8 San Angelo, Texas 9~5-6422 C this Is to œrtlfy itI8t policies of Insur811C8 listed below have ~ IssU8d and a.. In f0f'e8 at tills th., CcqIany Tv"" of I nsu...a- Expl ration ~~.~~~-:~~ Letter PollCII Number 0..... A Coaip....slve 6eneral Liability Occurrence '" Occurrence 5408444259 3/16/88 - Claims Mad8 (see '2-rell8rse) Bodily Injury $ Broad Form to Inclu.., Property 0811\898 $ ...: Preml ses/Operat I ons '" Independent Contractors ",Products/ecx..,leted Operations Bodl Iy Injury and Property $ 500 ",Personal Injury Damage Ccri> I nee! ",Contractual Liability (see fI-reverse) ",Explosion and Collapse Hazard ...:Underground Hazard ...:Llquor Llabll It( Coll8r. ~Flre Legal Llab Iity (see '}-reverse) ~8road Form Property o-g. - Professional Errors/Omissions - occurrence - claims made (see '2-reverse) A ecx..,..--s I ve "'"'->b II. 5408444259 3/16/88 Bodily Injury/Person $ LIability Bodily Injury/Accident $ _xOwnedILeased Automobiles Property Damage $ I -"Noñ-owned Automobiles -"Hired Automobiles Bodl Iy Injury/Property $ 500 Damage Ccri> I nee! -'- A - Workers' eon.,.nsatlon and ~tatutory Amount ~Ioo¡ws' LIability 4083608556 100 eac ace Other Insur811C8 - - - Description of Operations/locations/Vehicles, The City of Denton Is an additional insured as Its Interest may appear as defined on the reverse side, .... and address of Certificate HoI...., CI'lY æ ŒNIm, 'IEJCAS RJrOII\.<>OO AŒNr 901-8 'IEJCAS sr ŒNIm, IT 76201 10/26/87 UATE ISSUED Zte-~OORI~ ~~IVE m; fI\DKE CF CJ:NJmI:m CN IIŒ cr-4 MDaIÐ. J56g CI-3 CONDITIONS AIDITIŒAL llBJRIiD: Tœ City of DEntm, iœ elected a1d <JRDinted officials, atTiœrs a1d ~oyæs, (This cDes rnt çly tD ib1ær's ~,) RJl'IŒ œ CAtnllATIŒ: Prlœ to æy mter:ial dEq;!e a- cax:ellatim, tœ City of DEntm will be givm 3J da,ys a1v<n:e written rDtice mailed tD tœ stata:I <rl:Iress of tœ Certificate lb1œr, City of DBltm, 1 . aNIRAC'lURAL <DIE1IAŒ: (Liàñlity asmœd by <D1træt a- ~t, a1d ¡a,ùd rDt otIErwlæ exist), Tœ cxrrtra::tual .liåñlity recpiraœnt sh:wt aJ tœ reverse side of th:iß Certificate of lnsJrax:e ¡nJer c.......d.lt%öive GaEral Liàñli ty , DIEt :in::lI.IIe a def:ini tim of ~ bnBI ~ tD ¡rovide ~ fa- àlJ.jppt:iaJs asmœd by tœ cmtra::tx:r in tœ reCenn:ed <D1træt. This Certificate of lnsJrax:e :is ~ as I'BJJired by tœ ~ cmtræt;, 2 . ŒAJM3 ~ RI.JCY RIM: Rap:ired pericxI of ~ will be determiœd by tœ f~ fOOlLtla: CcntinnJs ~ fa- tœ life of tœ <D1træt, plus ale year (tD ¡rovide ~ fa- tœ wamnty pericxI), a1d a E!ICt.amd disc.overy pericxI fa- a IIÒniIIUD of 5 yearn which sIBil ~ at tIÉ en:! of tœ wamnty pericxI, 3, FIRE ŒDIL LIABII...TIY: (Rap:ired in all <Drtract.s ttat ÍI1IIOlve tœ~, a:mt.zu:tiaJ a- alteratim of Ci~ a- leased fa:::iJities) , lnsJrax:e:is tD CDVer ~, cmtEnœ (wIEre ~e) a1d ¡a1IaEntiy :installed ecpiptmt with respect tD ¡I'qJ!rty ~ tD stnJctures a- ¡xrt;im3 of stnJctures if ax:h ~ :is caJSed by tœ peril of fire a1d We tD tœ cperat.:i.aE of tœ cmtra::tx:r, Limit of liét>ility :is tD be a IIÒniIIUD of $5OO,CXXJ, CI-4 BID i/9784 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF BOLIVAR STREET WATER LINE 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 agreeã 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 - I It is understood and agreed that the work is to be completed in the number of days shown on the bid tabulation sheets, 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 is case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond, a payment bond, and a insurance certificate within fifteen days after its acceptance, in which case .the bid securi ty shall become the property of the Owner, and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder, It is understood that the Owner reserves the right to reject any and all bids. 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 ADDENDUM II 1 ITEM 5.7-B ASPHALT PATCH ( TYPE D ) MAY BE DELETED FROM THE PROJECT PRIOR TO EXECUTION OF THE CONTRACT AS THE STREET IS GOING TO BE COMPLETEL Y REBUILT AFTER THE WATERLINE IS INSTALLED. THIS ITEM SHOULD STAND ALONE IN THE EVENT IT IS DELETED FROM THIS BID, 9/1/87 BIDII 9784 - BOLIVAR 10" WATERLINE ¡t?~ ~ NOTICE TO BIDDERS Sealed bid proposals addressed to the City of Denton, Purchasing Department, 901-B Texas Street, Denton, Texas, 76201 will be received at the office of the Purchasing Agent until 2: 00 p .m, SEPTEMBER 17. 1987 BlDD 9784 - BOLIVAR ST. 10" WATERLINE ADDENDUM D 2 - ATTACHED The bids will be publicly opened and read, bids received later than the specified time and date will be returned to the bidder unopened. The bids will then be .officially reviewed and awarded by the City Council as soon thereafter as possible. All bid proposals must be made on the printed document forms included in the specifications. The submitted bid shall not be altered, withdrawn, or resubmitted. within 60 days from. and after the date of the bid opening. Each bid must be accompanied by a cashier's check, certified check or acceptable bidders bond payable without recourse to the City of Denton, Texas in amount not less than five (5%) percent of the bid submitted as a guarantee that the bidder will enter into a contract and execute a performance bond, payment bond, and the required insurance certificate and owner's protection policy within fifteen (15) days after the notification of the award of the contract to the bidder. Qualified prospective bidders may obtain copies of the bid invitation with information to bidders, bid proposals, plans and/or specifications at the office of the Purchasing Agent, located at 90l-B Texas Street, Denton, Texas in the Purchasing/Warehouse portion of the Service Center Complex, on deposit of twenty-five ($25,00) dollars per set. Deposit will be refunded provided the documents are returned to the City of Denton, Purchasing Office within fifteen (15) days after the bids are opened. . The City of Denton, Texas reserves the right to reject any and all bids and to waive defects in bids, Minority and small business vendors or contractors encouraged to bid on any and all City of Denton projects. are CITY OF DENTON, TEXAS (817) 566-8311 John J. Marshall, C.P,M. Purchasing Agent This advertisement to run Au~ust 31, 1987 and September 2, 1987 N - 1 ~ ~ ADDENDUM #2 BOLIVAR STREET WATERLINE Item SP-37a (Replaces SP-37) Excavation Protection: The Contractor shall install a timber shoring system to provide safety for all trenches exceeding a depth of 5 feet as per the Occupational Safety and Health Administration's TABLE P-2 "TRENCH SHORING - MINIMUM REQUIREMENTS". The Contractor may elect to meet OSHA safety requirements by other methods described in the OSHA Standards. This specification is applicable for the bore pits on this project, This i tern provides for all materials, equipment and labor required to furnish, install and remove the ~re~ch shoring system, Regardless of the method to be used to shore the di tch, the Contractor ",ust submit a trench safety plan designed and sealed by a registered Engineer specializing in soils and trench stability to the design engineer for approval, Payment: Payment wi 11 be a t the cont rac t uni t pri ce f or each square foot of Excavation Protection installed and removed. This is the Submittal Stamp to be utilized on ALL Trench Excavation Plan Submittals by Contractor on ALL City and Private Projects. NO I::XŒPT IONS EXCEPTI ONS AS NOnD [ ] [ J [ ] REJECTED - RESUBMIT CONTRACTOR ACCbPTS SOLb kbSPlJNSlbILI1'r F01{ CúMPLIANCb wITH 'ALL APPLICABLE SAFETY RbQUIRbMbNTS, THIS RbVlbW IS ONL'! FOR GbNERAL CONFORMANCb Iî llB OSHA SAnTY STANDARDS. RbV I bW Of HiE 1RENCH EXCAVATION PLAN DOES NOT RHlI:.Vb CONTRACTOR I-ROM ANY OR ALL SAFETY AND ClJNSTkUCTIlJN kbSPONSlBILITY IN ACCORDANCE wITH ITEM SP - 37 Uf THb SPEClFICATIOI';S, INLLUIdNú ACCOMMODATlN(j CHAN(jES IN SOIL CúNDIIIlJNS AS THbY OCCUR, THIS RbVIbw DOES NO1 RELIEVE CONTRACTOR Of IT'S SOLE RbSPUNSIBILITY FUR ALL CONSTRUCTION MEANS, MblHODS, TbCHNIQUES AND PROCEDURES; AND ANY PROPERTY DA¡,tAGE OR IWD!L'r INJURY (INCLUDIN(j DbATH) THAT AklSbS FROM USE 01-' THE HCAVATlUN PLAN, FRU/o1 CONlkACTOR'S NEGLIGENCE IN PERFORMANCE OF CONTRACT WORK, OR FROM C 11'1 's FAILURE TO NOTE I:XCbl-TIONS TO THb I::XCAVATION PLAN, ShALL REMAIN THb SOLE RbSPONSI BIL I TY AND LlABIL ITY OF CONTRACTOR, PROJECT BY DATI: CITY Of DENTON ENGINEERING DIVISION 049lE Bolivar Street Water Line WORK DAYS 20 BID NO, 9784 PO NO. BID TABULATION SHEET ITEM DESCRIPTION nUANTITY UNIT UNIT PRICE TOTAL Contractor's Warranties $ 3DOD.1LS $ 3000.00 1.21 and Understandincs LS 2.12.20 10" PVC Water Line 807 LF $ 1'I.,"'.s- /LF $; /~ :2"18.°0 10" Ductile Iron $ /6.~ /LF $ 3..3"'°," 2.12.8 Water Line 210 LF 2.l2.8B Cast Iron Fittinas 0 LB !i: 5.~ ILB 1$ 0 , -' 2 .13-A 6" Gate Valve 2 EA $ 3~'7EA '$ ?5" o. ~ 2.13-B 10" Gate valve 4 EA $ 77S:".!JEA $ 3/oo.~ 2.l6-A 3/4" Water Service 14 EA $ ;;2 65'.~EA . '~3714~ 2,16-B I" Water Service 1 EA !i: ;;210. °-7EA '$ ;:¡ '1&. ,,~ 3-B Remoye Curb & Gutter 8 LF $ 9.co7LF '$ '1.;>, 00 5.7-B AsDhalt Patch (Tv"" D) 70 TON--- !i: 35:t;9ITON $;? </ SlJ, cz.£ Barricades, Detours, !i: 'O£:>O."7LS 1$ 30oo.~ 8.1 and Warnina Sicns LS . $ B.~ /LF...,Ü 8.2-A Concrete Curb & Gutter 8 LF t. if. ".2- Saw Cut Existing $ 3. ø;! /LF 1$ :J</.f?!a. SP-2 ,COncrete 8 LF 18" Bore and Gauge 7 $ /ÐO."!!./LF s;;?f £:>00,°2- SP-5 Steel Casino 210. LF SP-lO Rock Excavation 0 CY $ 3S;°!!./CY $ ¿; SP-14 Fire Hvdrant Installation 2 EA !i: /035. ~EA $;;>0 70, ~ SP-37 Excavation Protection 1200 SF !i: ¿Ç£. /SF $ /..:1£:>0. ~ -.. TOTAL 1$ $'5 33!I. I -.h~ /1,¿..f."" ~ l.1h.n :z Lf50.o 17 / ~ o£. v ~f-- iþ Sz.i3fo7! p - 3 ,: BID SUMMARY TOTAL BID PRICE IN WORDS ;::;-1-+'7 ¡::;Ì/¿ Ilo....s~. Thl""l!! )/.....,Jlr~ E'~Ìt 17 £i<¡ kt- iJo II",rs .....,J) No ú_'T-s In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract, It is understood that the work proposed to be done shaiÍ' 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 iisted in this proposal, shall control over extensions. 1-k~-Hx."/-erCo'~st, J"c. CONT ACTOR BY ~ ~..... ('Rick,! fD...,ier) R-e.sì<!e.;:f- .5.u.. fi,,-'I"/o ì'e~"l" City and Btate 7"-"/03 f\. ppp.Q'L~9. r.~' C!f:<jcal . . NíON C\í O:S~G OE-Pí. p \,}\:~. C r\ 5ó¡ C4.:t..." ~..£.. Street Address Seal & Authorization (If a Corporation) "::;/5"- 655'- t, 'I:Z:2.. Telephone P - 4