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1987-1310923L No AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has solicited, received and tabulated competitive b~ds for the construction of public works or improvements in accordance with the procedures of state law and C~ty ordlnances, and WHEREAS, the C~ty Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible b~ds for the constructlon of the public works or lmprovements described in the bid ~nv~tat~on, bid proposals and plans and specifications therefore, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive b~ds for the construction oK public works or improvements, as described in the "Bid Invitations", "B~d Proposals" or plans and specifications attached hereto are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 9760 Hasty Fowler Construction Co ~ 87,404 00 9764 Calvert Paving Co $123,675 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 ~mprovements herein accepted and approved, until such person shall comply w~th all requirements specifIed in the Notice to Bidders ~ncludlng the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the b~d SECTION III That the C~ty Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance wlth the bids accepted and approved here~n, provided that such contracts are made in accordance with the Notice to B~dders and B~d Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained there~n SECTION IV That upon acceptance and approval of the above competitive b~ds and the execution of contracts for the public works and improvements as authorized here~n, the City Council hereby authorizes the expenditure of funds ~n the manner and ~n the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That th~s ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED th~s the 4th day of August, 1987 ATTEST JE~FEi~ W~LTERS, ~Y SECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY PAGE TWO DATE August 4, 1987 CITY C0UNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID# 9760 BOLIVAR STREET g" SANITARY SEWER LINE RECOI~IENDATXON We recommend this bid be awarded to the low bidder, Hasty Fowler Construction Co at $g7,~0~ 00 This bid invitation was sent to our vendor list for Water and Sanitary Sewer hnes and received four bids They ranged from a low of $87,~0~ 00 to a high of $1~6,26A~ 00 The low bid is a very good bid and the Contractor is now finishing the second award from the City of Denton The Pubhc Utihty Advisory Board recommended the award at their July 22 meeting BACKGROUND Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED This ts a Utility Capital Improvements Pro)ect The street overlay will follow the installation of this sanitary sewer line FISCAL IIIPACT . There is no additional impact on the General fund Respectfully submitted Lloyd V tlarrell City Manager Prepared by //'Ti tl e Purchasing Agent Approved ~ Marshall, C P M llJ~]~, Purchasing Agent DATE August q 1987 CITY COUHCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID# 976t~ PECAN CREEK DRAINAGE CHANNEL RECOI~IEIiDATION V/e recommend this bid be awarded to the lowest b,dder Calvert Paving Co of Denton for $123,675 O0 SUI~RY This bid ,s for the pavin§ and rip rap o~ Pecan Creek Drainage Channel It w,11 improve drainage by allowing the channel not to collect trash and debris this invitation was sent to some 20 or more prospective bidders We received i~ve bids ranging from $123,675 00 to $173,385 oo BACKGROUND Tabulation Sheet PROGRAHS, DEPARTMENTS OR GROUPS AFFECTED This is part of the 1987 Bond Program FISCAL II,ACT Bond Fund #~36-020-GO87-8707-9105 There is no additional impact on the current General Fund Respectfully submitted Lloyd V tlarrell City Manager Prepared by Approved ~am~./ io~ 3 Marshall, C P M lJCle, Purchasing Agent &'7-/.3 / . ¡ fò)Œ@ŒD\YlŒmì! m! 5EH 001 -\W CITY Of OENTON CITY MANAGERS OffiCE CONTRACT AGREEMENT STATE OF TEXAS ) ( COUNTY OF DENTON )( THIS AGREEMENT, made and entered into this ~ day of A.D., 19~, by and between THE CITY OF DENTON. TEXAS AUGUST of the County of DENTON and State of Texas, acting through LLOY[) V. HARREl L. CITY MANAGER thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and CALVERT PAVING COMPANY P.O. BOX 268 DENTON. TEXAS 76202 of the City of and state of nFNTON TEXi\S (817)387-6831 , County of nFNTON , 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: BIOI! 9764 PECAN CREEK DRAINAGE CHANNEL' PURCHASE ORDER I! 80128 $101.520.00 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-l 0O44b In-itten explanatory matter prepared by thereof, and the Specifications therefore, as THE CITY OF DENTON. TEXAS ENGINEERING DEPARTMENT, JERRY CLARK, PE, , 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. lJTY MANAGER (SEAL) ATTEST: ~S>=-."c-) ~ (' G2.>ß' ,dG> ~ CALVERT PAVING CO. Party of the Second Part, CONTRACTOR By ~ tl- ¿~t>~\c\-ed- Title ( SEAL) CA-2 0044b PERFOlUlANCE BOND STATE OF TEXAS ) ( COUNTY OF DENTON) ( KNOW ALL MEN BY THESE PRESENTS: That CALVERT PAVING CO. , of the City of DENTON County of DENTON , and State of TEXAS as PRINCIPAL, and , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON, TEXAS as OWNER, in the p~al sum of ONE HUNDRED ONE THOUSAND. FIVE HUNDRED TWENTY Dollars (¡ 1 0 1 ';70 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 AUGUST, 19..E, for the construction of BIOI! 9764 - PECAN CREEK DRAINAGE CHANNEL 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 1£ 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-l PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that 1£ any legal action be filed upon this bond, venue shall lie in DENTON County, S~ate 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 suret~nhave signed and sealed this instrument this 20th day of August, 19_, Calvert Paving CorDoration Principal By ? {l. ç;J2- Title '9~~ à~ Title Attorney-In-Fact Address P.O. Box 268 Address P.O. Box 225028 Denton. TX. 76202 Dallas, TX. 75265 ( SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Ramey, King & Hinnis 707 First State Bank BId. Denton, TX. 76201 NOTE: Date of Bond must not be prior to date of Contract. PB-2 0O91b The Trini~ ~ Companies Dallas. Texas 75201 LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY, each a Texas Cacpocatlon and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INc., a Kansas Cacpacotlon do heceby appoint M. G. RAMEY, TERRELL W. KING, III, RANDALL L. MINNIS, OR JEFF P. KING -DENTON, TEXAS 1<> tcue and lawful Attocney(s)-In-Fact, with full authocltyto execute on Its behalf fldel;,y and sucety bonds oc undectakings ond othee documents of a similac chacactee Issued in the cauese of Its business, and to bind the cespective company theceby. EXCEPT NO AUTHORITY IS GRANTED FOR, I. Open Penalty bonds. 2. Bands whece Altomey!s) -in-Fact appeac as a pony at Inteeest. IN WITNESS WHEREOF, TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL IN- SURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INc., have each ex~cuted and attested these pcesents FEBRUARY 19 87. ð:~G.1z::T12~ AUTHORITY FOR POWER OF ATTORNEY That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY, each a Texas Cocpacation and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INc., a Kansas Cacpocatlon, m puesuance of authaclty gconted by that ceetain cesalutlon adopted by theic cespectlve Boacd of Dicectacs on the 1st day of Macch, 1976 and of which the following Is a "ue, full, and complete copy' "RESOLVED, That the Pcesident, ony Vice-Pcesident, ac any of each of these Companies be and they ace heceby authacized and empaweeed to make, execute, and in behalf of these unto such peesan oc within the United States of may select, its of Attamey and each such peesan Its fu II powec and authac- ity to moke, execute and foc in its nome and In Its as sucety, any pactlculac bond ac undectaklng that may be in the twitocy, undee such and ces"lctlons, both as to naluee of such bonds ac undectoklng as to limits of to be undenaken by these Componies, as said Officees may deem pcopee, the naMe of such bonds oc ond the limits of liability to which such Pawees of Altamey may be cestelcted, to be in each instance specified in such Pawee of Altomey. thls~day of RESOLVED, That any and all Altameys-In-Fact and Offlcees of the Including Assistant Seue- tacies, whethec ac not the Seuetacy Is absent, be and ace heceby and empaweeed to cenlfy oc copies of the By-Lows of these Companies as well as cesalutlon of the Dicectacs, to do execution of hands, conteacts of and all othoc wcitings abligatacy the naluee theeeaf, oc with cegacd to powees of any of the afflcecs of these Companies oc of Attacneys-in- Fact. RESOL VED, Thot the of any of the peesons desulbed in the hegalng cesolution may be fac- simile slgnatuces as oc cepcaduced by any focm of typing, pclnting, stamping oc athee cepcaduotion of the names of the peesons heceinobove authoci 'ed." CERTIFICATION OF POWER ATTORNEY I, Judith E. Fagan, Cocp. Seccetmy of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do heceby cectlfy that the facegaing Resolution of the Baocds of Dicectocs of these Cocpacotlans, and the Pawec Auaeney Issued puesuant theceto, ace t,ue and ca"ect and a,e stili In full facce and effect. IN WITNESS WHEREOF, I have heeeunta set my hand and affixed the facsimile seol of each Cocpacatian 20th this_day of August 87 ,19-. r;:b-h?'1~ ¿ rft~ Ú"UOITH E. FAGAN. CORP. SECRETARY 6-"" REV. 3-'2 PAYHENT BOND STATE OF TEXAS ) ( COUNTY OF DENTON ) ( KNOW ALL MEN BY THESE PRESENTS: That CALVERT PAVING CO. DENTON of the City of DENTON , and State of TEXAS, as principal, and County of 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 ONE HUNDRED ONE THOUSANn. FIVE HIlNnR En TWENTY nOll ARS Dollars ($ 101 520.00 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 2- day of AUGUST , 19 ~ BIOII 9764 - PECAN CREEK DRAINAGE CHANNEL 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 20thday of Augus t , 19 87 Calvert Paving Corporation Principal By;?/Ä ~ Title ~ rei \c\eli'--\- Title Attorney-In-Fact Address P.O. Box 263 Denton, TX. 76202 Address P.O. Box 225025 Dallas, TX. 75265 (SEAL) ( SEAL) The name and address of the Resident Agent of Surety is: Ramey, King & ¡.1innis 707 First State BanK Bldg. ---- Denton, TX. 76201 PB-4 0092b TheTrini~ ~ Companies Dallas. Texas 75201 LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY each 0 Texas Caepaeation and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INc., ~ Kansas Coepocatlon do heeeby appoint M. G. RAMEY, TERRELLW. KING, III, RANDALL L. MINNIS, OR JEFF P. KING - DENTDN, TEXAS Its "ue and lawful Attamey(s)-In-Foct, with full outhocltyta execute an Its behalf fidelity and sueety bonds OC undenaklngs and athee documents of a slmlloc chaeactee Issued In the caucse of Its business, and to bind the eespectlve company theeeby. EXCEPT NO AUTHORITY IS GRAfnED FOR, L Open Penalty bonds. 2. Bands wheee Attmney(s) -In-Fact appem as u pony at Inteeest. IN WITNESS WHEREOF, TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL IN- SURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INc., have each ex~cuted and attested these peesents FEBRUARY 19 87. &~G.1£:T~~ AUTHORITY FOR POWER OF ATTORNEY Thot TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY each a Texas Cocpoeatlon ond TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INc., a Konsa; Coepoeatlon, In pucsuance of outhoclty geanted by that ceetaln eesalutlon adapted by thele ee,pectlve Booed of Dleectacs on the 1st day of Maech, 1976 and of which the following Is a teue, full, and complete COpy' "RESOLVED, That the Peesldent, any Vlce-Peesldent, ae any Seuetoey of each of the>e Companies be and they ace heeeby authocl,ed and empaweeed to make, execute, and dellvee In behalf of these Companies unto such peeson m pee sans within the United States of Ameelca, as may select, Its Powee of Actocney constituting and each such pecsan Its Attamey-In-Fact, full pawee and authae- "y to make, execute and foe In Its name and In Its behalf, a> sueety, any pactlculac bond ae undenaklng that may be In the te"ltoey, undee such limitations ond ees"lctlons, both as to natuee of such bands ae undectoklng as to limits of to be undeetoken these as >old Offlcees may deem peapee, tho natuee af such honds ae and of to which such Pawees of Attamey may be eestelcted, to be In each Instance In such Powee of Attomey. RESOLVED, That any and all Attameys-In-Foct and Offlcees of the Companle" Including Assistant Seue- taeles, whethee m not the Seuetaey Is absent, be and ace heeeby authoclzed and empaweeed to cectlfy ae veelfy caples of the By-Law> of these Companies as well a> eesolutlan of the Dleectacs, having to do with the execution of bonds, cantcacts of and all othee weltlngs abllgataey In the natuce theeeaf, oc with eegaed to pawees of any of the afflcecs of these Companies m of Attocneys-In- Fact. . thls~day of RESOLVED, Thot the slgnatuee of any of the peesans desulbed In the faeegolng ee>olutlon sl ml Ie slgnatuces as fixed ae eepcaduced by any faem of typing, pelntlng, stamping ae athee the names of the peesons heeeinobave authoelzed." CERTIFICATION OF POWER ATTORNEY I, Judith E. Fagan, Coep. Seuetmy of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INe. do heeeby eNtlfy that the foeegalng Resolution of the Baaeds of D"eetocs of these Caepoeatlans, and the PawN Aftomey Issued pucsuant theeeto, ace two and eo"eet and °'0 stili In lull lo,ae and effect. IN WITNESS WHEREOF, I have heeeunto set my hand and affixed the facsimile seal of each Coepocatlon 20th thl>_dayaf August 87 ~/~~ ¿ rfr~- Ú,"UD<TH E. FAGAN. CORP. SECRETARY B-"" REV. 5-82 ~IAINTENANCE BOND STATE OF TEXAS ) ( COUNTY OF nFNTON ) ( KNOW ALL MEN BY THESE PRESENTS: THAT as Principal, and a Corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sum of TEN THOUSAND, ONE HUNDRED FIFTY-TWO DOLLARS Dollars ($ 10.152.00 ), 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. CALVERT PAVING CO. This obligation is conditioned, however, that: WHEREAS, said CALVERT PAVING CO. has this day entered into a written contract with the said City of Denton to build and construct BIOfI 9764 - PECAN CREEK DRAINAGE CHANNEL 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-l 0O93b NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect, It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF the said Calvert Paving Corpor8tion as Contractor and Principal, has caused these presents to be executed by Kamey, King & l1innis and the said Security National .Lsn. Co. as surety, has caused these presents to be executed by its Attorney-in-Fact Terrell 1¡]. King, III and the said Attorney-in-Fact has hereunto set his hand this lUthday of August 19 87. SURETY: PRINCIPAL: Security National Ins. Co. Calvert Paving Corporation BY: Ramey, King & l1innis MB-2 0O93b TheTrini~ ~ Companies Dallas. Texas 75201 LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, Thot TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY, each a Texas Caepoeatlon and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INc., a KansasCaepoeahandohecebyappalnt M. G. RAMEY, TERRELL:W. KING, III, RANDALL L. MINNIS, OR JEFF P. KING - DENTON, TEXAS Its tcue and lawful Attamey(s)-In-Fact, with full authoelty to execute an Its behalf fidelity ond sueety bonds ac undectaklngs and othee documents of a slm;loe chmoctec Issued In the couese of Its business, and to bind the eespectlve company theeeby. EXCEPT NO AUTHORITY IS GRANTED FOR I. Open Penolty bonds. 2. Bands wheee Attomey(s) -In-Fact appeac as a pocty ot Inteeest. IN WITNESS WHEREOF, TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL IN- SURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INc., hove each ex~cuted and attested these peesents FEBRUARY 19 87. ~G.~T~~ AUTHORITY FOR POWER OF ATTORNEY That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY each a Texas Coepoeatlon and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC, a Kansa~ Coepoeotlon, In puesuance of authae"y gcanted by that cenaln eesolutlon adopted by thele eespectlve Booed of Dleectaes on the 1 st day of Moech, 1976 and of which the following Is a \cue, full, and complete copy' "RESOLVED, That the Peesldent, any Vlce-Peesldent, oe any of each of these Companies be and they oee heeeby authael,ed and empoweeed to make, execute, and In behalf of Camponles unto such peeson ae peesons within the United States of moy Its Pawee of Attomey conshtutlng and each such peesan Its full powec and authae- Ity to moke, execute and foe In "s nome and In "S as sueety, any pactlculac bond ae undectaklng that may be in the specified temtoey, undee such and eestclctlons, both as to natuee of such bands oe undeetaklng and as to Ilm"s of to be undenaken by these Companies, a, ,old Office" may deem ocopee, the naMe of ,uch bonds oe and the !Imlts of liability to which such Pewees of Attomey may be eestclcted, to be In each instonce 'peclfled In such Pawee of Attomey. thisÆ!:!-dayof RESOLVED, That ony and all and Offlcees of the Including Assistant Seue- taeles, whethee ac not the Soceetaey absent, be and ace heeeby and empoweeed to ceehfy PC copies of the By-Lows of these Companies as well as any ee,aluhan of the Dleectocs, to do execution of bands, can\cocts of Indemnity, and all othec weltings abllgatoey the noMe theeeof, PC with eogoed to powees of any of the offlcees of these Companies oe of Attameys-In- Fact. . RESOLVED, That the of any of the peesons de,ulbed in the faeegolng eesolutlon sl ml Ie slgnatuees as oe eepcaduced by any foem of typing, pelntlng, stomping oe athee the names of the pecsans hecelnabave outhoel,ed." be foc- of CERTIFICATION OF POWER ATTORNEY I, Judltn E. Fogan, Caep. Seceetmy of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do he,eby ce,tily that the Resolution of the Bopcds of Dleectoes of these Coepoeations, and the Pow.. Altomey i ssued puesuont me teue and co"ect and a,e stl II In full fa,ce and effect. IN WITNESS WHEREOF, I have heeeunta set my hand and affixed the facsimile seal of each Coeomatlon this 20th day of August 19~. ~:(7¡,," / rft~ Ú,"UD<TH E. FAGAN. CORP. SECRETARY 6-"'4 REV. '-02 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 wor k and/or mater ial has been completed/delivered and accepted by the Ci ty 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: 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 ¡¡SOO,OOO 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-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 prov ide 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 fot 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 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 appropr iate limits are indeed enforced, The certificate shall also indicate that the Owner will be given at least thirty (30) days wr i tten notice of cancellation, non -renewal, or mater ial change of the required insurance coverage. All responsibility for payment of any sums resulting from any deductible ptovisions, corridor or self-insured retention conditions of the policy Ot policies shall remain with the Contractor, ~ Contractor shall not beqin 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 CERTIFICATE OF INSURANCE CITY OF DENTON ,... and Addnoss of AttJtrv:y Ramey, King & ;-linnis 707 First State Bank Bldg. CIty of Denton Referenc:8: Project N_: Project No: PECAN CREEK DRAINAGE BIOff 9764 Denton, TX. PIIon8 382-9691 Project location: Managing Oept: CcqI8nles Affording Cover.: A fu~ERICAN GENERAL .... and ~s of I nsu,...h Calvert Paving Corporation P.O. Box 268 D"nrnn TX PIIon8 1R7-nR11 B C This Is ia ...-tlfy 'ttIat policies of InsurllftOll Ils1'8d belOll ha... b88n Issued and are In fOl'Ct8 at 'tills tll.. ~y Letter T of I nsur8ftC8 Poll E>q>lratlon N"""'r Date Llllits of LIability I n Thousancls DOO A ~sl... General Liability - Oc:currenc:8 - Claims Mad8 <- f2~se) 8n>ad Fom ia Incl...., - P...."I ses/Operat I ons - Independent Contractors - ProcIucts/~leted Operations - Personal Injury - Contractual Liability <- ,I-reverse) - E>q>loslan and Collapse Hazard - Underground Hazard - Liquor Liability Cover. - Fire Legal Liability <- ,J-reverse) - Broad Form Property Damage G 48806760 10/3/8 Occurrence Bodily Injury Property D8118!J8 $ $ Bodl Iy Injury and Property D8118!J8 <:crill ned $ 500 - Professional Errors/Omissions - occurrenca - claims made <- '2-reverse) A ~"""sl.. AutoadIII. GL 38808040 0/3/87 Bodily Injury/Person $ Liability Bodily Injury/Accident $ - Owned/Leasecl Autcmoblles Property 0aIMge $ - Non.-necl Autcmoblles - Hired Autcmoblles Bodily Injury/Property $ 500 Domage <:crill ned A - ~s' CoIIpensat I on and TC 21196985 6/6/88 Sta~fflfr mrS 0 0 Eft1Iloyers' Liability ace A ~1'I~!t'J!:m VB 87341836 6/30/8 5,000 08scrlptlon of Operatlons/lAcatlons/V8hlcles. The City of Denton is an additional insured as its Interest may _r as defIned on the reverse side. CITY CF rm:rrn, 'IEXAS R.1IDIASIl«; AŒNl' 'PI-B 'IEXAS sr rm:rrn , IT 76201 ,... and address of CerTificate Holder. iJ56g CI-3 CONDITIONS AIDmaw. llBHD: Tœ City of Dental, its elected GI1d aRJOinted officials, af'fic::ers GI1d~. (This 00es IDt a¡:ply Ix> ltrIœr's ~.) IIJ1'IŒ œ CAIOIImŒ: Prier to æ¡ DBteria1 ~ a- an:ellatia1, tre City of Dentcn will be givm 3) days aMŒe wrlttm rDtiœ lŒIiled Ix> tre stated ¡ùjress of tre Cert1ficate Iblder, City of Dental. 1 . a:NIRI!CIIJIIAL <DIæAŒ: (I.i.årl1ity ass.DEd by cx:ntræt a- ~, GI1d w;llid IDt otJErw:ise exist). Tœ cx:ntm::b.Ial liability l'EQliraœnt stxwl at tre reverse side af this Cert1ficate af Insun:n::e t.n:Ier- ~d.","';'ve GerErnl I.i.årl1ity, III.ISt 1Ix:luJe a defin:itim of ~ brca:I En1.Wl Ix> ¡xuvide ~ fa- ""1 iFlY1S ass.DEd by tre a:ntract.cr :in tre refenn:ed cx:ntræt. This Qrtificate af Insun:n::e is ¡:rovided æ reqJ1red by tre ~ a:nt:rnct. 2 . (1AIM\ MIlE RI.Icr RIM: IIapired per:ia1 af ~ will be determiœd by tre folJLwirß fam.ùa: Cœt!nn.5 ~ fa- tre life of tre a::ntrac:t, plus aE year (Ix> ¡xuvide ~ fa- tre wammty per:ia1), GI1d a ertmIed disr:I::Ney per:ia1 fa- a minim.m af 5 yœro which sIÐll begin at tre en! af tre wammty per:ia1. 3. FIRE ŒDIL LIABILTIY: (1Iapired:in all a:ntra:ts 1iBt irnIolve tre~, cmstlu:tia1 a- alterntim af Ci~ a- leased facilities). Insun:n::e is Ix> a:Nel' WilcIiqI;!, cXntmts (wbere ~lirm1") GI1d pemaEI1tly :installed Eq..IÍpII!!nt with respect Ix> ~ ~ Ix> stru:tures a- ¡xrtims af stru:tures jf SJCh ~ is c::a.œd by tre peril af fire GI1d We Ix> tre ~ af tre a:ntract.cr. Umit af liability is Ix> be a minim.m af $500,000. CI-4 BID ¡¡~ PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF 1987 CIP DRAINAGE LOWER PECAN CREEK DRAINAGE CHANNEL 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 maae without collusion with any other person, firm or corporation; that he has carefully examined the form of contract, Notice to Bidaers, specifications and the plans therein referred to, and has carefully examinea the locations, conditions, ana classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, ana 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 under stood that the following quant i ties of wor k to De done at unit prices are approximate only, and are intended principally to serve as à guiae in evaluating bids, It is agreed that the quantities of work to be done at unit prices and material to be furnishea may De 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 performea at the unit prices set forth below except as provided for in the specifications. It is further agreea that lump,sum prices may be increasea 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 oraered. It is understood and agreed that the work is to be completed in full within the number of worK days shown on the bid taDulation sheet. P - 1 !,. Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on ; other contracts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans ~nd specifications, for the following sum or prices, to wit: P - 2 .1987.CIP DRAINAGE lOWER'þECAN CREE~ DRAI~AGE CHANNEL ITEM 1.21 3.3 3.7 8.1 8.15 SP-2 SP-lO SP-25 g,/s: WU1<J<. u,u:, BID NO. PO NO. BID TABULATION SHEET DESCRIPTION I Contractor's Warranties and Understandin s I Unclassified Excavation Com acted Fill I Barricades, Warning/ I Detour Signs I Concrete Rip-Rap Saw Cut Rock Excavation Remove Concrete Flume I=M I I~ .1 ¡ Q.e-.t~ ~f~~l1-~1 \ ~~~'P. I D I PURCHASING DE!". II~ QUANTITY UNIT LS 3,130 CY 225 CY UNIT PRICE LS 5,050 SY 10 0 10 \ I ! /tJ5.s I I I I I $500 .c'-~/ LS I I $-5\.CO/ SY I I :2/ !!' P - 3 ~~~fI; TOTAL I .~. . <:;-, r.~ ~",.~'-.,."..' , \ '2 S .c)'C' . 500,ce \L~\""IC)SO.OD cc-c:. "c, - cc_, .(~';;-:'I I \ $ ".:2:5'~fl5.CC:- I I I r-Z.tl lñP~ Þ #1"-20" .J" BID SUMMARY TOTAL BID PRICE IN WORDS 7..),'.". ,.-",."..'\"c\',ec:i:\ ""\:~'J{.c."v---.. -r'r.,-~ 'c: . '-":'"'-'c:)'.-.è:;-,,-,,-;,- "':::,( \~J,-'<:\r~_':c':.,-~..:o'.J':>,":~,', \-,.\;c:; '-' "--'" \'.J \) /" '3::::) 'oJ In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and (acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plins and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. Ceo1\JE'rT \~\J\,'yè, Ò::)',?cn:-,-~c:, ,-" CONTRACTOR .~ BY?:tJ. ~. ç:> -(.\ - '~rr: ~\::.;S Street Address ~~~. ~'X~~~~lùL- City and State Seal & Authorization í7~~-'ì\ ?~" __I "":7. \ (If a Corporation) \~ Jl ~~'\ O'~~ Telephone P - 4