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1986-171 0923L NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therefore, and WHEREAS, Section 2 36 (f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $10,000, and WHEREAS, Section 2 09 of the City Charter requires that every act of the Council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance, 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 Invita- tions", "Bid Proposals" or plans and specifications attached hereto are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 9632 Hasty Fowler $370,031 10 9644 Albenesius Contracting $ 67,520 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 SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and PAGE ONE Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 2nd day of September, 1986 RAY HENS MAYOR CITY F DENTON, TEXAS ATTEST C A LO A LEN, I Y ECR ARY C OF ENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY PAGE TWO DATE September 2 1986 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BIDIl9632 UNDERGROUND DUCT BANK SYSTEM RECOMMENDATION We recommend this bid be awarded to Hasty-Fowler Construction, Inc as indicated by the Utility Department, as the low acceptable bid for $370,031 10 SUMMARY This bid invitation was sent to over twenty prospective vendors We received three bids ranging from $317,651 25 to $372,899 00 The low bidder did take exception and included a rock clause at $30 00 per yard removal and a limit of $21,000 00 utility relocation clause We feel that with the old utilities of water, sewer, gas, telephone and other utilities that could require an unknown extra cost to relocate The rock is also an unknown The Utility Department feels that they are safer going with a fully qualified bid BACKGROUND Memo from Ernie Tullos and Robert Nelson Tabulation sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED FISCAL IMPACT C I P Utilities There is no additional impact on the General Fund Respectfully submitted Lloyd V Harrell City Manager Prepared by G3~ ame o n J Marshall, C P M Title Purchasing Agent Approved am n J Marshall, C P M Title Purchasing Agent DATE September 2, 1986 CITY COUNCIL AGENDA ITEM TO MAYOR AND MEMBERS OF THE CITY COUNCIL FROM Lloyd V Harrell, City Manager SUBJECT Bid #9632 - Downtown Square Underground Duct Bank RECOMMENDATION It is recommended by the Public Utility Board at the regular meeting August 20, 1986, that the low bid by Hasty Fowler Construction Incorporated in the amount of $370,031 10 be accepted SUMMARY Conversion of the overhead electric system on Pecan, Cedar, Walnut and Austin are part of the Capital Improvement Program It is intended to improve the appearance of the downtown area and encourage renovation Three spare conduits have been included in the duct system for future use by General Telephone Company and Cable TV General Telephone has agreed to put this project in their 1987 budget and will pay a pro rata of the cost of the conduit excluding mahholes PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED General Public, Downtown Property Owners, Electric Utility Department FISCAL IMPACT The entire underground project was originally estimated to be $500,000 It was scheduled to be started in 1985 It was anticipated to have the conduit system completed prior to 10/1/86 At this time CIP-87-ED-5A in the amount of $354,000 is scheduled in the 1987-91 Capital Improvement Program Respectfully Submitted Lloyd V Harrell ftBTu'4' BY City Manager E s Assi stant Director of Utilities, Electric APPROVED R E Nelson Director of Utilities, Electric ATTACNr4ENT I `OS CITY OF DENTON d L71L171! M E M O R A N 0 U M TO: Ennie Tullos, Assistant Director of Utilities, Electric FROM Donald L McLaughlin, Senior Engineer DATE August 15, 1986 SUBJECT: Bid 9632 - Underground Duct Bank we recommend that the low bid by Hasty Fowler Construction Incorporated for $370,031 10 be accepted The bid by Lewis Dickerson was rejected due to exceptions taken by Dickerson to the contract This bid only covers installation of 3100 feet of duct system around the Downtown Square In addition to the duct system, the following will need to be done 1 Primary electric distribution system needs to be installed Estimated cost $250,000 2 Customer hookup to underground No estimate 3 Removal of overhead electric lines No estimate /DLLMM bw 1 I ~ I r I ! - I y I I N _ ~ I I I I 1 I 4 S 9 1l I I i R J I Y f 4 I I S S - I x i u z c ~ ~ c _ I r i I r t I I _ _ r_ _ ~ A 1 1 ~ o I -i i _ I _ Y I I S I S J 1 7 I 1 I I ` IA 1 F1 C Y U_1 I / 0+ N T 13] L - - -t 0. !P R - A4 1 1 S v D I~ C C a At _ I I I I v i r ~ i ca n - W Al I I 1 x 1 1 M - 1 I 1 I I I I 1 c r ~ r I i r 1 u 9 c r w Y + n .e M _ I I I 1 c^ I I I IT I CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF Denton § THIS AGREEMENT, made and entered into this 3 day of SePtemher A.D., 19$x, by and between The City of Denton of the County of Denton and State of Texas, acting through Lloyd V. Harrell thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and Hacty-Fnvler Cnnstrurtin Tne Ricky Fowler, President 501 Cactus Lane of the City of San e„gol , County of and state of Texas , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: BID# 9632 UNDERGROUND DUCT BANK SYSTEM $370,031.00 PURCHASE ORDER # 75071 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, ana in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore,as prepared by DENTON MUNICIPAL UTILITIES DENTON, TEXAS al of which are made a part hereof and collectively evidence and constitute the entire contract. CA - 1 s 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. ATTEST: CITY OF DENTON HASTY-FOWLER CONSTRUCTION, INC. Party of the First Part, OWNER Party of Second Part, (Contractor) B EY LLOYD V. HARRELL, CITY M ,RICKY -FOWLER, PRESIDENT (SEAL ) WITNESS NESS ATT T APP V AS TO FORM: City Attorne CA - 2 ISSUE DATE (MM/DDNY) 10-21-86 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. AUSTIN SURPLUS LINES AGENCY, INC. P. 0. 1921 COMPANIES AFFORDING COVERAGE AUSTIN, TEXAS 78767 COMPANY A LETTER SCOTTSDALE INSURANCE COMPANY COMPANY INSURED LETTER B CITY OF DENTON COMPARNY C LETTE 901-B TEXAS ST. DENTON, TEXAS 76201 COMPANY D LETTER ATTN: JOHN J. MARSHALL COMPANY E LETTER Isial'A THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTP DATE IMMNONY) DATE (MWDDA'11 EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY COMPREHENSIVE FORM INJURY $ $ A PREMISES/OPERATIONS PROPERTY UNDERGROUND DAMAGE $ $ EXPLOSION & COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS 81 A ED CONTRACTUAL COMBINED $1,000 $ 1 , 000 XX INDEPENDENT CONTRACTORS GLS 083535 10-9-86 3-16-87 BROAD FORM PROPERTY DAMAGE H PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BOMLY RNS01O $ ANY AUTO (PER R ALL OWNED AUTOS (PRIV. PASS) BOOLY IN111AY ALL OWNED AUTOS OTHER THAN PRIV PASS. IFEnDfRR $ HIRED AUTOS PROPERTY NON OWNED AUTOS DAMAGE $ GARAGE LIABILITY BI 6 Po COMBINED $ EXCESS LIABILITY UMBRELLA FORM Ell & E NEO $ $ COMB OTHER THAN UMBRELLA FORM STATUTORY WORKERS' COMPENSATION $ (EACH ACCIDENT) AND $ (DISEASE-POLICY LIMIT) EMPLOYERS' LIABILITY $ (DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS CITY OF DENTON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 901-B TEXAS ST. MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE DENTON TEXAS 76201 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES. ATTN: JOHN J. MARSHALL AUTHORIZED REPRESENTATIVE / 0. f, tom! V 0. • i a CIsR'1'IFICK1•I1, OR INSURANCE THIS IS T'O CI?RTIFY Ural the following policies, subject to their terms. conditions and exclusions, have been issued by the company or companies shown below: 'IfHS CIA11IFICATE OF INSURANCF neither affirnraIively or negatively amends, extends or at tors the coverage afforded by the policy or policies shown below, nor is it all endorsement Il rakltig till` person, lieu or cotporatton at whose ietpicsl it is issued au additional iusuled on the policy or policies refereed to herein. In lire event of airy material change in or cancellation of the policy or policies, the company or companies wilt mail left (10) days' written notice to the party to whom this certificate is addressed, NAME AND ADDRESS OF PAnTY TO WHOM CEnTIFICATE IS ISSUED DATE: 9-16-86 I- --i REMARKS: City of Denton Bid 11 9632 901-8 Texas St. Denton, TX 76201 Attn: Jolni J. Marshall, C.P.M. I_ Purchasing Agent IJAN.E AHU ADDNESS OF ❑JSUIIED: Iticky Fowler dba ilasty-Fowler Construction Co. 501 Cactus Lane San angelo, Texas 76903 Policy Effective Expiration insurance Company Typo of Insurance Number Dare Date LIMITS OF LIABILITY' Workmen's Compensation Statutory and Employers Liability Employers Liability Limits-$100,000 Comprehensive Bodily Injury Scottsdale Ins. General Liability GLS 055005 3-16-86 3-16-87 Company $ 1 OOO 000 Each Occurrence_ BI 6 PD COMB7 NED 1 OOO,OOOAegregate l'mdncu $1,000,00( $ , & Cim eletad Operauo Property Damage $ ,1,000,01)QecbOccurrence ;1, 000, OOO Aggregate Opetallons $ 1, 000, 000/Aggrcgare Protective I$1, 000, OOOAggreyete Conuactual r 1 OOO OOO aggregate r'ronucts _ E a a & Completed Operatic, Comprehensive Bodily Injury Landmark American Automobile Liability" GLA 2012997 3-16-86 3-16-87 E 100 Each Person $--300 Each Occurrence Property Damage $ 100 Each Occu,rence Absence of eery appropriate entry memos to such insurance is in force. ThulE AND ADDRESS OF AGENCY : "Covers all owned, nort-owned or hired vehicles. AUSTIN SURPLUS LINES AGENCY, INC. P.O. Box 1921 Austin, Texas 78767 _ 512/476-7431 -!1m,r~~ ~~sQcnr _ PnnDE IllifmF.P. OF AGF'ICY Authnrired liepresentabves of rite Insurance Companies rerened to above CI-2 CER-I-IPIGC('EOF INSURANCE l-NCt LIVL(J 6LP 2 f¢ 1986- THIS IS TO CERTIFY that the following policies, subject to their terms, conditions and exclusions, have been issued by the company or companies shown below: THIS CERTIFICATE 01' INSURANCE neither affirmatively or negatively amends, extends or alters the coverage afforded by the policy or policies shown below, nor is it an endorsement making the person, f inn or corporation at whose request it is issued an additional *insured on the policy or policies referred to herein. In the event of any material change in or cancellation of the policy or policies, the company or companies will mail fell (10) days' written notice to the party to whore this certificate is addressed. NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED DATE: 9-16-86 r -I REMARKS: City of Denton Bid 0 9632 901-B Texas St. Denton, TX 76201 I- Attn: John J. Marshall, C.P.M. J Purchasing Agent NAME AND ADDRESS OF INSURED: Ricky Fowler dba Hasty-Fowler 'Construction Co. 501 Cactus Lane San angelo, Texas 76903 Policy Effective Expiration Insurance Company Type of Insurance Number Date Date LIMITS OF LIABILITY- Insurance I Workmen's Compensation Statutory Wausau Ins. Co and 1617 00 09 3/20/86 3/20/87 11000 Employers Liability 3159 Employers Liability Limits-$100,000 Comprehensive Bodily Injury Scottsdale Iris. General Liability GLS 055005 3-16-86 3-16-87 Company $ Each Occurrence Aggregate Pmdurts BI & 'PD COMBINED $ & Completed Operauo $1,000,00( Property Damage $ Each Occurrence $ Aggregate Operations $ Aggregate Protective $ Aggregate Contractual Aggregate ✓roduets $ & Completed Operatio Comprehensive Bodily Injury Landmark American Automobile Liability" GLA 2012997 3-16-86 3-16-87 $ 100 Each Person $ 00 Each Occurrence Property Damage I $ 100 Each Occurrence I I i ! j 'Absence of any appropriate entry means no such insurance is in force. NAME AND ADDRESS OF AGENCY "Covers all owned, non-owned or hired vehicles. AUSTIN SURPLUS LINES AGENCY, INC. P.O. Box 1921 i I Austin, Texas 78767 _ 512/476-7431 PilOnP InR16EP OF AGF!ICY Aulhorizerf Representatives of sire I"s"ane Companies refereed to above C f-2 CERTIFICATE OIF INSURANCE THIS IS TO CERTIFY that the following policies, subject to their terms, conditions and exclusions, have been issued by the company or companies shown below: THIS CERTIFICATE OF INSURANCE neither affirmatively or negatively amends, extends or alters the coverage aflorded by the policy or policies shown below, nor is it an endorsement making the person, flint or corporation at whose request it is issued an adddional'insured on the policy or policies referred to herein. In the event of any material change in or cancellation of the policy or policies, the company or companies will mail ten (10) days' written notice to the party to whom this certificate is addressed, NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED DATE: 9 /10 /86 -1 REMARKS: City of Denton Bid # 9632 901-B Texas St. Denton, TX 76201 I- Attn: John J. Marshall, C.P.M. J Purchasing Agent NAME AND ADDk ESS OF INSURED: Ricky Fowler DBA Hasty-Fowler Construction Co. 501 Cactus Lane San Angelo, Tx 76903 Policy Effective Expiration Insurance Company Type of Insurance Number Date Dale LIMITS OF LIABILITY' I Workmen's Compensation Statutory 1..000 Wausau Ins. o and 1617 00 093 3/20/86 3/20/87 Employers Liability 159 Employers Liability Limits-$100,000 Comprehensive Bodily Injury Scottsdale In gneralLiability GLS 055005 3/16/86 3/16./87 $ Each Occurrence Aggregate Prnd"ets $ & Completed Operator BI &PD Property Damage COMBINED 1,000,000 $ Each Occurrence $ Aggregate Operations $ Aggregate Protective $ Aggregate Contractual Aggregate t'rooucls $ & Completed Operator Comprehensive Bodily Injury Landmark Ame AalrumbileLiability" GLA 201299 3/16/86 3/16/87 $ 100 Each Person Ins. Co . $ 300 Each Occurrence Property Damage $ 100 Each Occurrence 1 I i I I j 'Absence of any appropriate entry means no such insurance is in force. NAME AND ADDRESS_ OF AGENCY I 'Covers all owned. non-owned or hired vehicles. Earl Coker Ins. Agency 2137 Office Park Dr. i San A lo, Tx /11 90 i 915-944-4212 _ a _ P11011F 111MEP. OF AGENCY Authorized Representatives of the insurance Companies relerred to ahovr A~ ~y CITY OF DENTON, TEXAS UNDERGROUND DUCT BANK SYSTEM BID # 9632 ADDENDUM # 2 July 23, 1986 The following modifications, clarifications, additions, or deletions shall be made to the appropriate sections of the plans and specifications and shall become part of the Contract Documents. SPECIFICATIONS Material List Revision The attached pink pages 9, 10, and 11 replace the yellow pages material list page 9, 10, and 11 as originally sent. Bid proposal information must be submitted on the pink pages marked Addendum 2. Bid Opening Date Change This Bid # 9632 Underground Duct Bank System has been rescheduled for opening at 2:00 p.m. AUGUST 14, 1986. A copy of this ADDENDUM #2 must be signed and included with each copy of the bid submitted. END OF ADDENDUM #2 BIDDER Hasty- Fowl Construction Tn DATE Aug. 14, 1986 --S BY 2~4`/70 - Ricky -Fowler TITLE president BID PROPOSAL BID FOR CONSTRUCTION CONTRACT UNDERGROUND DUCT SYSTEM City of Denton, Texas 901B Texas Denton, Texas 76201 Attention: Mr. John Marshall, Purchasing Agent BID No. 9632 Proposal.For: Construction of Denton Downtown Square Plan Gentlemen: The undersigned bidder having read and examined the drawings, specifications and related documents, having examined existing improvements on the Denton Downtown Square, having examined existing drawings of Denton Downtown Square improvements, utility maps and being familiar with the availability of materials and labor and the various construction techniques required, hereby propose to furnish labor, materials, supplies and services, in accordance with the drawings and specifications within the time period set forth below and at the prices stated below. Bidder's covenants and obligations, including but not limited to those outlined in the specifications, are hereby incorporated as a part of this proposal. The undersigned bidder hereby agrees to commence the work under this contract on or before the tenth day following the date of execution of owner's "Notice to Proceed," and to complete construction, adjustments, testing, training placement in full operation all of the system specified for Denton Downtown Square construction in accordance with the following schedule: For construction activities, including excavation construction of underground and surface facilities, testing, backfill and restoration of existing surface and subsurface improvements, the bidder agrees to complete all work within the time period tabulated below: Days to completion Following Date of Execution SYSTEM Of Notice to Proceed Underground power ducts, Manholes, junction boxes, pull boxes, switch/transformer pads, but not including cables, transformers, switchers, capacitor banks. 180 /Calendar Days 7 / The individual bid proposal packages selected by owner for incorporation into the work and meeting the owner's requirements as specified in the drawings and specifications. Bidders shall show the amount for each bid proposal package in words and figures, and in case of discrepancies, the words shall govern: BID PROPOSAL PACKAGE PRICE Underground duct system as $ 370.031.10 described in parts 1, 2, 3, 4, 5, 6 and 7 for Three hundred-seventy thousand, thirty-one City of Denton: Install- dollars, and ten cents. ation of Duct Bank System and materials on Cedar. Walnut, Pecan and Austin Streets. Bidder agrees to add to or delete from the Bid Proposal Package or the work under contract if the contract has been executed, any quantity of work deemed necessary by the owner, subject to the terms of special conditions: Additions to or deletion from Bid Proposal Packages. The owner shall have the option of: 1. Deleting from the "Total Bid Proposal Sum" the price for such bid proposal packages, and the work for which they are proposed, as deemed necessary by owner, but such deletions shall not exceed twenty five percent (259) of the "Total Bid Proposal Sum." 2. Deleting from or adding to the "Total Bid Proposal Sum" the prices for portions of the work deemed necessary for addition to or deletion from the work. The amount to be added to or deleted from the "Total Bid Proposal Sum" shall be the product of the quantity of work to be added or deleted, multiplied by the unit price proposed for that type of work by the bidder in his bid proposal. Deletions from the Total Bid Proposal sum shall not exceed twenty five percent (259) of the original Total Bid Proposal Sum. UNIT PRICE OF MATERIALS: ITEM NO. QUANTITY DESCRIPTION UNIT UNIT PRICE UNIT PRICES ON ADDENDUM #2 ***WE HAVE NO EXCEPTIONS OF CONFLICTS WITH THE CONTRACT DOCUMENTS. 8 BID# 9632 ADDENDUM # 2 MATERIAL LIST UNIT ITEM QUANTITY DESCRIPTION UNIT PRICE 1 5 Precast reinforced concrete manholes, 6' wide Ea. 5,691.40 by 12' long with V-0 headroom, walls shall be a minimum of 5" thick, top and bottom, minimum of 6" thick. 4500 psi concrete grade 60 reinforcing for H-20 loading, on the manhole located in the center of the top is required. The manhole opening shall be 32"dia., clear opening. A 32". dia. x 24" high manhole opening extension, and manhole ring and cover shall be furnished with the manhole. The cover shall be inscribed "ELECTRIC" and secured to their frames with Neehah Type J - "T" Handle- Bar-Lock. The duct bank openings and cable pulling irons shall be as located on PUED 226 Sketch A-A. The pulling irons located in the wall shall be 1'-6" above the floor. The inserts for cable racks shall be as shown on PUED 226 Sketch B-B. They shall be for 1/2" dia. x 13 thread bolts. 2 9 Special manhole for transformer and switch sites. Ea. 6,919.90 The manhole opening shall be 32" diameter, clear opening. Manhole ring and cover shall be furnished with manhole. The cover shall be inscribed "ELECTRIC" and secured to their frames with Neehah Type J-"T" Handle-Bar-Lock. The duct bank opening and cable pulling irons shall be as located on PUED 220. The inserts for cable shall be as shown on PUED 226, Sketch B-B. They shall be for 1/2" Diameter x 13 thread bolts. 9 BID # 9632 ADDENDUM # 2 ITEM QUANTITY DESCRIPTION UNIT PRICE 3 42,000' 4" I.D. PVC duct in 20' lengths for concrete L. F. 4.50 encasement. 'Duct wall thickness .082" belled at one end to fit snugly over the duct connected to it. All ducts and fittings shall be tested in accordance with ASTM F-512 latest publication. 4 ,178 4" I.D., 48" radius 90°sweep bends. ea. 10.75 28 4" I.D., 48" radius 30° bends. 5 2,000 4" I.D., plastic couplings to fit 90° bends and ea. 1.60 4" I.D., plastic pipe, wall thickness 0.082". 6 700 4" interlocking, base duct spacers, designed to ea. 2.50 provide 1" space between ducts. 7 28 4" interlocking, base duct spacers, designed to ea. 2.50 provide 3" space between ducts (use at entrance to manholes). 8 2800 4" interlocking, intermediate duct spacers ea. 2.50 for 1" spacing. 9 112 4" interlocking, intermediate duct spacers for ea. 2.50 3" spacing (use at entrance to manhole). 10 200 Duct plugs for 4" I.D. ducts, (used in manhole duct 1.00 ends until concrete sets) (may be left in unused ducts where they may become plugged or obstructed.) 11 50 Quart cans PVC pipe joint cement (per pipe suppliers 4.75 recommendations). Note: It is suggested that Item 6 through 13 be purchased from one supplier to assure compatability of materials and fitting together. Carlon Utility Products Catalog, was used as a reference for choosing Items 6 through 13. They have an office and warehouse in Dallas, Texas, and manufacturing facility in Oklahoma City. 12 540 Concrete - 3/8" aggregate, strength 2500# per sq. in. cu.yd. 60.00 Cu. yds and 7 to 8" slump (for duct bank), (Est.) 10 •BID# 9632 ADDENDUM # 2 ITEM QUANTITY DESCRIPTION UNIT PRICE 13 14 Precast reinforced concrete pullboxes, 2' Wide, 700.00 by 3' long with 3' - 0 headroom, walls shall be a minimum of 6" thick. 4500 PST concrete grade 60 reinforcing for H-20 loading. The traffic cover of the pullbox shall be 16 skips of design wheel load. The traffic cover shall be marked high voltage. See Drawing # 14 14 Precast reinforced concrete pullboxes, same as Item 16 except with 41- 0 headroom. 750.00 15 1275' 1" Conduit in 20" Lengths. 2.00 16 15 1" ID 90° Sweep Bends 1.00 17 19 Hand hold for streetlights. Precast reinforced 210.00 concrete pull boxes, 12" wide, by 22" long with 12" headroom. H-20 loading cover to be marked 'Streetlight.' 18 155 6" 300# per square inch cap 100.00 Cu. Yd. Estimated 19 28 6" expansion joints 21.00 11 Bidder acknowledges owner's right to select the Bid Proposal which, in Owner's evaluation, provided the most satisfactory utility system construction program. Bidder understands that time is of the essence in Owners construction program and that owner's evaluation of Bid Proposal Prices, including time for completion of Work segments and similar matters, shall be the sole criterion for owner's selection of the Bidder to whom the Contract is awarded, regardless of Price. Bidder understands that Owner reserved the right to reject any or all bids and to waive any informalities in the bidding. Bidder agrees that this Bid shall be good and may not be withdrawn for a period of thirty (30) calendar days following the scheduled closing time for receipt of bids. Bidder, upon receipt of written Notice of Acceptance of this Bid proposal for "Denton Square" agrees to execute a Contract, of the form contained herein, within fourteen (14) days and to deliver with the executed Contract all surety Bond required. The bid Security attached, in the sum of Eighteen thousand, five hundred and one dollars and fifty-six cents. ($18,501.56 ) Shall become the property of the Owner in the event the contract and Bonds are not executed and delivered within the time set forth above, as liquidated damages for the additional expense and delay caused thereby to the Owner. The undersigned hereby declares that only the persons or firms interested in the Proposal as principal or principals are named herein, and that no other persons or firms than herein mentioned have any interest in this Proposal or in the Contract Agreement to be entered into; that this Proposal is made without connection with any other person, company, or parties likewise submitting a bid or proposal; and that it is in all respects for and in good faith, without collusion or fraud. Dated at 9:00 a.m. this 14th day of Aug. 1986 Bidder Hasty-Fowler Construction Inc. BY Ricky Fowler , Title President ) • / l1/ AttestV~„c.~~~~~La-a~j G1~j Mar ,Sue Hasty Sec. Business Address of Bidder 50 Cactus Lane 46 1 San Angelo, Texas 76901 ly~`L State of incorporation Texas /;L - Address of Principal Office 501 Cactus Lane San-An g~lo. Texas 76901 12 M PAYMENT BOND STATE OF TEXAS COUNTY OF Tom Green § KNOW.ALL MEN BY THESE PRESENTS: That Hasty-Fowler Construction Inc. of the City of San Angelo County of Tom Green , and the State of Texas as Principal, and Fidelity & Deposit Company authorized under the laws of the State of Texas to act as Surety on bonds for principals, are held and firmly bound unto The City of Denton, Texas, in the penal sum of Three hundred Seventy Thousand Thirty one and no/lOmollars 370,031.00 ) 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 City of Denton, dated the 3 day of September 19, 86 , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. 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 WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 9th day of September 19 86 PRINCIPAL SURETY By Ricky Fowler By Herbert R. Heard Title President Title Attorney-in-fact Address: 501 Cactus Lane Address: P.O. Box 1111 ' San Angelo, Texas 76903 San Angelo, Texas 76902 The name and address of the Resident Agent of Surety is: Fields Stewart Dolliver P.O. Box 1111 San Angelo, Texas 76902 PB - 4 , a e The FIDELITY AND DEPOSIT COMPANY OF MARYLAND e D FIDELITY AND DEPOSIT COMPANY Conwr*s 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 Article 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 nominate, constitute, and appoint Robert L. Fields, Don W.Stewart, Roger M. Dolliver, Herbert R. Heard, J. Marshall Huling, Walter N. Rodgers and Marie Walters, all of San Angelo, Texas, EACH t e true 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... EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Guardians.......... n 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 respective Companies at their offices in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Robert L. Fields, etal, dated, August 9, 1984. 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 9th........................................ day of................ AH8W51................................ A.D. 19.85.-........ ATTEST: FIDELITY AND DEPOSIT COMPANY O ARYLAND SEAL . By........C............. I Aatutant Secretary V Praadmt - n FIDELITY A1tJ/) DE IT COMPANY s TZ9 EeL to 1~CF.-~g i ! W............ By...-....C...--..-... As umnt Secretary Vwe-Prrndent STATE OF MARYLAND I at: CITY OF BALTIMORE On this 19th day of August . A.D. 19 85. before the subscriber, • Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice-Presidents and Assistant Secretaries of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY, to me personally known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself dep iseth and with, that they are the said officers of the Companies aforesaid, and that the sins affixed to the precedm6 instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed an subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto sat my hand and affixed my Off FIN f d rear first above written. ..........-....-..-....sans y Public My commission expires July-.. 1.A._1.986 CERTIFICATE L the understi6 Auutaor Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANYdoherebycertifyiI the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this cernficate,; and 1 do further certify that the Vice-president, who executed the said Power of Attorney were Vice-presidents apeciall AND DE authorized b4 the CBoard. OMPANY Directors apN nt any ttorquTIII as YAND DEovided in Article VI. POSIT COMPANY~tion 2 of the respective By-I..snfihe FIDELIR This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND it a meeting duiy lied and held on the 16th day of July, 1969 and of the Board of mrectors of the FIDELITY AND DEPOSIT COMPANY at a meeting duly idled end held on the 2nd day of November. 1978 RESOLVED "That the facsimile or mechanically reproduced wInature of any Assistant Secretary of the Company. whether made heretofore or hereafter, whenever appearing upon a certified copy of any Power o attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed' IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate reds d the said Companies. this 9th day of September - 119 _8 / 1141%tTX, „n -168-6756 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 by the Board of Directors or by the Executive Committee, shall have power, by and with the concurr- ence of the Secretary or any one 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 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 any one of the Executive Vice-Presidents, or any one 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 any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant Secretaries and Attorneys-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." PERFORMANCE BOND STATE OF TEXAS § COUNTY OF • Tom Green § KNOW ALL MEN BY THESE PRESENTS: That Hasty-Fowler Construction Inc. of the City of San Angelo County of Tom Green , and State of Texas as principal, and Fidelity & Deposit Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of Denton. Texas , in the penal sum Of Three Hundred Seventy Thousand Thirty one and n0/100 Dollars 370,031.00 ) 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 City of Denton, dated the day Of September , 19 86 , to which contract is hereby referred to and maae a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB - 1 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 9th day of September 19 86 7 PRINCIPAL SURETY By Ricky Fowler Herbert R. Heard By Title President Title Attorney-in-fact Address: 501 Cactus Lane Address:P.O. Box 1111 San Angelo, Texas 76903 San Angelo, Texas 76902 The name and address of the Resident Agent of Surety is: Fields Stewart Dolliver P.O. Box 1111 San Angelo, Texas 76902 PB - 2 The FIDELITY AND DEPOSIT COMPANY OF MARYLAND e D FIDELITY AND DEPOSIT COMPANY Convariles 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 Article 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 nominate, constitute, and appoint Robert L. Fields, Don W.Stewart, Roger M. Dolliver, Herbert R. Heard, J. Marshall Huling, Walter N. Rodgers and Marie Walters, all of San Angelo, Texas, EACH t e true 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... EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Guardians.......... n the execution of such bonds or undertakings in pursuance of these present,, 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 respective Companies at their offices in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Robert L. Fields, etal, dated, August 9, 1984. IN WITNESS WHEREOF, the said Vice-Presidents and Assistant Secretaries have hereunto subscribed their name, and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY this ...............19th.......... day of................ A1491 B-L................................A.D. 105........... ATTEST: FIDELITY AND DEPOSIT COMPANY O ARYLAND SEAL tl~~ 1[ !0 By..................................... •2W. Asunant Secretary t R - FIDELITY A DE IT COMPANY 111 SEAL ^ I• n By.................... ......t................................ ds,Lfunt Secemy Vwe.Prerdent STATEOFMARYIaND 1 as: CITY OF "OR' Ou this 19tb1 day of August . A.D. 19 85. before the subscriber, • Notary Public of the State of Maryland. in and for the City of Baltimore, duly commissioned and qualified, came the abovenamed Vi"Treudents and Assistant Secretaries of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY, to me personally known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly horn, m,erall y and each for himself deposeth and mith, that they are the said officers of the Companies aforesaid, and that the wale affixed to the preeedin6 d instrument are the Corporate Seals of said Companies, and that the sate Corporate Seals and their signaturm much officers were duly affixed.. subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, 1 have hereunto wt my hand and affixed my Off Gt f Itimore t d year first above written. r................... etary Public gar a My commission expires July..l-x._1986 CERTIFICATE 1, the undersi66ned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY do hereby certify that the original Power of Attorney of which the foregoing a a full, true and correct copy, iun full force and effect on the data of this certificate; and 1 do further certify that the Vice-Presidents who executed the said Power of Attorney were Vme-Prestdenis •pectall authorised by the Boards of Directors to ap%ut any Attorney-in-Fact"Sovided in Article VI, Section 2 of the respective Bpl.w of the FIDELIR AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY. This certificate may be signed by facsimile under and by authority of raaolunons of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duir "lied and held on the 16th day of July, 1969 and of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY at a meeting duly called and held on the 2nd day of November. 1978 RESOLVED' "That the facsimile or mechanically reproduced o66nature of my Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appeanng upon a certified copy of any liower ofattorney issued by the Company, shall be valid and binding upon the Company with the "me force and effect u though manually affixed.' IN TESTIMONY WHEREOF.I have hereunto subscribed my nameand affixed the corporate walsof the said Companies, this 9th day of September 19 _ 86 • .dn tSroemn tuiaiTx. ~.f -168-6756 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 by the Board of Directors or by the Executive Committee, shall have power, by and with the concurr- ence of the Secretary or any one 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 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 any one of the Executive Vice-Presidents, or any one 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 any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant Secretaries and Attorneys-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." MAINTENANCE BOND THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § That Hasty-Fowler Construction Inc. as Principal, and Fidelity & Deposit Company a corporation authorized to do business in the state of Texas, as surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the Sum of Thirty seven thousand and no/100 37,000.00 the said sum being ten (108) percent of the total amount of the hereinafter mentioned contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, the principal has entered into a written contract with the said City of Denton to build and construct Underground Duct Bank Systems which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incor- porated herein by reference and made a part hereof as though the same were written and set out in full herein; NOW, THEREFORE, if the Principal shall well, truly, an faithfully maintain and keep in good repair the work contracted to be done and performed for a period of one (1) year from the date of acceptance in writing by the City of Denton and do all necessary work and repair of any defective conditions growing out of or arising from the improper work of the same, including, but not limited to, any settling, breaking, cracking or other MB - 1 defective condition of any of the work or part thereof arising from improper excavation, backfilling, compacting or any other cause or condition, known or unknown, at any time during the period of this bond, which the city engineer, whose judgment shall be final and conclusive, determines to be the result of defective work, materials or labor; then this obligation shall be void, otherwise to remain in full force and effect. In case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the work as determined herein, it is agreed that the City may do said work and supply such materials as necessary and charge the sum against the said Principal and Surety on this obligation. It is further agreed that this obligation shall be continued one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. Provided, further, that if legal action be filed on this bond, venue shall lie in Denton County. IN WITNESS WHEREOF, this instrument is executed in duplicate, each one of which shall be deemed an original, this the 9th day of September , A.D., 1986 SURETY PRINCIPAL ore. qo~~ BY: Herbert R. Heard BY: Ricky Fowler Title Title Attorney-in-fact President MB - 2 The FIDELITY AND DEPOSIT COMPANY OF MARYLAND is D FIDELITY AND DEPOSIT COMPANY Companies 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 Article 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 nominate, constitute, and appoint Robert L. Fields, Don W.Stewart, Roger M. Dolliver, Herbert R. Heard, J. Marshall Huling, Walter N. Rodgers and Marie Walters, all of San Angelo, Texas, EACH t e u awful 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... EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Guardians.......... n 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 respective Companies at their offices in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Robert L. Fields, etal, dated, August 9, 1984. 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 19th....................................... day of............ ` -AWE%1S1.- A.D. 19.0........... ATTEST: FIDELITY AND DEPOSIT COMPANY O , lA-R/Y/L(AANJD GA ( ~Q-t~t.t,s ( _ By..........---......... Assistant Secretary JDEIT ' Resident FIDELITY Al NY C B /l/~/' ....1.... y . Aaaiuaat Secretary Via-Preaidw . STATE OF MARYLAND t as: CITY OF BALTIMORE On this 19th day of August , A.D. 19 85 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice-Presidents and Assistant Secretaries of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY, to me personally known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the sealss(fix to the preceding instrument are the Corporate Seals of acid Companies, and that the mid Corporate Seals and their signatures as such officers were duly affixed and subscribed to the mid instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, 1 have hereunto sot my hand and affixed my Off ' Cit f donate t it year first above written. .yam... ama / Notary Public ® My commission expires Ju1Y..1.x..1986 CERTIFICATE 1, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and 1 do further certify that the Vice. residents who executed the mid Power of Attorney were Vice-Presidents specfallr authorized by the Boards of Directors to appoint any Anorney-in•Fset "provided in Article VI, Section 2 of the respective By-laws of the FIDELITY, AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY at a meeting duly called and held on the 2nd day of November, 1978. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of any Power attorney issued by the Company, shall be valid and binding upon the Company with the some force and effect as though manually affixed.' 9th IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate male of the said Companies, this day of....... September.....__..... 19-_...... $6 ....................'----........cre..-........... Aasiyl nt SetaryL14I%(Tx)-ta -168-6756 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 an 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 any one 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, recognizarces, 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 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 any one of the Executive Vice-Presidents, or any one 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 any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant Secretaries and Attorneys-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." DATE September 2, 1986 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID$9644 CIP UTILITIES AIRPORT ROAD SANITARY SEWER RECOMMENDATION We recommend this bid be awarded to the low bidder, Albenesius Contracting of Denton, Texas and Jackson, Nebraska The low bid price is $67,520 00 SUMMARY This bid invitation was sent out to some 26 contractors The bids were picked up by 25 contractors and suppliers and of that we received 11 bids From a low of $67,520 00 to a high of $183,833 00 We feel this is a very good bid at $67,520 00 We have had Albenesius Contracting complete several prior contracts for us and they have been completed satisfactorily BACKGROUND Staff recommendations to Public Utility Board Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED This is a C I P budgeted program for 1986 b y FISCAL IMPACT There is no additional impact on the General Fund Respectfully submitted Lloyd V Harrell City Manager Prepared by me i J Marshall, C P M Title Purchasing Agent Approved me J n "J --Marshall, C P M itle, urChasing Agent DATE August 2U, 1986 PUBLIC UTILITY BOARD EMERGENCY AGENDA ITEM TO Chairman and Members of the Public Utilities Board FROM R h Nelson, Director of Utilities SUBJECT CONSIDER BID OPENING, BID #9644, 1986 CIP AIRPORT ROAD Shwt;R LINE RECOMMENDATION The Utilities Staft recommends approval of the lowest bid of Albenesius Contracting in the amount of $67,520 SUMMARY The bids were opened August 19, 1980, and the results are as tollows Albenesius Contracting, Denton, Tx $ 67,520 00 Dickerson Constr , Celina, Tx 73,986 90 L h Deletka Inc , Plano, Tx 89,057 50 Texas Con Utility, Garland, Tx 90,494 2U Bill Hazelwood Construction 92,207 92 Jay-mar Corporation 94,240 OU Bar Construction 1U6,895 UO C $ W Utilities Contracting 108,001 OU Lharmel Construction lu9,U81 UO Joe Benson 113,719 00 Calvert Paving, Denton, Tx 183,833 uO the Staft recommends approval of the lowest qualified bia of Albenesius Contracting in the amount of $67,520 BACKGROuND Tais is an approved 1986 CIF erolect Presentlv the customers at the Airport are on septic tanks the proposed development (blaster Plan) at the Airport and the present unavailability of sewer in this area warrant the need for this sewer line Uriginally, when the sewer line was proposed two (2) years ago, the routing had called for only 2,000 L r of IU" sewer line based on available intormation at that time However, when t`ie Airport caster Plan became available to this department, it was wisely decided to change the routing to include 3,000 L t of 10 and 12" pipe OZU2n 19 It is projected that this sewer line will adequately take care of proposed expansion and developments in this area The budgeted amount of $46,000 was based on 2,000 L F. of 10" sewer line, wherein the lowest bid of $67,520 is for 3,000 L.F of IV and 12" sewer line PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED City of Denton Municipal Utilities, City Engineer, Contractor, and Citizens FISCAL IMPACT *1986 CIP budgeted amount of $46,000 Recommended award of lowest bid $67,520 Account Sewer Bond 624-008-0471-9130 *Please see background information Respectfulyy Submitted X b Nelson Prepared by Director of Utilities I arini un aramoort y Civil Engineer Approved avl team Asst Director of Utilities Wtr/tvW Division Attachment I Bid Tabulation II Location Map U2U2n 20 i 0 JL y~ \ II ~!1 I I I - _ i- _ PROJECT r ~¢1 - LOCATION r ! - i ~~ee { I 1 N m C1 a I 1 a r y y { r ~ I 1am1 a 1 y 1 ~ P ~ 1 T_ I m P m 1 1 q m e ~ Tn { V eN T mp yti 1 fl I Iy y i I"' 1 9 I ~ m I s I H I m Z 9 1 ~ 1 { { a { 1 8 y 1 ~ 1 _y r = « r r - - » - - i 8 1 1 _ _ _ I I m » r 1r _ 1 Cr I yr ym' n 1 V I T I a O I~ T 6N11 1 C~ 1 ~+by~ O I S 1 y m » « » « - « » w r r I 8 ~ 1 I ~ 8 1 1 p 0 I c I C9 d I 1 g { i » r r r r r r I« 1« m i C i « r d { T ~ T L11 I 1 ~ G 1 1 ~ _ _ _ I I a N 1 T_ m s v 1 $ 1 ~ r 1 1 N I i m 1 I ICI S~ I {per ~ I ~ I r E ~ I 1 N I 1 » O I 1 r » « I I r « I I _ 1 1t~1 1 yy 't ~ I i 1 C9 1~ M yml 1 m 1 ~ u 1 ~ I ~ a S { i I 1 p ~ o i { Sti = u i i or7f ~ 1~ a I I -.I O 1 1 ~ ~ 1 t CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 3 day Of September A.D., 1986 1 by and between The City of Denton of the County of DPnrnn and State of Texas, acting through Lloyd V. Harrell thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and Larry Alb_enesius dba Albenesius Contracting P.O. Box 1712 Denton, Texas 76202 of the City of Denton , County of Denton and state of Texas , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: Bid/l 9644 - Purrhaca nrdpr # 75069 CIP UTILITIES, AIRPORT ROAD SANITARY SEWER and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore,as prepared by The City of Denton Engineering Staff Jerry Clark, P.E. all of which are made a part hereof and collectively evidence and constitute the entire contract. CA - 1 The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the 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. ATTEST: City of Denton, Tesas c~ r Party of the First Part, ER Pa y o Second Part, (Contractor) By J' Lloyd-V. Harrell, City Ma ager (SEAL) ATTEST: APP OVED AS TO FORM: City Attorney CA - 2 Bond No. TPI 619617 PERFORMANCE BOND STATE OF TEA/ NEBRASKA COUNTY OF LANCASTER § KNOW ALL MEN BY THESE PRESENTS: That Larry Albenesius dba Albenesius Contracting of the City of Denton County of Denton , and State of Texas as principal, and Transamerica Premier Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of Denton, Texas , in the penal sum of Sixty Seven Thousand Five Hundred Twenty Dollars 4 67,520.00 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents,: WHEREAS, the Principal has entered into a certain written contract with the City of Denton, dated the day of Sentemher , 19 86 , to which contract is hereby referred to and mace a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB - 1 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 9th day of September 1986 LARRY ALBENESIUS DBA ALBENESIUS CONTRACTING TRANSAMERICA PREMIER INSURANCE COMPANY PRINCIPAL f SURETY By By 0 Title La y Albenesius, Owner Title Robert T. Cirone, Attorney-in-Fact Address: Address•P. O. Box 82007, Lincoln, Nebr. 68501 /1. r) . 8 r) ~ 4 '7 la 0-En)7dnf, _TExAS -76,Vn.? The name and address of the Resident Agent of Surety is: Greg Faulx, 1812 Durham, Houston, Texas 77077 PB - 2 Bond No. TPI 619617 PAYMENT BOND STATE OF IMXASI NEBRASKA § COUNTY OF Lancaster § KNOW ALL MEN BY THESE PRESENTS: That Larry Albenesius dba Albenesius Contracting of the City of Denton County Of Denton , and the State Of Texas as Principal, and Transamerica Premier Insurance Company authorized under the laws of the State of Texas to act as Surety on bonds for principals, are held and firmly bound unto The City of Denton, Texas, in the penal sum of Sixty Seven Thousand Five h.ndr d S TwentvDollars 67,520.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the City of Denton, dated the 3 day Of _ September 19, 86 , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. - NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. 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 WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 9th day of September 19 86 LARRY ALBENESIUS DBA ALBENESIUS CONTRACTING TRANSAMERICA PREMIER INSURANCE COMPANY PRINCIPAL ~O 1~jUR Y ~IJA By ~a By Y Albenesius, Owner TitleRObert T. Cirone, Attorney-in-Fact Title LarO_ Address: Address: A)TOAJ, TEXT '766?Q,;? The name and aadress of the Resident Agent of Surety is: Greg Faulx, 1812 Durham, Houston, Texas 77077 PB - 4 Bond No. TPI 619617 MAINTENANCE BOND NEBRASKA THE STATE OF /TjF14ASI § Lancaster KNOW ALL MEN BY THESE PRESENTS: COUNTY OF A4~pdiTAV § That Larry Albenesius dba Albenesius Contracting as Principal, and Transamerica Premier Insurance Company a corporation authorized to do business in the state of Texas, as surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of Six thousand Seven Hundred Fifty- two and no/100 Dollars 6,752.00 the said sum being ten (10%) percent of the total amount of the hereinafter mentioned contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, the principal has entered into a written contract with the said City of Denton to build and construct BID# 9644 - CIP UTILITIES AIRPORT ROAD SANITARY SEWER which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incor- porated herein by reference and made a part hereof as though the same were written and set out in full herein; NOW, THEREFORE, if the Principal shall well, truly, an faithfully maintain and keep in good repair the work contracted to be done and performed for a period of one (1) year from the date of acceptance in writing by the City of Denton and do all necessary work and repair of any defective conditions growing out of or arising from the improper work of the same, including, but not limited to, any settling, breaking, cracking or other MB - 1 defective condition of any of the work or part thereof arising from improper excavation, backfilling, compacting or any other cause or condition, known or unknown, at any time during the period of this bond, which the city engineer, whose judgment shall be final and conclusive, determines to be the result of defective work, materials or labor; then this obligation shall be void, otherwise to remain in full force and effect. In case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the work as determined herein, it is agreed that the City may do said work and supply such materials as necessary and charge the sum against the said Principal and Surety on this obligation. It is further agreed that this obligation shall be continued one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. Provided, further, that if legal action be filed on this bond, venue shall lie in Denton County. IN WITNESS WHEREOF, this instrument is executed in duplicate, each one of which shall be deemed an original, this the 9th day of September , A.D., 19 86 SURETY PRINCIPAL TRANSAMERICA PREMIER INSURANCE COMPANY LARRY ALBENESIUS DBA ALBENESIUS CONTRACTING BY: BY: Title Title Robert T. Cirone, Attorney-in-Fact Larry Albenesius, Owner MB - 2 Transamerica nsameri.a [,.n PrmierierlnsuranceCompany ranisUaia Insurance Services GPAN° 0039 Power of Attorney valid only it numbered in red. General Power of Attorney Know All Men by These Presents, That Transamerica Premier Insurance Company, a corporation duly organized and existing under the laws of the State of California, and having its administrative office in Irvine, Orange County, California, does by these presents make, constitute and appoint_- ROBERT T. CIRONE ofLincoln ------------and State of--Nebraska its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver CONTRACT BONDS (S.B.A. Guarantee Agreement MAXIMUM PENALTYY42250,000.00 "THIS POWER OF ATTORNEY SHALL TERMINATE AND BE OF NO FURTHER EFFECT AFTER DECEMBER 31, 1986" and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneyjsj-in-fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company, at a meeting held on the 12th day of June, 1984. "Be It Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomeyjsj-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney-in-Fact. Attorney-in-Fact may be given full power and authorityfor and in the name of and an behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity, consents of surety and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, Transamerica Premier Insurance Company has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 9th day of October ,gp•,lg 85 ~g Qt/yq~Lc TRANSAMERICA P MIER INSU N MAIN. INCORPORATED a By t r July-I, 1941 State of California SS.: County of Orange CALIFOOt" Onthis 9th day of October _ in the year 1985 before me Joan M. Wynn _ a notary public, personally appeared Jack M. Trapp personally known to me to be the person who executed the within instrument as President on behalf of the corporation therein named and acknW~p gtg that the raronration?xor•_to it. OFFICIAL SEAL 10AN Pll•MC CAL fCRNIA ^PI. OFFICE IN L NotaryPubiic r!Y MIX,4L',°_1011 tYP.RES SEP. 18. 1981 I, the undersigned ecretary of Transame eri~ ea Premier Insurance Company hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company at a meeting duly called and held on the 12th of June, 1984, and that said resolution has not been amended or repealed: "Resolved, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under my hand and the seal of said Company, this_ _9th day of September 19 85 THIS POWER OF ATTORNEY EFFECTIVE ONLY IF ATTACHED TO BOND NO.-. - Secretary 30024 a-a4 ISSUE DATE (MWDUCINY) ofd 9/11/86-R rELKHORN UCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS INSURANCE AGENCY , I N C . NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, 2 N. MAIN EXTEND OR flLTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 0. BOX 646 COMPANIES AFFORDING COVERAGE KHORN, NEBRASKA 68022 2-289-3121 COMPANY A NORTHERN INSURANCE CO. OF NEW YORK LETTER B TRAVELERS INSURANCE CO. ETMTER"Y INSURED LARRY ALBENESIUS CONTRACTING COMPANY C P. 0. BOX 93 JACKSON, NEBRASKA 68743 COMPANY D LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUE13TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDJ TIONS OF SUCH POLICIES. CO POJCY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDONY) DATE (MM/DW'Yl EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY A COMPREHENSIVE FORM GL-68555413 6/6/86 6/6/87 INJURY $ $ PREMISES/OPERATIONS PROPERTY UNDERGROUND DAMAGE $ $ EXPLOSION 8 COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS 61 & PC CONTRACTUAL COMBINED $ 1 , 000 $ 1 , 000 X INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ 1 , 000 AUTOMOBILE LIABILITY REPLY ETURY, $ A ANY WAA-80364631 6/6/86 6/6/87 ALL OWNED AUTOS (PRIV PASS) eOOLY INJURY ALL OWNED AUTOS (OTTHERpTAN) (PER ADUDOTn $ PRIV HIRED AUI l PROPERTY NONOWNED AUTOS DAMAGE $ GARAGE LIABILITY BI a PD COMBINED $ 1 , D 00 EXCESS LIABILITY UMBRELLA FORM eI a PD comeweo $ $ OTHER THAN UMBRELLA FORM B WORKERS' COMPENSATION 6-UB-630G869-8-86 6/6/86 6/6/87 STATUTORY $ 10 0 (EACH ACCIDENT) AND $ (DISEASEPOLICY LIMIT) EMPLOYERS' LIABILITY $ 100 (DISEASE -EACHEMPLOVEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER SHALL BE ADDITIONAL INSURED AS RESPECTS WORK INSURED DOIN FOR CERTIFICATE HOLDER NAMELY PROJECT 1986 C.I.P. UTILITIES - AIRPORT ROAD ,AMTTARY SEWER 1 4.4 C I T Y OF DENT 0 N , TEXAS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- ON TEXAS STREET PIRATIDATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 1 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE DENT 0 N , TEXAS - 76201 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY A T T N : JOHN J. MARSHALL OF ANY KIND UPON THE CO ANY, ITS AGENTS OR REPRESENTATIVES. C.P.M. PURCHASING :AGENT AuTHOyIyED PRESENTATIVE ELKHORL INSURANCE AGENCY, INC. MARYLAND CASUALTY COMPANY ?12 1. LAID SEPT. 10 86 L. AjX 646 OCl_ 10 J~ KKORL, NEBRASKA 68022 40.189-3121 CITY CF OFNION, TEXAS 9U1-3 TEXAS STREET DENTON, TEXAS - 76201 ATTk: JOAN J. MARSHALL C.P.M. PURCHASING AGENT x 300,000 100,GuU X OWNER'S PROTECTIVE LIABILITY ?ROJELT 1986 C.I.P. UTILITIES AIRPORT ROAD SANITARY SEWER, DENTON, TQrs. 11D 10.9644 - JOB AMOUNT S67,000. DINJER _SSUED PENDING ISSUANCE OF POLICY NO. LC-54095306 CONTRACICR: LARRY ALDEHESIUS CONTRACTING 0. BOX 93 JACCSO', NEBRASKA 6BY43 e CITY OF DENTON INSURANCE MINIMUM REQUIREMENTS Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the work is completed and accepted by the City of Denton, owner, minimum insurance coverage as follows: TYPE OF COVERAGE LIMITS OF LIABILITY I. WORKMEN'S COMPENSATION STATUTORY II. COMPREHENSIVE GENERAL LIABILITY Booily Injury $300,000 $1,000,000 Each occurrence Aggregate Property Damage $100,000 Each accident III. COMPREHENSIVE AUTOMOBILE LIABILITY Bodily Injury $300,000 $1,0001000 Each person Each accident Property Damage $100,000 Each accident A. In adaition to the insurance described above, the Contractor shall obtain at his expense an OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY with the following limits: BODILY INJURY PROPERTY DAMAGE $300,000 each person $100,000 each accident $300,000 each accident $1,000,000 aggregate Covering the work to be performed by the Contractor for the City of Denton. B. The contractor will furnish the Owner's Protective Policy described above and execute the Certificate described on the following page to the City of Denton for its approval. Insurance must be accepted before commencing any work under the contract to which this insurance applies. The City of Denton will be listed on all policies as an additional named insured. NOTE: INSURANCE MUST be provided as stated above 0045i or contract cannot be accepted. John J. Marshall CI - 1 CERT117ICATE OF INSURANCE THIS IS TO CERTIFY that the following policies, subject to their terms, conditions and exclusions, have been issued by the company or companies shown below: THIS CERTIFICATE OF INSURANCE neither affirmatively or negatively amends, extends or alters the coverage afforded by the policy or policies shown below, nor is it an endorsement making the person, firm or corporation at whose request it is issued an addilional'insured on the policy or policies refereed to herein. In the event of any material change in or cancellation of the policy or policies, the company or companies wilTmail tell (10) days' written notice to the party to whom this certificate is addressed. NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED DATE: 7 REMARKS: City of Denton Bid # 9644 901-B Texas St. Denton, TX 76201 L Attn: John J. Marshall, C.P.M. J Purchasing Agent hiAlviE AND ADDRESS OF INSURED: I Policy Effective Expiration Insurance Company Type of Insurance Number Date Date LIMITS OF LIABILITY- Workmen's Compensation Statutory and Employers Liability Employers Liability Limits-$100,000 Comprehensive Bodily Injury General Liability $ Each Occurrence Aggregate Products $ & Completed Operauo Property Damage $ Each Occurrence $ Aggregate Operations $ Aggregate Protective $ Aggregate Contractual Aggregate ✓roducts $ & Completed Operano Comprehensive Bodily Injury Automobile Liability" $ Each Person $ Each Occurrence Property Damage $ Each Occurrence 'Absence of any appropriate entry means no such insurance is to force. NAME AND ADDRESS OF AGENCY : -'Covers all owned, non-owned or hired vehicles. i i PIInNE IDIMBEE OF AGENCY Authorized Representatives of file Insurance Companies referred to abovr BID #9644 PROPOSAL TO THE CITY OF DENTON, TEXAS For the construction of 1986 C.I.P. UTILITIES AIRPORT ROAD SANITARY SEWER 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 therein and according to the requirements of the City as therein set forth. It is unaerstood that the following quantities of work to be done at unit prices are approximate only, and are intendea principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover aeletion of work so ordered. P - 1 It is understood and agreed that the work is to be completed in full within forty (40) working days. 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 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 WORK DAYS 40 1986 C.I.P: Utilities Airport Road BID NO. 9644 Sanitary Sewer PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 110" PVC Sanitary I I I I 2.12.14-Al Sewer Pipe 1 1,255 1 FT I $ L3, On /FT 1 12" PVC Sanitary I I I I 2.12.14-BI Sewer Pipe 1 2,591 1 FT I $1ynn /FT 13~,a7ynn I I I I I 3-C I Remove Walks 1 2 1 BY I$ .5.00 /By I /O.oO I I I I I 5.7-B I Asphalt Patch Type D I 25 1 TON 1 $ 7500 /TON I I I I I I 7.6 1 Concrete Manhole I 10 1 EA 1 $4,?co,co /EA o0o.no I I I i I 8.3-A 1 Concrete Sidewalk I 2 1 SY 1 $ /-5.'00 /SY I -30,00 I I I I I SP-2 I Saw Cut I 8 1 FT I $ a, nn /FT nn I I I I i SP-4 I Lower Water Line I 1 1 EA 1 $90n.0o/EA I Ana, n0 I I I I I SP-6 I Break into Exist. Manholel 1 I EA I $~?oo.cc /EA I 0, 00 I I I I I SP-10 I Rock Excavation I 0 I CY 1$ TO. cc /CY I I I I I I I I I I$ / I I I I I I I I I I$ / I i I I I I I I I I$ / I i I I I I I i I I $ / I I I I I I I I I I$ / I I I I I I I I I I$ / I I I I I I i I I I $ I I I I I I I I I $ / I I I I I I I I I I$ / i I I I I I I I I I$ / I I i i I I I I I i$ / I i I I I I i I I I $ / I I I I 1 I I I I I $ / I P - 3 BID SUMMARY TOTAL BID PRICE IN WORDS _~1 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 guar&ntee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over ex/tensions. ,4 lb tips, , / l.nrlt hCfCFi Yl ~f CONTRACTOR BY Street Address anLon, /Pxac, 76cZ0~ City and state Seal & Authorization / (If a Corporation) ~a/y 957- T leph ne (~~7) ':U2 - A9m P - 4