Loading...
1986-1480923L NO 6~ _ 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 9630 Calvert Paving $172,816 20 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 terms, conditions, plans quantities and specified sums SECTION IV relating thereto specifying the and specifications, standards, contained therein That upon acceptance and approval of bids and the execution of contracts for improvements as authorized herein, the authorizes the expenditure of funds in amount as specified in such approved contracts executed pursuant thereto SECTION V the above competitive the public works and City Council hereby the manner and in the bids and authorized That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 5th day of August, 1986 ATTEST Y , MAYOR CITY 0 DENTON, TEXAS CH OT E ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY PAGE TWO DATE August 5, 1986 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID# 9630 C I P UTILITIES SECTION C RECOMMENDATION We recommend this bid be awarded to the lowest bidder, combination of Items 1 & 2 for the total of $172,816 20, Calvert Paving The Utility Department and the Public Utilities Board has reviewed this bid and have approved this award SUMMARY This is for the installation of Congress and Magnolia waterline as a part of Capital Improvement Plan BACKGROUND Tabulation sheet Recommendation of the Utility Staff and Public Utilities Board PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Water & Sewer Utility - CIP Funds allocated FISCAL IMPACT There is no impact on the general fund C I P Funds allocated Respectfully submitted Lloyd V Harrell City Manager Prepared by Name Jon Marshall, C P M Title Purchasing Agent Approved 7 ame Jg Marshall, C P M Title-Purchasing Agent - s m m G cn i u N A I cr''i m e o I r m ~ nn I I d G 1 1 We r es O O m m N m rmn I I I a m z i ~ z -1+ w m a» a~ m x. rn = i .r-. N a z n i i ° y n ra -i x . -1 I m m l m m ~ m x i ii i a ul y s .n i ' Q' m r r r 1 T I h fT : n m i i m r 5+ m o q u- I C1 1 O ~ z i -o s ~ i I s ra I ~ - I I r7 I z ^ N I r o ~ ^ ~ I T I U1 ~ N A N ~ I m l G L11 I I .1 S 1 I 1 v I K I t m r~ !J V O ~ I i r -0 m .u y G I n o c ~ ,y Lrl 1 ° m 1 m m P LI Ut _ I ID I Ol ~ m N N O VI I 4 O A a' 1 I N N i i m 1 T U1 N ~ I f •tl i O +O ~ C av o m I I ~ I I I r m r il c u+ m ~ I rn i ~ v ~ x O G O ~ P 1 I ' -I Cf O G O - I I _ I I 1 Ly r r r s r y 1 I m i r = ~ a w r . + r~ w -0 I o i Z I o i _ l ~ ~ v r n u 4r1 m N N 1 A ~ a} p p G I I p p I I V I 1 O N r 1 1 9 Y y r 1 r} ' /N -0 N I m Z I m I S ? 'V N L ~ r ~ I b l 2 -1 m N r + ~ m o ' i u i z 0 o c . . MINUTES PUBLIC UTILITIES BOARD July 23, 1986 MEMBERS PRESENT Chairman Roland Laney, John Thompson, Kenneth Frady, Nancy Boyd, R E Nelson ABSENT Edward Coomes, Lloyd Harrell STAFF PRESENT John McGrane, C David Ham, Glenn Jaspers OTHERS PRESENT John Wagner, Gary Goble, (Management Applications Consulting), Bill Dillon, Cathy Thompson, John Jeter, (Arthur Anderson), Searcy Willis, Thomas Graves, Ray Stanley, I (Willis Graves $ Morgan) Service Center Training Room 5 30 p m. to 10 30 p.m. Regular Agenda 1 CONSIDER MINUTES OF PUBLIC UTILITIES BOARD MEET 3 Thompson moved to approve the minutes as written. Frady second All ayes, no nays, motion carried unanimously AND VICES OF Nelson explained that the preliminary drafts of these contracts were reviewed by Hickory Creek and a meeting was held to discuss the contracts' content Regarding the water contract, Nelson advised that 1 Contract was an interim water contract and that Hickory Creek would be required to be a financial partner in Denton's proposed new plant 2 Interim rates based on incremental cost of the new 6 MGD addition to the existing plant 3 Present and future transportation costs would be "postage stamp" based 4 Capital recovery fees would be imposed on transpor- tation costs if such fees were imposed on Denton residents 5 Hickory Creek desired that Denton negotiate a trans- portation contract through Corinth in behalf of Hickory Creek The PUB recommended against such a contract by 0198n 5 Arthur Anderson 4 Co - Bill Dillon, Cathy Thompson and o n e er were in roduced and made their presentation specific questions were asked by the Board The Board thanked Arthur Anderson $ (.o for their presentation [Nancy Boyd left the meeting at this time l Willis Graves, & Morgan - Searcy Willis, Thomas Graves, and Ray Stanley were introduced and made their presen- tation Specific questions were asked by the Board The Board thanked Willis, Graves 6 Morgan for their presentation The Board deliberated and made a final selection The firm of Management Applications Consulting, Inc (MAC) was chosen by the Board as the 1986 rate study consulting group at a cost of $39,500 Thompson moved to recommend MAC as the preferred consulting group Frady second All ayes, no nays, motion carried IDER AMENDMENT NO 1 TO TEXAS MUN P Nelson explained that the Staff recommends approval of subject amendment The purpose is to establish the terms by which a member who is deficient in generation capacity must reimburse the members who have available excess capacity According to Nelson, under the previous Pool Agreement, members paid for maintainance and supplemental capacity at a rate of $2/mo/KW only for the actual time they are unable to generate their requirements The amendment and schedule have established an annual rate of $18/KW for the deficiency plus reserve required through 12/31/89 Nelson explained that Denton's annual share of capacity revenue due to excess capacity should be approximately $270,000 Frady moved to approve the subject amendment Thompson second All ayes, no nays, motion carried CONSIDER BID OPENING BID #9630 SECTION Ham explained that Staff recommends approval of the lowest qualified bid of Calvert Paving, Denton, Texas, in the amount of $172,816 20 for a 3,000' - 8" water line on Magnolia which replaces an existing deteriorated 6" line and for a 3,000' - 8" water line on Congress to replace a substandard size 4" line in a street due for reconstruction According to Ham, bids were opened June 24, 1986 and the results are as follows 0198n 6 Congress St Magnolia St Water Line Water Line Total Calvert Paving $ 90,960 58 $ 81,855 62 $172,816 20 Dickerson Constr 118,614 50 91,390 UO 210,004 50 Circle C Constr 111,831 50 108,161 OU 219,992 00 L E Deletka Inc 135,175 UO 129,180 00 264,355 00 C 6 W Utility 164,602 50 151,925 00 316,527 50 Ham explained the fi scal impact as follows Recommended 1986 CIP Award Budgeted Amount Replace Congress WL $90,960 58 $93,000 00 Replace Magnolia WL 81,855 12 89,000 00 Thompson moved to approv e the low bid of Calvert Paving Frady second All ayes, no nays, motion carried 6 CONSIDER FINAL PAYMENT TO DICKERSON CONSTRUCTION IN THE _ t Ham explained that the Staff recommends approval of the final payment in the amount of $10,772 46 to Dickerson Construction Company, Celina, Texas for conpletion of the $107, 724 60 Withers and Frame street water line projects Nrady moved to approve the final payment to Dickerson Construction in the amount of $10,772 46 Thompson second. All ayes, no nays, motion carried 7 CONSIDER RhSOLUTION AUTHORIZING MAYOR TO EXECUTE PIPELINE Ham explained that the Staff recommends approval of subject resolution and payment of the renewal license fee in full - $595 by the City Utilities Department for an existing 8" sanitary sewer line crosses the MK 6 I Railroad dt Pockrus (Paige) street Thompson moved to approve the subject resolution Frady second All ayes, no nays, motion carried 8 CONSIDER ORDINANCE FOR ABANDONING AND VACATING_ CERTAIN Iransmission Line) Nelson explained that the staff recommends abandonment of the easements associated with the Brazos Transmission Line which has been removed north of US 38U, northwesterly to Locust Street f CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 6 day of August - A.D., 19 86, 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 Calvert Paving Corporation, P.O. Box 268 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# 9630 P.O.# 74727 1986 C.I.P. Utilities Section C (Congress & Magnolia Streets and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or CA-1 0044b written 'explanatory matter thereof, and the Specifications therefore, as prepared by Department of Public Works Engineering Section , 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. A L City of Denton Party o he Fir t Part,- 0 ER By G~ U oy arre City Manager (SEAL) ATTEST: Calvprt Pavin Cornoratio- Party of the Secog nd Part, CONTRACTOR Title (SEAL) APPROVED AS TO FORM: City Attorney CA-2 0044b PERFORMANCE BOND STATE OF TEXAS COUNTY OF penton KNOW ALL MEN BY THESE PRESENTS: That -Calvprt n vin Corporation , of the City of Denton County of npni-nn , and State of Texas as PRINCIPAL, and Security National Insurance Co. , 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 as OWNER, in the penal sum of One hundred seventy two thousand sight hiindrPd sixteen dollars & 20~?Byars ($172.816.20 ) 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 6 day of August 19 86, for the construction of BID# 9630 P.O.# 74727 1986 C.I.P. Utilities Section C (Congress & Magnolia Streets) which contract is hereby referred to and made a dpart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-1 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEWJ%IF, the said Principal and Surety have signed and sealed this instrument this ~bLt day of August , 1986 . Calvert Paving Cornoration Securitv National Insuranc~ Co. Principal By Title z- - Surety Title Attorney-in-Fact Address P.O. Box 268 (SEAL) Address P.O. Box 225028 Dallas. TX. 75265 The name and address of the Resident Agent of Surety is: Ramey, King & Minnis 707 First State BAnk Bldg. Denton, TX. 76201 NOTE: Date of Bond must not be prior to date of Contract. PB-2 0091b TheTrinity IVICompanies 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 Corporation and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a Kansas Corporation do hereby appoint M. G. RAMEY, TERRELL W. KING, III OR RANDALL L. MINNIS - DENTON, TEXAS Its true and lawful Attorney(s)-m- Fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby, in amounts or penalties not exceeding the sum of ONE MILLION AND N01100 Dollars 1,000,000 ) EXCEPT NO AUTHORITY IS GRANTED FOR l,,Bld or proposal bonds where estimated contract price exceeds the amount stated herein. 2. Open Penalty bonds. 3. Bonds where Attorney (s)-rn-Fact, appear as a party at interest. IN WITNESS WHEREOF, TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL IN- SURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., have each executed and attested these presents _ this 15th day of E 1972. AUTHORITY FOR POWER OF ATTORNEY That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY, each a Texas Corporation and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a Kansas Corporation, in pursuance of authority granted by that certain resolution adopted by their respective Board of Directors on the 1st day of March, 1976 and of which the following is a true, full, and complete copy RESOLVED, That the President, any Vice-President, or any Secretary of each of these Companies be and they ore hereby authorized and empowered to make, execute, and deliver in behalf of these Companies unto such person or persons residing within the United States of America, as they may select, its Power of Attorney constituting and appointing each such person its Attorney- in- Fact, with full power and author- ity to make, execute and deliver, for it, in its name and in its behalf, as surety, any particular bond or undertaking that may be required in the specified territory, under such limitations and restrictions, both as to nature of such bonds or undertaking and as to limits of liability to be undertaken by these Companies, as said Officers may deem proper, the nature of such bonds or undertakings and the limits of liability to which such Powers of Attorney may be restricted, to be in each instance specified in such Power of Attorney. RESOLVED, That any and all Attorneys-in- Fact and Officers of the Companies, including Assistant Secre- tories, whether or not the Secretary is absent, be and are hereby authorized and empowered to certify or verify copies of the By-Laws of these Companies as well es any resolution of the Directors, having to do with the execution of bonds, recognizonces, contracts of indemnity, and all other writings obligatory in the nature thereof, or with regard to the powers of any of the officers of these Companies or of Attorneys-m- Fact. RESOLVED, That the signature of any of the persons described in the foregoing resolution may be fac- simile signatures as fixed or reproduced by any form of typing, printing, stamping or other reproduction of the names of the persons hereinabove authorized." CERTIFICATION OF POWER ATTORNEY I, Juldth E. Fagan, Corp. Secretary of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do hereby certify that the foregoing Resolution of the Boards of Directors of these Corporations, and the Power Attorney issued pursuant thereto, are true and correct and are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each Corporation this 6th day of August 19 46 i~nH U/ii _ . 9 =_uot5t.rv:w°cuur~ ~~/,y//e ,P5/. !„Sae a. 4 ,s 'r '6- ~~.~o°eaaa'. (SI STj; _ SEAL A~ :SEAL i~ 4/JUDITH E. FAGgN, CORP. SECRETARY ~'1y * Js * ~.a ry6'@~°,se*.<ws.s:iag •w w .11 M OVA °ipuwmm11110O B-3896 RE V. 3-82 PAYMENT BOND STATE OF TEXAS COUNTY OF Denton KNOW AIL MEN BY THESE PRESENTS: That Calvert °avinla Cornoration of the City of Denton , County of Denton , and State of Texas as principal, and Securitv National Insurance Co. 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 seventy two thousand eight hundred sixteen dollars and twenty cents Dollars 172,816.20 ) 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 6 day of pugijst , 19 86 . BID# 9630 P.O.# 74727 1986 C.I.P. Utilities Section C (Magnolia & Congress Streets) 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 6th day of August , 19 86 . Calvert Paving Corporation Principal By 1) Title Address P.O. Box 262 Denton, TX. 76201 {SEAL) Address u.0. Box 22502,9 Dallas, TX. 75265 The name and address of the Resident Agent of Surety is: Ramey, King & Minnis PB-4 0092b Title Q1-tn=n v-in-Fart TheTrinity 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 Corporation and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a Kansas Corporation do hereby appoint M. G. RAMEY, TERRELL W. KING, III OR RANDALL L. MINNIS - DENTON, TEXAS its true and lowful Attorney(s)-in-Fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby, in amounts or penalties not exceeding the sum of ONE MILLION AND N01100 Dollars 1,000,000 ) EXCEPT NO AUTHORITY IS GRANTED FOR. 1. Bid or proposal bonds where estimated contract price exceeds the amount stated herein. 2. Open Penalty bonds. 3. Bonds where Attorney(s)-in-Fact, appear as a party at interest. IN WITNESS WHEREOF, TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL IN- SURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., have each executed and attested these presents this 15th day of .11i SB QE , , 197_. PRES AUTHORITY FOR POWER OF ATTORNEY That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY, each a Texas Corporation and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a Kansas Corporation, in pursuance of authority granted by that certain resolution adopted by their respective Board of Directors on the 1st day of March, 1976 and of which the following is a true, full, and complete copy "RESOLVED, That the President, any Vice-President, or any Secretary of each of these Companies be and they are hereby authorized and empowered to make, execute, and deliver in behalf of these Companies unto such person or persons residing within the United States of America, as they may select, its Power of Attorney constituting and appointing each such person its Attorney-in-Fact, with full power and author- ity to make, execute and deliver, for it, in its name and in its behalf, as surety, any particular bond or undertaking that may be required in the specified territory, under such limitations and restrictions, both as to nature of such bonds or undertaking and as to limits of liability to be undertaken by these Companies, as said Officers may deem proper, the nature of such bonds or undertakings and the limits of liability to which such Powers of Attorney may be restricted, to be in each instance specified in such Power of Attorney. RESOLVED, That any and all Attorneys-in-Fact and Officers of the Companies, including Assistant Secre- taries, whether or not the Secretary is absent, be and are hereby authorized and empowered to certify or verify copies of the By-Laws of these Companies as well as any resolution of the Directors, having to do with the execution of bonds, recagnizonces, contracts of indemnity, and all other writings obligatory in the nature thereof, or with regard to the powers of any of the officers of these Companies or of Attorneys-,u- Fact. RESOLVED, That the signature of any of the persons described in the foregoing resolution may be fac- simile signatures as fixed or reproduced by any form of typing, printing, stamping or other reproduction of the names of the persons hereinabove authorized." CERTIFICATION OF POWER ATTORNEY I, Juidth E. Fagan, Corp. Secretary of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do hereby certify that the foregoing Resolution of the Boards of Directors of these Corporations, and the Power Attorney issued pursuant thereto, are true and correct and are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each Corporation this 6 t-b day of August 1986 nmiq `ownmm ~um~miner p y.PS.:*N».tiGg_ J.doN'•.•* 4 011ry4 ' 3o"yoavo.;, oe¢y x/ ~~/3' . ~i-- $L'~[g = SEAL- j= (//JUDITH E. FAGAN, CORP. SECRETARY 11 1 Ht 4111.1,11"1"1 MAINTENANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT l:alvprl" pavinu Cnrnnrat- i nn as Principal, and cec n-i -National Tnsnrance Co 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 Seventeen thousand, two hundred eighty one dollars and sixty-two cents Dollars 17,281.62 , 10% of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Calvert laving Cornoration has this day entered into a written contract with the said City of Denton to build and construct QTnu 091n - P n # 7A797 uu a,~u.a QUA ouu u. Yauuo u,.cuaa aa.u ..a vuc u.cacau mcu..avucu, ouvy wu ~y u.c City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, and: WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. MB-1 0093b 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 Corporation as Contractor and Principal, has caused these presents to be executed by and the said caused th Security National Insurance Co. as surety, has ese presents to be executed by its Terrell W. King, III and the said Attorney-in-Fact this 6thday of August , 1986 . SURETY: PRINCIPAL: has hereunto set his hand Security National nsur Calvert paving Cornoration errell W. King, II cQ; C ttornev-in-Fact MB-2 0093b TheTrinit 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 Corporation and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a Kansas Corporation do hereby appoint M. G. RAMEY, TERRELL W. KING, III OR RANDALL L. MINNIS - DENTON, TEXAS its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of o similar character issued in the course of its business, and to bind the respective company thereby, in amounts or penalties not exceeding the sum of ONE MILLION AND N01100 EXCEPT NO AUTHORITY IS GRANTED FOR Dollars 1,000,000 ) l.,Bid or proposal bonds where estimated contract price exceeds the amount stated herein. 2. Open Penalty bonds. 3. Bonds where Attorney(s)-in-Fact, appear as a party at interest. IN WITNESS WHEREOF, TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL IN- SURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., have each executed and attested these presents _ day of 4,t gAME t 19 77 AUTHORITY FOR POWER OF ATTO That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY, each a Texas Corporation and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a Kansas Corporation, in pursuance of authority granted by that certain resolution adopted by their respective Board of Directors on the 1st day of March, 1976 and of which the following is a true, full, and complete copy. "RESOLVED, That the President, any Vice-President, or any Secretary of each of these Companies be and they are hereby authorized and empowered to make, execute, and deliver in behalf of these Companies unto such person or persons residing within the United States of America, as they may select, its Power of Attorney constituting and appointing each such person its Attorney- in- Fact, with full power and outhor- ity to make, execute and deliver, for it, in its name and in its behalf, as surety, any particular bond or undertaking that may be required in the specified territory, under such limitations and restrictions, both as to nature of such bonds or undertaking and as to limits of liability to be undertaken by these Companies, as said Officers may deem proper, the nature of such bonds or undertakings and the limits of liability to which such Powers of Attorney may be restricted, to be in each instance specified in such Power of Attorney. RESOLVED, That any and all Attorneys-in- Fact and Officers of the Companies, including Assistant Secre- taries, whether or not the Secretary is absent, be and are hereby authorized and empowered to certify or verify copies of the By-Laws of these Companies as well as any resolution of the Directors, having to do with the execution of bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, or with regard to the powers of any of the officers of these Companies or of Attorneys-in- Fact. RESOLVED, That the signature of any of the persons described in the foregoing resolution may be for simile signatures as fixed or reproduced by any form of typing, printing, stomping or other reproduction of the names of the persons heremobove authorized." CERTIFICATION OF POWER ATTORNEY I, Juidth E. Fagan, Corp. Secretary of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do hereby certify that the foregoing Resolution of the Boards of Directors of these Corporations, and the Power Attorney issued pursuant thereto, are true and correct and are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each Corporation this Fi th day of Al gugt 19 r . nmrwy oulnlixn0rwr .g=t::f r-HLS"4~p~ a`dJOaT:... ~vrgi4y. - zoQ o :l°~% Z'`* vUDITH E. FAGAN. CORP. SECRETARY fSE~Lr; ==:SEAL3` SEAL',•=__ xd1 „w,T ,4ry/I 0~~•\r ry~'0iiryywnntl\\0\\aS' wUirpn989 B-3098 REV. 3-82 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 Bodily Injury $300,000 $1,000,000 Each occurance Aggregate Property Damage $100,000 Each accident III. COMPREHENSIVE'AUTOMOBILE LIABILITY Bodily Injury $300,000 $1,000,000 Each person Each accident Property Damage $100,000 Each accident A. In addition 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,UOU,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 Gity 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. #0399c CERTIFICATE 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 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 ten (10) days' written notice to the party to whom this certificate is addressed. NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED City of Denton Bid 9630 I 901-B Texas St. I Denton, TX 76201 i L Attn: John J. Marshall, C.P.M. Purchasing Agent NAME AND ADORES.S OF INSURED: Calvert Paving P.O. Box 268 Denton, TX. Corporation 76201 Policy Effective Expiration Insurance Company Type of Insurance Number Date Date LIMITS OF LIABILITY- workma Compensation $tat~t~ry ttnerican General d TC721196985 6/6/86 6/6/87 100/500/100 Employers Liability Employers Liability Limits-$100,000 Comprehensive Bodily Injury utterican General General Liability GL6748038 10/3/85 10/3/86 5000S1, $ Each Occurrence I Aggregate Products $ & Completed Operations) Property Damage $ Each Occurrence $ Aggregate Operations $ Aggregate Protective $ Aggregate Contractual Aggregate Products $ & Completed Operations Comprehensive- Bodily Injury 5000SL Automobile Liability-- $ Each Person tmerican General GI213748070 10/3/85 10/3/86 $ Each Occurrence Property Damage $ Each Occurrence ittterican General Umbrella UB6873551 6/30/86 6/30/87 $5,000,000.00 -Absence of any appropriate entry means no such insurance is in force. "Covers all owned, no"wned or hired vehicles 382-9691 PRONE N@IDEP. OF AGENCY • . DATE: August REMARKS: NAME AND ADDRESS OF AGENCY : Ra ing & Minnis 7 7 t STaWnR Denton TX. ~/~jl~~ 1 Representatives to above. BID # 9630 P° .:tt 7~k 7x-7 PROPOSAL TO THE CITY OF DENTON, TEXAS For the Construction of 1986 C.I.P. Utilities, Section C 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 understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the city, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. P - 1 It is understood and agreed that the work is to be completed in full within the working days shown on the bid summary sheet. 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 of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, wit: work to P - 2 BID SUMMARY SHEET Project Name 1. Congress Street Water 2. Magnolia Street Water 3. Congress Street Water (Alternate) 4. 1 and 2 Combined 5. 2 and 3 Combined Bid Total Line (o, 15Z Line 81, 9- (off Line IO a3.a'~ '1a S( .ao gl S. R78.8~ Contractor shall not qualify any bid submitted. Number of Work Days 50 45 55 95 100 P - 3 WORK DAYS 50 BID NO. 9630 Congress Street 8" Water Line PO NO. ZX47,7, I-- BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL I I I I .lao I, _.I on!- 1 8• Ductile I 1 I I, av 2.12.8-A I Iron Water Line 1 1,887 1 LF I $ /LF 13~.97q~ 2.13-B I I 1 8" Valves I 4 I 1 EA I I $ I OD~ /EA I PL, P, 000 ' 2.14 I I 1 New Fire Hydrants I 4 I 1 EA I 1 $ I q50 &/EA I 3, $00 2.16-A I I 1 3/4" Water Service I 39 I 1 EA I I $ ~ I ;ZDO /EA 1 ~ $0D 2.16-B I I 1 1 1/2" Water service I 3 I 1 EA I 1 $ P I .300 /EA I V0 I I " I I I o0 4 2.16-C 1 2 Water service i 1 1 EA I $ TW /EA I 00 I I I I zc I 00 3-A I Remove Concrete Pavement I 7 1 BY I$ .151/SY i 106 3-B I I I Remove Curb and Gutter I 20 1 1 LF I 1 $ V0 I /0 /LF I Og o`ZDO I I I• I ego I 16' ~ 375 3-C I Remove Walks and Drives 1 25 1 SY 1 $ /BY I S_7-R I. I I Aanh9if Pahnh Tuna n I 25n I 1 1 Tnm I G 00 I 12'/Tnm 1 7Q 10 00 000 ~ I /SY I w o-0 0 0,0 I m /SY- I ~O I 8.3 1 Concrete Driveways f I 5 1 I SY f I $ I 02t1y/SY I ^70 ~35 1 8.3-A I Concrete Sidewalks I I 20 I 1 SY I I $ 1 r2'7 %SY 1 00~ 540 1 SP-2 I Saw Cut (Existing Concrete) I i 200 I 1 LF I I $ CD I 3 /LF I FU 1000 I SP-5 1 15" (Gaug el0) Casing I i 38 I 1 LF I I $ ~ I 1$'' /LF I / ,1 ~ a$1 ' I en_G 1 ni...b rl~ .cu I I n I I rv I I @ I Inn Irv I 00.00 ao 300- SP-14 oo.~ I Fire Hydrant Installation) 2 1 EA I $ soo /EA 1 1.000 601JC> ~IO'Y$06 If0IS6, P - 4 -FOTAL ~I ~IvO- WORK DAYS 55 + BID No. 9630 Congress Street 8' Water Line (Alternate) PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL I I 1 I O0 I w 2.12.20 1 8' PVC Water Line 1 1,110 1 LF J $ /4/LF 1 8' Ductile oo I ao I I I I tI P- 2 12 8-B I Cast Iron Fittings I 0 1 LB 1$ I /LB 1 2.13-A I I 1 6' Valves I 6 I 1 EA i I $ oo I 350 ~/EA I ~ a,100 I I I I oD~ I on 2.13-B 18' Valves I 8 1 EA I $ 5W /EA 1 4000 i 2.14 I I New Fire Hydrants I 4 1 I EA I I $ I /EA I o; SDO I I ' I I 6-0 I 'X0 do gOU ~ 2.16-A Water Service I 13/4 39 1 EA I $ o /EA I , I I ' I I D' I 3LD a0 900 2.16-B I Water Service I 1 1/2 3 1 EA I $ /EA I ' o 4Ue yO 2.16-C 1 2 Water Service I 1 I EA I $ /EA I y I I I I I ~ S VD 3-A I Remove Concrete Pavement I 7 1 BY I$ 1~ /SY I ID I I I I o0 I P ' 000- 3-B Remove Curb and Gutter i 20 1 LF I $ /LF I I I 1. i I J!5- a0 3'1~ 3-C I Remove Walks and Drives 1 25 1 Sy I $ /SY I I I I I C~ I ct IIp ~o ~O " 5.7-B I Asphalt Patch Tyne D I 260 1 TON i $ /TON I I Ia 10, I 5.8 1 I Concrete Pavement I 7 I 1 BY I I$ C~ I ah /SY I aa lq q I I I I I :D lob 6 4 i Bore I 185 1 LF i$ /LF I I I I 1So I m 7.4 I Concrete Encasement I 7 1 CY I$ (0 /CY I I I I a, I ~0 oD 400 8.2-A i Concrete Curb and Gutter 1 20 1 LF I $ 0 /LF 1 I I 1 I 00 I Pq 13,7 8.3 1 Concrete Driveways I 5 1 Sy I $ /SY I I I I I R I o S` 8.3-A I Concrete Sidewalks I 20 1 Sy I $ a /SY I W I Saw Cut I I i w I I D 00 SP-2 I (Existing Concrete) I 200 1 LF I $ /LF I t9 1 15' Casing I I I ar I M, SP-5 1 (Gauge(O) Steel I 185 1 LF I $ ~0 /LF I 3, 530 I I I I ~ I SP-6 I Rock Clause 1 0 1 Cy i $ f00 /CY I 00.00 I I 1 I eo I 00 sP-13 i Meter Connects I 3 1 EA I $ ~I)o /EA I 300 P - 5 Magnolia 8' Water Line BID TABULATION SHEET WORK DAYS 45 BID NO. ga,in PO NO. 7iG~/Z 1 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL as 00 1 0 '/EA I /o0 I I I I >m I to 9.77-R I A* VaTvoc 1 2 1 EA I S 5a0 '/EA 1 1.000- I I I I p I cm 2.14 1 New Fire Hydrants 1 4 1 EA I $ -ISQ /EA I .1100 I I I I h I I ~ a1D I I I I I 2.16-B 1 1 1/2' Water Service I 0 I EA I$ .300 -/EA I I I I I I a; 3-A i Remove Concrete Pavement 1 4 1 SY 13 15 /SY 1 cUv I I I. I eo 1 7 4?01ro i f'nnnrnMC fnrh anA Gnf*cr 1 2d I LF I Q ~ ~~/T.F 1 I I I I W I 66 I>; 5.7-B I Asphalt Patch Type D I 250 I TON I $ /TON I OI 000 I I I• I , log I _aa I Saw Cut I I I I ~a10 SP-2 I (Existing Concrete) 1 40 1 LF I $ .3,/LF I I I I I 0 I sP-6 I Rock Clause 1 0 1 CY I $ 'OO /CY 1 00.00 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 Tb-r*L. gI,86s P - 6 BID SUMMARY -4y 9/v 3-0 fio • 75~ 727 TOTAL BID PRICE IN WORDS N6 P"D461) ,-GVehJTy WO -r'zu5aaud, Oci r liammeb 6i,c-,eeg DouLAPs Aura TW&"-ry Lac-,vTS In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. CONTRACTOR BY~f JJ P, C) ~Oyc ata8 kr & 8o)c A- Street Address D Erl-ra til . I tic... ~ ~ av~ City and state Seal & Authorization (If a Corporation) 417) b83► Te ep one P - 7