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1986-1260923L 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 NO R( Y2 V/ 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 9609 Stuart-Pershing Paving/Drainage 9626 Contract-Concrete Work 9627 CDBG-Paving Improvements Bushey Street SECTION II $445,227 35 $150,000 00 $ 50,404 75 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 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 ordnance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 1st day of July, 1986 RA S 'EP EN M YOR CITY F DENTON, TEXAS ATTEST CITY OF DENTON. TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY b PAGE TWO DATE July 1, 1986 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID #9609 STUART-PERSHING PAVING & DRAINAGE RECOMMENDATION We, with the Engineering Department, recommend this bid be awarded to the lowest acceptable bidder, Atkins Bros Equipment Co of Grand Prairie, for item 1B at a total cost of $445,227 35 The low bid by Dickerson Construction Company was not acceptable as he inserted a qualifier that was prohibited in the specifications SUMMARY Therefore, it did not include all the dollars required to complete the project This bid was in conjunction with Item 3 - Royal Acres Subdivision Section 7 Phase I Mr Ginnings will also be awarding this project item to Atkins Bros , which is the low bid on Item 3 This is also a participation bid in that Mr Ginnings will be participating as part of Royal Acres streets and drainage The exact amount to be determined by the size and number of linear feet of drainage and the square yards of asphalt pavement, linear feet of curb & guttering, etc BACKGROUND Tabulation Sheet Memo from Jerry Clark PROGRAMS, DEPART14ENTS OR GROUPS AFFECTED Drainage & Paving Capital Improvements, Streets and Engineering, and Royal Acres Subdivision Section 7 Phase I FISCAL IMPACT There is no additional impact on the General Fund Respectfully submitted Lloyd V Harrell City Manager Pr ared by Name Tom D Shaw, C P M Title Assistant Purchasing Agent Approved y Jame John J Marshall, C P M e Purchasing Agent w w hi N v w v 1 T T tt 2 We I w 1 1 C'J rYt O C r 1 I o T m -1 w. 1 I a t I IU 1 m 1 y 1 ~ I 1 1 J[ M m (t I I S ^I 4+` 1 I ~ 9 C ' _ _ -i _ 4rJ S _ i n -i rl a ti a -1 a 1 I I fl S D O h .tl O Il} O v O~ O 7 O N O P I I w " n 1O w n ro w s w x> rti . . . . ry ry . ry -J r w . Y I I I I i} m m rtl 3 I m m I o vJ i •.J ro a o ro o d o a i i T ~ , ms ~ m rs fr} y -f} y ro ~ 1 m I ro a > w ° w i v i ° n w , m m a o In ro « r ro c n i i i ~ m ,y s i °x 1 1 ~ PI' ~ > T T O 'J f'I 1 1 1 I 1 I I I I ~ ~ I I ~ i^ I I n y p . 1 t T I .p N N I p I O V ~A I C} I ~ A 1 .TJ I b I I ~ ~ 1 1 1 1 1 1 y L 1 1 O N Yl a w 1 1 y . ' ' 4t N ! ~ i '+J 1'+] 'J 1 r'J 1 .,p ~p y N 6f 1 O I 1 .p P N 'J m 1 I 11 1 K} rs. .,p y ! ~ A I I JI a o o ^ 'h I I o ilt o 4° N 6 +tJ m s i z 41- ~ J N V /J r 1 O I r M ~ m O 1 ~ 1 ~ yA m 1? 1 1 21 1 1 O N N N ~J V I 1 q {JI fJl ^ f-^ JI 1 1 1 1 I I y ~ u 1 J I I I y ° m u i nt „ } T I w ,A„ m JJ I O I V J y9 m I C.5 I y V I 1 3J I I A y ..A ' I I r-. 1 I rs U 1 1 J ~ p w m i T S ~ G YI ' I 1` 1 r O P I b 1 W N G I 1 V N I I SJ1 UI O O O d I I _ n y} -1 rr'J ~ rn n m CI +2' m ro a o m T o T g fJ} T a to ti ~ n x z n t r ~ T ZmJ n 0 a o n ~J m 't TmJ u fJJ ct a} a x ~ -J m m ~ uJ ~ _ m _ CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this day of A.D., 19 8§ by and between The City of Denton, Texas of the County of Denton and State of Texas, acting through Lloyd V. Harrell, City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and Atkins Bros. Equipment Co., Inc., 918 West Marshall of the City of Grand Prairie County of kn ft 0V ) 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 #9609 - Stuart-Pershing Paving and Drainage Plans Purchase Order #73633 in the amount of $445,227.35 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 Jerry Clark. City Engineer , all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. AT S : The City of Denton, Texas rre (SEAL) ATTEST: ~Q_1'7,~la.rLt 116b ATKINS ?'SOS. E UPMENT CO. INC: Part of the Second Part, CONTRACTOR By P,91 ~ Title (SEAL) APPROVED AS TO FORM: City Attorney CA-2 0044b PERFORMANCE BOND STATE OF TEXAS COUNTY OF Denton KNOW ALL MEN BY THESE PRESENTS: That 0MRS BROS. ZQ; `NAi?,'~ CO; !MC. of the City of „M ha.3 h .1: i County of and State of 7p 5/ as PRINCIPAL, and American Casualty Company of Reading, Pennsylvania , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Denton as OWNER, in the penal sum of Four Hundred Forty-Five Thousand Two Hundred Twenty- Seven and 35/100 Dollars 3445,227.35 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the day of , 19_, for the construction of 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 WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 19 ATMq n40S. F9111pMFKn, rO. iNd Principal By r Title MKINS -IJROS. EQUIP. CO. INC. Address GRAND PTWRIE. TEXAS 7Sns1 X47-8890 American Casualty Company of Reading, Pennsylvani Surety Title Laura Espinoza Attorney-in-Fact Address 701 Lamar Wichita Falls, Tx. 76301 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Boley-Featherston-Huffman & Deal Co. P.O. Drawer 10 Wichita Falls, Tx. 76307 NOTE: Date of Bond must not be prior to date of Contract. PB-2 0091b PAYNENT BOND STATE OF TEXAS COUNTY OF Denton KNOW ALL MEN BY THESE PRESENTS: That ATKINS BROS. EQUIPMENT CO. ING of the City of (I-Y-22 N 42 20,11-a ZAVe , County of 1~"-~I Q y , and State of g as principal, and American Casualtv_Company of Reading, Pennsylvania authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Denton , OWNER, in the penal sum of Four Hundred Forty-Five Thousand Two Hundred Twenty-Seven and 35/100 Dollars 3 445,227.35 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of Stuart-Pershing Paving and Drainage Plans 19 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 day of Am s BROS. 6aOIPfJem CO, INCI Principal By Title ~Il~4 P~IiI,(i ~ co. INC. Address i~ 3, N-0 T" r"'~ tiY;S 750[1 Title Laura Fsnin07a RttnrnaTln-FdCt 701 Lamar Address Wichita Falls. Tx. 75301. (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Boley-Featherston-Huffman & Deal Co. P. Drawer Wichita Falls, x. PB-4 19 American Casualty Company of Reading, Pennsylvania Surety 0092b MAINTENANCE BOND STATE OF TEXAS COUNTY OF Denton KNOW ALL MEN BY THESE PRESENTS: THAT Arc,{ S BRQ - t" as Principal, and gmerican Casualt.y Company of Rea ingFennsyl~vania 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 Fort -Four Thousand Five Hundred Twenty-Two and 74/100---------------- Dollars 44,522.74 , 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 IRc)5. b0U!PY," f'0. iRrs has this day entered into a written c~(~ontract with to said City of Denton to and construct A+_. 4D,,.l_.;G 4DA,hwl 114A I A... F~0- which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, and: WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. MB-1 0093b 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 I'MS'~ C0: n-n as Contractor and Principal, has caused these presents to be executed by merican Casualty Company of Reading, Pennsylvania and the said American Casualty Company o ea ing, Pennsylvania as surety, has caused these presents to be executed by its Attorney-in-Fact Laura Espinoza and the said Attorney-in-Fact has hereunto set his hand this day of , 19 SURETY: PRINCIPAL: American Ca lty Company ,,of Reading, BY: Laura Espinoza Attorney-in-Fact Penn sylvan°TWMr PM01. PGHDS*'M(M7 r:n. mg MB-2 0093b American L;asuaity L:ompany of Reading, Pennsylvania AWWRAI"PWIJ CNA Offices/Chicago, Illinois POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men by these Presents, That AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, and having its principal office in the City of Chicago, and State of Illinois, does hereby make, constitute and appoint -Donal BO ley. Steve Deal Ruth Anderson Laura Espinoza. Lesley Sutton. Becky Lawson. Individually of Wichita FZ its true and lawful takings and other wracx wnn run power ano autnamy nemoy instruments of similar nature as follows: under. seal and Without Limitations and to bind AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA thereby as fully and to the same extent as if such Instruments were signed by the duly authorized officers of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company: "Article VI-Execution of Obligations and Appointment of Attorney-in-Fact Section 2. Appointment of Attomey-in-fact. The President or a Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney-in-fact." 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 Company at a meeting duly called and held on the 11th day of November, 1966: "Resolved, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or cer- tificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." In Witness Whereof, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed this 29th day of April 19 82 AMERICAN '3 ,era"°arro a State of Illinois 1 ss $ xar n. i3 County of Cook f r On this 29th day of April g2 19_, before me personally came R. J. Wall to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Western Springs State of Illinois: that he is a Vice-President of AMERICAN CASUALTY COMPANY OF READING, PENN. SYLVANIA, the corporation described in and which executed the above instrument: that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Direc. tors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. e _ CERTIFICATE I, P. F. Granahan Assistant Secretary of AMERICAN do certify that the Power of Attorney herein above set forth is still in force, and By-Laws of the Company and the Resolution of the Board of Directors, set forth K .04 1./WC.I'1 A. Delich Notary Pub Expires March 12, 1985 COMPANY OF READING PENNSYLVANIA, ertify that Section 2 of Article VI of the Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Camaanv this 19 - 8.23142-B day of x.~ P. F. Granahan Assistant Secretary. PROPOSAL TO THE CITY OF DENTON, TEXAS For the Construction of 1986 Street Improvement Bond Program Stuart-Pershing Paving and Drainage Plans IN DENTON, TEXAS BID # 9609 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. F - 1 It is understood and agreed that the work is to be completed in full within ninety (90) 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 90 BID NO. 9609 Stuart-Pershing Paving PO NO. A) Asphalt Alternate BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL I Remove concrete I I I I 3-A I (pavement) I 65 I SY I $_12.CL7/SY I 7~Loa I Remove concrete I I I I 3-B I (curb & gutter) I 2,205 I LF I $ /LF I I Remove concrete I I I 3-C I (driveways & sidewalks)I 205 1 SY I $ /Z•GG /SY I 7 ~f~ c_c I Preparation of I i lump 1 1 3.1 1 right-of-way I I sum I $ Oey. 3.3 I i 1 Unclassified excavation 1 7,136 I I 1 CY I $ I /L Co /CY I ' L~ jL~cc 3.7 I 1 Compacted fill I 1 255 1 I I CY I $ hD /CY I 1 Type 'A" hydrated lime I I I I 4.6-A I (slurry) i 130 1 Tons 1 $ 'fe'•c~/Ton I 16" lime treatment of I I I 1~1 I 4.6-B I subgrade 1 14,345 1 SY I /SY I /.a. 777.sv 5.7.A-1 1 4 1/2" asphalt pavement I I base (Type A) 1 8,210 I I 1 SY I $ /SY I / I Zn,,//Li b 5.7.A-2 1 3 1/2" Asphalt pavement I I base (Type A) 1 3,095 I I 1 SY I $ C1 241SY I I 4 4Z.7 S];' 5.7.A-3 12" Asphalt pavement I I (Type D) I 670 I I 1 SY I $ qq j• /Z/SY I r~• ~GD 1 ? 4>2 5.7.A-4 11 1/2" Asphalt pavement. I I (Type D) 1 11,305 I I I SY I $ ~•Yo/SY I / I •~l c~~ D 5.7.B 12" Asphalt pavement I I (Type D, patch material) I 75 I I I TONS I $ ~D•c" /Ton I I 3 7 -Za 6D 5.8.A I Concrete pavement 6" I I (flatwork) I 170 I I I SY I $ -7 -7! Z'6'/Sy I I O<'~ 6.7.2-A I I I Adjust manhole I 5 I I I EA I $ -400• l EA I I SDO C 8.2.A I I I Concrete curb & gutter 1 3,410 I I I LF I $ ~~7,79 P /LF I ' I / ao 8.3 I I I Driveways 6" 1 275 I I I SY I $ 27 Gi0 /SY II 7 ~eo 5Z2 8.3.A I I I Sidewalk 4" I 5 I I I SY I $ 24? erIsY I I le),). G O 8.15 I Concrete i I rip-rap (Class B) I 1 I I I CY 1 $ 3C'O.O/CY I I ~JO• eL' SP-2 I I I Concrete saw cut 1 200 I I I LF I $ /LF I I .~OD• e"e' SP-5 I Remove concrete I I (inlet) I 2 I I 1 EA 1 $ I S®~• EA I d~D• el'(0 SP-10 I I I Adjust valve box I 6 I I I EA I $ I ~.~G•Aa/EA I ev Asphalt Alternate Total = $ 70•-3 0179e P = 3 Stuart-Pershing Paving B) Concrete Alternate BID TABULATION SHEET WORK DAYS 90 BID NO. 9609 PO NO. I Remove concrete I I I I 3-A 1 (pavement) I 65 1 SY I $ /Z. E~ /Sy 1 SG'• I Remove concrete I I I I 3-B I (curb & gutter) I 2 ,205 I LF I $ Lo' /LF I C oe' I Remove concrete I I I I 3-C I (driveways & sidewalks)I 205 1 SY I $ /L•CO /Sy O,ee I Preparation of I I lump I I 3.1 1 right-of-way I I sum I $ _ ~L'~/• % I b~-o~ 3.3 I I 1 Unclassified excavation 1 7 ,136 I I I CY I $ ~%'D /CY I' 3.7 I I 1 Compacted fill I 255 1 I 1 CY 1 $ a0/Cy I I I Type 'A' hydrated lime I I I I 4.6-A I (slurry) I 130 I Tons I $ /Ton 1 6' lime treatment of I I I I 4.6-B I subgrade I 14, 345 I SY I $ /SY I D 1 4 1/2' asphalt pavement I I I I 5.7.A-1 I base (Type A) 1 704 I SY I $ /SY I 5`73 7~1,O 1 3 1/2' Asphalt pavement I I I I } 5.7.A-2 I base (Type A) 1 3 ,095 i SY I $ 7 3 ~ /SY 12' Asphalt pavement 1 I I I 5.7.A-3 I (Type D) I 670 I SY 1 $ /Sy I ~,JIJ f 1 1 1/2' Asphalt pavement I I I I 5.7.A-4 I (Type D) 1 3 ,774 1 SY I $ 2- /Sy I 1 2' Asphalt pavement I I I I 5.7.B I (Type D, patch material) 1 75 1 TONS I $ 5O.,!"/Ton I 7S_29,dw I Concrete pavement 6' I I I I 5.8.A I (flatwork) I 12 1 SY I $ 77.OY1/SY I 5.8.B I I I 6' Concrete pavement I 8, 335 I I 1 SY I $ /7SY I _ I ~~~9rvZ•~~ _6.7.2-A I I I Adjust manhole I 5 i I I EA I 8.15 I I I Concrete rip-rap I 1 I I I CY I ~ $ -:-OP140/CY I I a~Li eo 8.2 I I I Integral curb 1 2, 931 I I I LF I $ %LF I 8.2.A I I I Concrete curb & gutter I 500 I i I LF 1 $ S7-S,P/LF I 1 -2 7 ©.L'0 8.3 1 Drivewavs 6' I 195 1 SY 1 $ ~O/67/SY 1 J ?1p-00 I I I I I 8.3.A I Sidewalk 4' 1 5 I SY I $ z~ 6'D/SY I lz)O. /FO I I i I ~ I SP-2 I Concrete saw cut I 200 I LF I $ 1dV/LF I .;1J0 L1Y' I Remove concrete I I I I SP-5 1 (inlet) 1 2 1 EA I $ c7~•~A/EA I ~1. e'- e0- SP-10 I I Adjust valve box 6 I I EA I I $ /WEA I 1 % ea 00 Concrete Alternate Total = $-Lzf ' 0179e P - 4 WORK DAYS 90 BID NO. -96n- Stuart-Pershing Paving (Storm Sewer) PO NO. BID TABULATION SHEET 2.11.5 I I 1 Inlet frame and cover 1 18 I 1 EA 1 I $ ~~~114/EA 1 I ~~C.oo 2.12.3-A I I 15' RCP Class I III I 125 I I LF I 1 $ IL'L /LF I .3 ~ L' 1 ZZ 2.12.3-B 1 18' RCP Class III I 116 I LF 1 $ Z/'zy/LF / 1 T~4= I 2.12.3-C 1 21' RCP Class I III I 82 I I LF I I $ 2y44V /LF I I 00 I 2.12.3-D 1 24' RCP Class I III I 289 I 1 LF I 1 $ 2 ~,GZJ/LF i , I d d 'd I 2.12.3-E I 30' RCP Class I III I 40 I 1 LF I 1 I 2.12.3-F 11 36' RCP Class III I 461 I LF 1 $ 572)/LF I I 2.12.3-G 1 54' RCP Class I III I 450 I I LF I I $ I I 2.12.3-H 1 15' RCP Class I IV 1 45 I I LF I $ ZG'•z'L' /LF I I G o I 2.12.3-I 1 18' RCP Class I IV I 45 I I LF I 1 $ Z.',•GO/LF i a I 2.12.3-J I 27' RCP Class I IV 1 74 I 1 LF I I $ ~O/LF I I ?p oD I 2.12.3-K 1 30' RCP Class I IV I 515 i 1 LF I 1 $ a GO/LF i _ 1 O ~~~s.~~ I 2.12.3-L 1 36' RCP Class I IV i 36 I I LF I 1 $ ~©/LF I I I 2.12.3-M 1 42' RCP Class I IV I 100 i 1 LF I i 1 $ /LF I Li d d ~ 1 y I 2_.13.1-A 1 6' Water I valves I 2 I I EA I - I $ /EA x y I ~ I S ,40, zle I 2.13.1-8 I 8' Water I valves I 3 I 1 EA I _ 1 $ Sgt),-J'/EA I I - e7, 'J I 7.6.A-1 1 Junction (5' x box and cover I 51) I 1 I I EA I I $ d'YEA I I 7.6.A-2 1 Junction (5' x box and cover I 71) I 1 I I EA I 1 $ 2` 0,gEA I I I 7.6.A-3 1 4' Curb inlet I 1 1 I I EA I 1 $ /yA),~~7/EA I I ~4 0' od I 7.6.A-4 1 6' Curb inlet I I 4 I 1 EA i 1 $AY.40/EA i I 7ZOZI.de I 7.6.A-5 1 8' Curb inlet I I 2 I I EA I 1 $:i4)7,)):!/EA I I I 7.6.A-6 1 10' Curb inlet I 1 4 I I EA I I $ ~7~ ` %EA I I 1 d~"~ 0179e P - 5 WORK DAYS 90 BID NO. 9609 Stuart-Pershing Paving (Storm Sewer continued) PO NO. Page 2 BID TABULATION SHEET 1 6' Curb inlet I I I I 7.6.A-7 I (special Type I) I 1 I EA I $~CdD•edEA I 3CZ0 od 1 8' Curb inlet I I I I 7_.6.A-8 I (special Type I) I 3 I EA I $ S.'fEA I oc 1 10' Curb inlet 1 1 7.6.A-9 I (special Type I) I 3 I EA I $ Y~~a /EA I / ZUb- %o 1 4' Curb inlet 7.6.A-10 f (special Type III) I 1 i EA I $ t ~Ut: /EA I ~Y Ga.ro I Metal beam guard rail I I I I 8.12 1 & anchor GF 84 1 150 1 LF 1 $ /.aO/LF 1 7;; SP-4 I Lower water line f 6 1 EA I $ /7137/'E A I 4 a D• I Cut and plug I I I SP-6 I existing 18" RCP I 2 1 EA I $ -57 -~/EA _ I ^~'D• ~'s I Cut and plug I I I I SP-7 I existing 24' RCP I 1 1 EA I$ a 7_0%EA _ _ I a77 T ,10 I SP-8 1 Water service ad I iustmentsf 7 I 1 EA I 1 $ Za),ee/EA 1 I 1,5zee 0 i) I Sanitary Sewer I I I i SP-9 1 service adiustments I 7 I EA I $ •3D~,w/EA I Z/Cc' ,z, I SP-11 I Rock Clause I I I I CY I I $ 22.00/CY 1 I I I I 1 I I I I I I I I I $ I / I I I 1 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 Total Project (Asphalt) Total Project (Concrete) _ $ L-/;47 7 z 41 0179e P 6 WORK DAYS 10 extra BID No. 9609 Juno Street Improvements PO NO. Alternate Bid BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL I Remove concrete 1 I I I 1 75 I SY I $ 1Z,6G /SY I %60- L(D I Remove concrete GD 3.3 1 Unclassified excavation I 21 I CY I $ p0 /CY I /n ~ Go 5.7-B 1 2' Asphalt pavement I I (Type D patch material) 1 46 I I 1 TONS 1 I $ CPO /TON 1 3nd,, Do 8.2-A I I 1 Concret curb and gutter I 471 I I 1 LF I $ I ~O/LF I : G/O S© 8.3 I I 1 Driveways (6' concrete) I 95 I I I SY I $ 77 I l/SY 1 _ Z{~/v~CZ SP-2 I I I Concrete saw cut I 140 I I 1 LF 1 $ I ~-O /LF 21r, tee 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 I I I I I I $ I / I I i I I I I I 1 $ 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 Total Juno Alternate Bids = 0179e P = 7 HAMMETT B NASH. INC. 223 w. HICKORY ENGINEERING AND SURVEYING DENTON.TEXAS BID # 9609 _ PO # ROYAL ACRES-SECTION 7, PHASE I BID TABULATI ON SHEET Item Description Bid Qua ntity Unit Price Ex t Total 6" Lime Subgrade 4473 S.Y. $ Z/F /S,Y, $ ¢,Rzz-.3o Type A-Hydrated Lime 40 Tons $ ~p.ca /Ton $ 3 Lco•cc 3 1/2 Asphalt-Type G 3502 S.Y. $ G.3i__ / S . Y . $ 1 LZa.s7.7o 1 1/2" Asphalt-Type D 3502 S.Y. $ Z.7o /S.Y. $ '7,s/TIT, 4c Standard Curb 22,17 L.F. $ .CSC/L. F. $ 121 9-23, ac Concrete Flatwork Intersection 140 S.F. $ 3.JJ /S.F. $ ¢Z C, v 6 F-77 Barricade 40 L.F. $ L. F. $ Jbo,Jd Post for Barricade 5 each /each $ p,c Sanitary Sewer Manhole-4' diameter-std 1 each $ each $ /Z 2D•LJ dro p 1 each $ /sso•JJ/each $ a ao'•J Main-8" Ductile Iron 113 L.F. $ /f.so/L. F. $ 0 8" SDR-35 0 1099 L.F. $ iwso/L. F. $ i> y33•,,0 45 El (for cleanout) 3 each $ /sins/each $ ~io•r. Cleanout Stack 3 each $ /ZS,Ja/each $ j '7_s ,o Cap & Pad 3 each $ i~o•:a/each S 4yd. Concrete Encasement 28 L.F. $ ,o..v/L. F. Service (4" diameter) 42 each $ /y~, ,.7/each $ n , c water Main-6" C-900 PVC 1254 L.F. $ io.57-a/L.F. S i3,iG7•LD 8"x6" T.S.& V. 1 each $ zLOC,~/each $ 210",o't 11 1/4o Bend 1 each $ / s-o•ce/each $ / ~;-o,IO 6"x6" Tee 3 each $ /rU,J,/each $ eLso, J` 6" Valve 4 each $ 3zs;Je/each $ /-~co• ~d Fire Hydrant 2 each $ yzj, a/each $ • 6 Plug 1 each $ S'pJ~ each $ S-o.Ja 2" Blow off 1 each $ 2;V,11 each $ cJ Services 42 each $ each $ s> TOYeG s ~ ~G) L~ d ~~Y"/%"O r PROJECT SUMMARY SHEET 1A) Asphalt alternate with total project 1B) Asphalt alternate with total project plus Juno alternate 2A) Concrete alternate with total project 2B) Concrete alternate with total project plus Juno alternate 3) Royal acres bid - section 7 - phase 1 4) Total low bid 1B+3 or 2B+3 = $ W3,?" 7ss'. zL 7 3~ = $ 7,5;2. e,-ZZ-) _ $ AIL / ~O, JO $ Z7 i The projects are being bid together to allow economies of scale. It is the intention of the City of Denton (Stuart Pershing Project) and Charles Ginnings (Royal Acres + part of Stuart Road) to award all the above projects to the low bidder as per #4. Charles Ginnings reserves the right to not accept the bid on #3, but will most likely award to receive the economy of scale, one contractor, and speed of construction. Please call at 566-8355, attention Jerry Clark on any questions. P - 9 BID SUMMARY TOTAL BID PRICE IN 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. JAG City and State Seal & Authorization (If a Corporation) J 'y4 Telephone P - 8 ~treemt- Addres P S 7 ~.-I ~~OLEY ~F\ATHERST( HUFFMAN IDEAL roYPW., \ ,v..I,let.t July 9, 1986 Donal Belay R. G. "Bob" Fran W. B. Featherston Jim Hawkim M E "Eddie" Huffman. CW Tom Miller Steve Deal Mike Wilson Bari Boley Robert Wilson W 111 , A! Steve Burleson Randy Wiseman, !~O~ V MET ..BONDS, (YOLLt J E qz n% LJLL3i ms," _P.O. Drawer 10, Wichita Falls, Texas 78307-Phone: 817_723.7111 City of Denton 901-B Texas Street Denton, Texas 76201 Attn: John Marshall,C.P.M. Purchasing Agent Re: Job being performed by Atkins Brothers Equipment Bid #9609 Dear John: This letter is to confirm that all the insurance requirements for the above mentioned job have been met. Attached please find 4 copies of Certificates of Insurance and a binder through CNA binding the O&CP policy. Also please note that endorsements adding the City of Denton as Additional Named Insued on all policies have been ordered and will be forwarded upon receipt fran cculpany. Please be advised that in response to your request we issue O&CP policy with the limits of $300,000. Bodily Injury and $100,000.00/ 1,000,000.00 Property Damage, we have been advised by our caopany that they cannot write coverage above what is on the underlying policies which is $500,000.00 Combined Single Limits. We feel that $500 CSL along with the insured's $2,000,000.00 umbrella exceeds your reruirewnts. If your have any questions please contact Steve Deal. Sincerely, t- Bowie, Electra, Henrietta, Wichita Falls Binder No. NAME AND ADDRESS OF AGENCY COMPANY C T1a TTl13It I-anc:G C O alit is 111 es ' i ,T:f(:11„.F:Y>F'F=:(1'T'F•11=F2F3'1'qt•!,1••IL1F~1=t•5(ai~,Tll'r.:FiL.. F'.G. DRAWER 10 Effective 12E01Am 0714S619 WTf:H:f.'T'A II'AI_.L_5,'T'X '76:30.7 Expires 12:01 am ❑ Noon 19 ❑ This binder Is Issued to extend coverage in the above named company per expiring policy It LINS:I]TF: T;:CNT71?:oi R pt as note De ow NAME AND MAILING ADDRESS OF INSURED Description of Operatlon/Vehicles/Property (:TTY GF' DE:HroN 901-1f TEXAS GTREk::T T:ENTON, Type and Location of Property Coverage/Perils/Forma Amt of Insurance Ded. Caine' P - - - - - - R 0 P E R T Y I /F Limits of Liability nsurance Type of Coverage orms Each Occurrence Aggregate L 1 ❑ Scheduled Form El Comprehensive Form - Bodily Injury $ $ A ❑ Premises/Operations I ❑ Products/Completed Operations Property Damage $ $ L 1 ❑ Contractual Bodily Injury & T ❑ Other (specify below) Property Damage $ $ Y ❑ Med. Pay. $ Per $ Per Combined Person Accident ❑ Personal Injury ❑ Persona l Injury $ Limits of Liability A ❑ Liability ❑ Non-owned ❑ Hired Bodily Injury (Each Person) $ UT ❑ Comprehensive-Deductible $ Bodily Injury (Each Accident) $ E) Collision-Deductible $ M 0 ❑ Medical Payments $ Property Damage $ B ❑ Uninsured Motorist $ L ❑ No Fault (specify): Bodily Injury & Property Damage E ❑ Other (specify): Combined $ ❑ WORKERS' COMPENSATION - Statutory Limits (specify states below) ❑ EMPLOYERS' LIABILITY - Limit $ SPECIAL CONDITIONS/OTHER COVERAGES PINDIN(.) OWNERS & (:ON'T'RAC'TORE) PROTECTI VE I.A:A)E41:i.XFY F'I:'N1:11:NG RI.*.CE1PT OF POLICY FROM THE COMIn'ANY. OUR 1:N(3(JRF"112 A'TK1N;3 DROT'I-IL'R' E(:.(J:1:1='MEN'T CO., INC.-- 910 W. MARSFIAL„L. - (3RANTI F'FiA:I:RI:Ii=, 'T'X. 76050 RE.* F'AV:EN(3 At TIRAI:NAGI::: :I:NP'R(aVEi:MI:NT> AT F'Ei:R43HTNC3 AND S-TUART, DI-':N'rON, TX. NAME AND ADDRESS OF ❑ MORTGAGEE ❑ LOSS PAYEE ❑ ADD'L INSURED LOAN NUMBER 7/US/F IE ~V I L Signature of Authorized Representative Dete 75111-77) 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 r- 7 City of Denton 901-B Texas St. Denton, TX 76201 Bid # 9609 L Attn: John J. Marshall, C.P.M. Purchasing Agent J DATE: REMARKS: Paving & Drainage Improvements at Pershing and Stuart, Denton, Texas. NAME AND ADDRESS OF INSURED: Atkins Brothers Equipment Co., Inc. 918 West Marshall Grand Prairie, Texas 75051 Insurance Company Type of Insurance Policy Effective Expiration Number Date D Date LIMITS OF LIABILITY' Workmen's Compensation Statutory and Transcontinental Employers Liability W0002331706 5-30-86 5-30-87 Employers Liability Limits-$100,000 Comprehensive Bodily Injury Transcontinental General Liability 1 00339315 5-30-86 5-30-87 $500,000 CSL $ Each Occurrence Aggregate Products $ & Completed Operatic Property Damage $ Each Occurrence $ Aggregate Operations $ Aggregate Protective S Aggregate Contractual Aggregate rraducts $ & Completed Operatic Comprehensive Bodily Injury$500,000.00 CSL Automobile Liability" $ Each Person :ranscontinental CCP002331634 5-30-86 5-30-87 $ Each Ocmrrence Property Damage $ Each Occurrence )elta Lloyd's Umbrella DU 10587 5-1-86 5-30-87 $2,000,000.00 Transcontinental 0 & CP Under Binder 7-14-86 7-14-87 $500,000.00 CSL -Absence of any appropriate entry means no such insurance is in force. "Covers all owned, non•owned or hired vehicles (817) 723-7111 PHONE N1110EF. OF AGENCY NANE AND ADDRESS OF AGENCY : HOLEY-FEATHERSTON-HUFFMAN & DIAL P.O. DRAWER 10 TA FALLS, T> 78307 ~~C// G Authorized Representatives of the Insurance to above DATE July 1, 1986 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT Bid #9626 Contract Concrete Work RECO14MENDATION We recommend this bid be awarded to the lowest bidder Bitter Creek Construction The annual estimated cost will be approximately $150,000 00 SUMMARY This bid is the routine concrete work projects required from time to time by the City of Denton Included are sidewalk and driveway repair, curb and gutter, drainage inlets, man holes and other projects involving finished concrete work Single poriects estimated to exceed $25,000 00 will be returned to Council for additional approval BACKGROUND Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Street Maintenance and Engineering FISCAL I14PACT Budgeted funds and approved Bond funds Respectfully submitted Lloyd V Harrell City Manager Pre ared by Name Tom D, Shaw Title Assistant Purchasing Agent Approved e John Marshall Title. Purchasing Agent _ _ ! tl L11 6 Y N ~l I I I W } . CD V O fn 3u N r C} CS ~ I n m a a I I o r I 1 -a -a I 1 I IA 1 an r nl 1 -y 1 1 e 1 I 1 I I 1 i n v cn u~ n ra n n e x. s z+ rs] 's+ m P s. ` cn s m m m~ 1 I I I 4 0 " o -i ~ cl c o a m m m m m x ' cr G~ fs} rs} m x n r rs} x_ rs]S c 'w s rsa c r} cl n x+ m c m c M r m Jt n z] I I m y n n rs] s rs] r 4n wr m n m s w s r r r r a f' s x r_t m l -I I o n a w z o x w w w w r m r r c w x a w rt w m , m m y z a i a l r u} m c m n x s ~ ~ n ] m I m l c n rr r ~c 2 xof rr O Z} w 1 2 4 nt m m m I- ~ 1 U1 1 - `CI q T S< w m 'r' m i w --1 w CI T 1} ~r 1 I 1 t ° m rn s. h v m s ~ z m ro i i a a } c i m m 1~ 1 m y F as Ix--m o r i m ~ ~ 1 1 0 1 m w ~ 1 S I I E I C~ y I 1 t T• w I 1 I 1 1 1 m i 11m m I T I s r r s l m h o ut a a n_ - m - a l m e ) a nJ N h] N G V sJ Jt c c a _ s] s a o c a G to w G at ^-I a r_rl 0 4n I I a o N N ^ ~ Jt C U O C a_ G V 4 ~r ~ O n c I I I I o U G G o G G o a o rJl [n I I I I I 1 m 1 I I ~ 1 C1 1 1 O I I ~ 1 I I I I _ I I I I I o z w I I n N 41 P Jr 411 fJ1 ff N rv+ - ~ [1 I C 1 C} I Z A S n N N N Ll W U Jl hl J1 Cn ~ JI Jt it ^ I'[I 1 .Zf .T ~ G S fJ1 N N b G O .S C) C C [.fl O r ti m C' G LJI G C) fll t) C G ~ C+ G ~ ' A T ` 1 1 n ZAt G V O 'C G O a C O V G V U G O n G C c. C ; ~ CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this day of A.D., 19 66, by and between The City of Denton, Texas e(a -l 2 of the County of Denton and State of Texas, acting through Lloyd V. Harrell, City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and Bitter Creek Construction, Inc. of the City of Coppell , County of D4112 CS 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 #9626 - Contract - Concrete Work 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 Jerry Clark Engineer , all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in 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: The C'tv of Denton, Texas Party o e First art, OWNER loyd V. Harrell City Manager (SEAL) ATTEST: 1317[&r-(?we,e1< C'©hSTyuci `oh -F21co-, Party ~ojf- the Second Part, CONTRACTOR t igTe (SEAL) APPROVED AS TO FORM: Ci Attorney CA-2 0044b SIDEWA.LK,_CURB AND GUTTER BOND BID # 9626 BOND #B62-15-77 THE STATE OF TEXAS I COUNTY OF DENTON J KNOW ALL MEN BY THESE PRESENTS: CITY OF DENTON I That we, Bitter Creek Construction,Inc. as principal, and the other subscribers hereto as sureties, are held and firmly bound unto the City of Denton, Texas, a municipal corporation, its successors and assigns, at Denton, Texas, in the sum of One Thousand ($1,000.00) the pavment of which well and truly to be made, we hereby bind ourselves, our heirs, successors, and assigns, forever firmly by these presents; WITNESS OUR HANDS ON THIS the 7th day of July A. 0. 198 6. The condition of the above obligation is such that whereas the said Bitter Creek construction, Inc. has made application for a permit to construct, repair and reconstruct sidewalks and/or curbs and gutters in the City of Denton, Texas; NOW THEREFORE, if the said Bitter Creek Construction,Ine. shall do all work in the construction, repair and reconstruction of any sidewalk and/or curb and gutter in a good and workmanlike manner, and if the said Bitter creek construction.Inc, shall faithfully and strictly comply with the specifications and with the terms of all City Ordinances, resolutions and regulations that are now or may be in effect, in Denton, Texas, relating to the construction, reconstruction and repairs on sidewalks and/or curbs or gutters, and if the City of Denton shall be fully indemnified and held whole and harmless from any and all cost, expense or damaoe, whether real.or asserted on account of any injury done to any person or property in the prosecution of said work, that may arise out of or be occasioned by the performance of said work, by the principal herein, and if said principal shall without additional cost to the person for whom the work was done, maintain all sidewalks, and/or curbs or outters, so constructed, reconstructed, or repaired by the said principal for a period of one year from the date of such construction, reconstruction or repair, to the satisfaction of the City Engineer, and shall reconstruct or repair such sidewald and/or curb and qutter to the satisfaction of the said Citv Engineer of the City of Denton, texas at any time within one year after the construction, reconstruction or repair of such sidewalk and/or curb or gutter, upon a ten day notice from said engineer; then this obligation shall be null and void; otherwise, it shall remain in full force and effect. The term of this bond shall be for a period of one year from the date hereof. WITNESS OUR HANDS ON THE DAY, MONTH AND YEAR, ABOVE WRITTEN. APPROVED: Mayor APPROVED: BBITTER RE f~ g P JiSTRUCTION,INC. ~!3{ Principe RELIANCE COMPANY By: Surety Robert D. White, Attorney-in-Fact Ci Attorney RELIANCE INSURANCE COMPANY HEAD OFFICE, PHI LADELPH I A, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania, does hereby make, constitute and appoint Robert D. Mite, Charles A. COnselman, Suszette White and David C. Oxford, individually, of Dallas, Texas its true and lawful Attorney-in-Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings of Suretyship, and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By-Laws of RELIANCE INSURANCE COMPANY which became effective September 7, 1978, which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vim President or Assistant Via President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognisences, contracts of indemnity end other writings obligatory in the nature thereof, and (b) to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him. 2. Attorneys-in-Fact shell have power and authority, subject to the terms and limitations of the Power of attorney issued to them, to execute and deliveron behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3 Attorneys-m-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indem- nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RE LANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolution has not been amended or repealed: "Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has mused these presents to be signed by its President, and its corporateseal to be hereto affixed, this 4th day of November 1S85 j $UnA.,, / -f\ RELIAN INSUR COMP NY W ~ x 'sv~ o V President nD aV t STATE OF Pennsylvania COUNTY OF Philadelphia On this 4th day of November , 19 85, personally appeared Raymond MacNeil to me known to be the Vice-President of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing Instrument and affixed the seal of said corporation thereto, and that Article VII, Section 1, Z, of the By-Laws of said Companyysd-Ithe Resolu. lion, set forth therein, are still in full force. My Commission Expires:`" s, > sapp' ~ Hap 24 1986 va V Notary Public in and for State of Pennsylvania Residing at Philadelphia I, P. D. Cros BOtta . Assistant Sxret .t RELIANCE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney e d RELIANCE INSURANCE COMPANY, which is still in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affix J he ?da mpan, this 7th day of July t9 86 tom--- r Assistant Secretary, BOR 1431 Ea 6 79 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 wilt 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 II DATE: r REMARKS: City of Denton 901-B Texas St. Denton, TX 76201 Bid It 9626 L Attn: John J. Marshall, C.P.M. Purchasing Agent I Contract - Concrete Work NAME AND ADDRESS OF INSURED: BITTER CREEK CONSTRUCTION, INC. 580 S. Denton Tap Rd., Suite 11290 Coppell, Texas Policy Effective Expiration Insurance Company Type or Insurance Number Nu Date Date LIMITS OF LIABILITY' Chilton Insurance Workmen's Compensation #C1221 2-5-86 2-5-87 Statutory Company and ' Employers Liability Employers Liability Limits-$100,000 Comprehensive Bodily Injury INA of Texas General Liability #TCMPD144101- 11-1-85 11-1-86 56 $ 500,000 Each Occurrence Aggregate Products $1,000,000 &Completed Operation Property Damage $ 250,000 Each Occurrence $ 25U,UUU , Aggregate Operations $ 250,000 Aggregate Protective $ 250,000 Aggregate Contractual $ 250>000 ♦sggregate r•rooucts & Completed Operation Comprehensive Bodily Injury 300 000 - #cAL774977 11-1-85 11-1-86 ' Each Person $ INA of Texas Automobile Liability $1 000 000 Each Occurrence Property Damage $ 250, 000 Each Occu...nce BI INS.CO. OF OWNER'S #WCI687070 7-7-86 7-7-87 $300,000 Each Person NORTH AMERICA PROTECTIVE $300,000 Each Occurrence LIABILITY PD $100,000 Each Acciden $1,000,000 Aggregate 'Absence of any appropriate entry means no such insurance is in force. "Covers all owned, non owned or hired vehicles. 214/ 638-0471 plump. MmmEP. or ACEllcy NAME AND ADDRESS Ut AULM,1 White & Conselman,Inc. 3211/ Irving Blvd.#118 Dall2s. TO 115247 1 Joe Johnston or the Insurance Companies referred to above. t CI-2 BID-NUMBER 9626 BID PROPOSALS Page 1 of 2 Item Number Description Unit Price 1. 432 Concrete Riprap $31.00 /S.Y. 2. 440 Reinforcing Steel $ 0.60 /LB 3. 470-1 4' ID Manhole (0'-6' Depth) $950. /Ea. 4. 470-2 5' x 5' Junction Box (0'-6' Depth) $1,050./Ea. 5. 470-3 4' Inlet (0'-6' Depth) $1,000./Ea. 6. 470-4 6' Inlet (0'-6' Depth) $1,150./Ea. 7. 470-5 8' Inlet (0'-6' Depth) $1,35o./Ea. 8. 470-6 10' Inlet (0'-6' Depth) $1,500./Ea. 9. 470-7 Rebuilt Inlet (Remove & Replace Top) $ 600./ a. 4' Inlet $ 500./Ea. b. 6' Inlet $ 525•/Ea. c. 8' Inlet $ 550./Ea. d. 10' Inlet $ 600./Ea. 10. 471 Ring and Cover (Inlets) $80,00 /Ea. 11. 479 Adjusting Manhole (0'-4') $ 300. /Ea. 12. 520 Dowel On-Integral Curb $4.00 /L.F. 13. 522 Concrete Curb and Gutter $6.50 /L.F. 14. 524-1 Concrete Driveway $30.00 /S.Y. 15. 524-2 6" Concrete Pavement (Radius, Etc.) $29.00 /S.Y. 16. 524-3 Concrete Sidewalk $22.50 /S.Y. We quote the above f.o.b. Denton, Texas. Shipment can be made in 10 days from receipt of order. Terms net unless otherwise indicated. In submitting the above bid, the vendor agrees that acceptance of any or all bid items by the City of Denton, Texas within a reasonable period of time constitutes a contract. P.O. Box 247 Mailing Address Coppell Texas 75019 City State Zip (214) 471-0038 telephone Bitter Creek Construction, Inc. Bidder Slgnatu naWre President Title BID # 9626 PROPOSAL TO THE CITY OF DENTON, TEXAS For the Construction of Concrete Improvements 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. 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-1 BID-NUMBER 9626 t51U PROPOSALS Page 2 of 2 Item Number Description Unit Price 17. S.P.-2 Saw Cut (Existing Concrete) $2.00 /L.F. 18. S.P.-3 Stru ctural Concrete (Class A) $275• /C.y. for Headwalls, Wingwalls, Etc. See Item 440 for Steel. Contract period one (1) year from date of award. The Contract will be exectuted for project items designated by the City. The size and scope of each project will determine if bonding is necessary. When bonding is necessary, the cost will add to the bid price. The City of Denton reserves the right to award this bid by item if in the best interest of the City of Denton. Insurance as shown in this bid is required for all projects. This contract may be extended for an additional one year period upon mutual agreement of both parties. We quote the above f.o.b. Denton, Texas. Shipment can be made in 10 days from receipt of order. Terms net unless otherwise indicated. In submitting the above bid, the vendor agrees that acceptance of any or all bid items by the City of Denton, Texas within a reasonable period of time constitutes a contract. P.O. Box 247 Mailing Address Coppell, Texas 75019 City Slate Zip (214) 471-0038 Telephone Bitter Creek Construction, Inc. Bidder stca...-~ / Signature President Title DATE July 1, 1986 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT Bid #9627 CDBG Paving for Bushey Street RECO14MENDATI©N. We recommend this bid be awarded to the lowest bidder Bitter Creek Construction Co in the amount of #50,404 75 SUMMARY This bid is for a Community Development Block Grant project to recondition the roadway on Bushey Street The project involves the removal of the old road surface, curb and gutter and the repaving and installation of new curb and guttering BACKGROUND Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED CDBG FISCAL IMPACT CDBG Funds Respectfully submitted Lloyd V Harrell City Manager Pr ared by Name Tom D Shaw Title Assistant Purchasing Agent Approved Na arshall T1 e. Purchasing Agent h c) z° b m u VJ m VJ VJ R S 1 I JP 1 1 } T r+ r m e a I I O ~ I s m - w 1 ~ u I I 1 1 ~ W r- zJ 1 m I ti I I I 1 I n 'J -r 1 I 1 "J U I r3J } I I m 1 ¢i v 1 I I U S r 1 m 1 ~ r 3 I 1 s I 1 M .i^ m i m i of cn 1 I v a+ ~ c I _ I c .a. I I z I 1 uJ 1 Z x I i I ~ I m ~ 4 I I 4 UJ 1 1 d. I I "1 1 I 1 I I 1 I I I U ~ 1 1 I 1 I O D 2 l a I s i r x. I a 1 a i ~ l o l z r J - I I ~J 1 I s u ~ z ~ v I 1 I I 1 o m i i L 1 I ~ G i m ~ y. i 1 m .T 1 n} c -J 3 .YJ .'[J -N I C I ~T. S? i a ~ cn i i m ~ s I 1 I 1 I I ,J I I I ~ I ~ I rn I 1= c. JY I S I •G SS m 1 4 1 r• m n i ~ i n rn to I I 1 I 1 I I I I 1 n I I J I m I ~ cJ - I .Z' I 3'U ~ I IJ I '[J 3 1 Tl I S.' ~'1 3J V] y J 1 I I I C) 'r! Yca is ce2 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this day of A.D., 19 by and between The City of Denton, Texas of the County of Denton and State of Texas, acting through Lloyd V. Harrell, City Manager thereunto duly authorized Party of the First Part, hereinafter termed the OWNER, and Bitter Creek Construction, Inc. 580 S. Denton Tap Road, Suite #290 of the City of Coppell , County of 2)21112S 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: Rid #8627 CDRC Paving for Ruthey Strut Purchase Order #74220 in the amount of $50,404.75 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 so to do, 0044b written explanatory matter thereof, and the Specifications therefore, as prepared by Jerry Clark,' City Engineer , all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in 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: LIA4 The City of Denton Party o "he First art, OWN B AH / Toy ar rell City Manager (SEAL) ATTEST: "o Party f the Second Part, CONT TOR sy l2ccu Ti e (SEAL) APPROVED AS TO FORM: 0 Cit 0 Attorney CA-2 0044b PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON BOND NO. B62-15-78 KNOW ALL MEN BY THESE PRESENTS: That BITTER CREEK CONSTRUCTION,INC. , of the City of Coppell County of Dallas , and State of Texas as PRINCIPAL, and RELIANCE INSURANCE COMPANY , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF DENTON, TEXAS as OWNER, in the penal sum of Fity thousand Four hundred Four dollars and 75/100 ------------Dollars 50,404.75 ) 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 7thday of July , 19 86, for the construction of Bid 119627 CDBG Paving for Bushey Street Purchase Order 1174220 in the amount of $50,404.75 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 County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 7th day of July , 1986 BITTER CREEK CONSTRUCTION, INC. Principal By ~ RELIANCE INSURANCE COMPANY Surety By: Robert D. White ~./Le. JY/ Title Address 580 S. Denton Tap Rd. 11290 Coppell, Texas Title Attorney-in-Fact Address 3211 Irving Blvd.11118 Dallas, Tx 75247 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Robert D. White, White & Conselman,Inc. 3211 Irving Blvd.11118, Dallas, Tx 75247 NOTE: Date of Bond must not be prior to date of Contract. PB-2 0091b PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That of the City of Coppell BITTER CREEK CONSTRUCTION,INC. , County of Dallas , and State of Texas , as principal, and RELIANCE INSURANCE COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto CITY OF DENTON, TEXAS , OWNER, in the penal sum of Fifty thousand four hundred four dollars and 75/100 Dollars 50.404.75 ) 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 7th day of July , 19 86 . Bid #9627 CDBG Paving for Bushey Street Purchase Order 1174220 in th amount of 5o 4()4-79 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 7th day of July , 19 86 . BITTER CREEK CONSTRUCTION, INC. Principal By tce. r RELIANCE INSURANCE COMPANY Surety Robert D. White Title - Address 580 S. Denton Tap Rd .#290 Coppell, Texas (SEAL) The name and address of the Resident Agent of Surety is: (SEAL) Robert D. White, White & Conselman,Inc. 3211 Irving Blvd.#118, Dallas, Tx 75247 PB-4 Title Attorney-in-Fact Address 3211 Irving Blvd.#118 Dallas, Tx 75247 0092b MAINTENANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT BITTER CREEK CONSTRUCTION, INC. as Principal, and RELIANCE 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 Fifty thousand four hundred four dollars and 75/100 ---------------Dollars 50,404.75 , 10x 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 BITTER CREEK CONSTRUCTION, INC. has this day entered into a written contract with the said City of Denton to build and construct Bid X19627 CDBG Paving for Bushey Street Purchase Order 74220 in the amount of 50,404.75 which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, and: WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. MB-1 0093b 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 BITTER CREEK CONSTRUCTION,INC. as Contractor and Principal, has caused these presents to be executed by Doyle Davis and the said RELIANCE INSURANCE COMPANY as surety, has caused these presents to be executed by its Robert D. White and the said Attorney-in-Fact this 7tbday of July , 19 86 . SURETY: RELIANCE INSURANCE COMPANY BY: Robert D. White Attorney-in-Fact PRINCIPAL: has hereunto set his hand BITTER CREEK CONSTRUCTION, INC. Rv P/L-~ Doyle Davis MB-2 0093b RELIANCE INSURANCE COMPANY 1. 1 HEAD OFFICE, PHI LADE LPH IA, PEN NSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania, does hereby make, constitute and appoint Robert D. White, Charles A. Conselman, Suszette White and David C. Oxford, individually, of Dallas, Texas its true and lawful Attorney-in-Fact, to make, execute, seal and deliver for and on its behalf, and as its act and dead any and all bonds and undertakings of Suretyship, and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and settled and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By-Laws of RELIANCE INSURANCE COMPANY which became effective September 7, 1978, which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board, any Senior Via President, any Via President or Assistant Vice President or other officer designated by the Board of Directors shall have sower and authority to la) appoint Attorneys-in-Fen and to Authorize them to execute on behalf of the Company, bonds and undertakings, rAodgr iunces, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him. 2. Attorneys-in-Fact shell have power and authority, subject to the terms and limitations of the power of Attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, remilnizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, reco9nizances, contracts of indem- nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Rnoluoon has not been amended or repealed: "Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimple signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed, this 6th day of November 1S85 i sue tr. flELIAN INSUR COMP NY a` ~f s ` yt ,y o V President STATE OF Pennsylvania 1 u.~pe COUNTY OF Fhiladelphia f On this 4th day of November , 19 85, personally appeared Raymond MacNeil to me known to be the Vice-President of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed And attested the foregoing of the By-Laws of mid Co~y~d-the Resolu- Instrument and affixed the coal of aid corporation thereto, soil that Article VII, Section i, 2. tion, cot forth therein, are still in full force. ;es°24a My Commission Expires: if a / 2k 19 86 ;a E Notary Public in and for State of Pennsylvania p'','I f 'yep Residing at Philadelphia 1, P. D. Crossetta . Assistant Secret .s RELIANCE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney ` - I d RELIANCE INSURANCE COMPANY, which is still in lull for" and of f Act. = 42~ 19 86 IN WITNESS WHEREOF, I hate hereunto set my hand and affix l his W*Aa mpeny this 7th day of Jul _ s i -4 1, ;a J Z - fA M~ Assistant Sec,eia SDR 1431 Ea 6 79 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 F 7 City of Denton 901-B Texas St. Denton, TX 76201 L Attn: John J. Marshall, C.P.M. Purchasing Agent Bid 11 9627 J DATE: July I.Pbb REMARKS: CDBG Paving for Bushey Street Purchase Order 1174220 in the amount $50,404.75 NAME AND ADOREiS OF INSURED: BITTER CREEK CONSTRUCTION, INC. 580 S. Denton Tap Rd., Suite 11290 Coppell, Texas Policy Effective Expiration Insurance Company Type of Insurance Number Date Date LIMITS OF LIABILITY- Chilton Insurance Workmen's Compensation IIC1221 2-5-86 2-5-87 Statutory Company and Employers Liability Employers Liability Limits-$100,000 INA of Texas Comprehensive IITCMPD144101- 11-1-85 11-1-86 Bodily Injury General Liability 56 $ 500,000 Each Occurrence 1 000 000 Aggregate Products $ ' ? & Completed Operatic Property Damage $ 250, 000 Each Occurrence S 250,000 Aggregate Operations $ 250,000 Aggregate Protective $ 2-50 . 000 Aggregate Contractual 250 000 Aggregate eroducts i d O > perat c & Complete $ INA OF TEXAS Comprehensive IICAL774977 11-1-85 11-1-86 Bodily Injury Automobile Liability" $ 300 000 Each Person $ > > Each Occurrence Property Damage $ 250, 000 Each Occurrence INS.CO. OF OWNER'S #WCI687070-A 7-7-86 7-7-87 BI $300,000 Each Person NORTH AMERICA PROTECTIVE $300,000 Each Occurrenc LIABILITY PD $100,000 Each Accide. $1,000,000 Aggregate -Absence of any appropriate entry means no such insurance is in force. "Covers all owned, non-owned or hired vehicles. 214/638-0471 NAME AND ADDRESS OF AGENCY : White & Conselman,Inc. 3211 Irving Blvd.11118 Dallaq Teas, 7524] ! Joe Johnston 4u[hn.bdrf/aenresErftanves of the Insurance Companies referred to abov. at Hua-.dtJs.J (7.441 U.S. Department of Housing and Urban Development CERTIFICATE OF OWNER'S ATTORNEY 1, the undersigned, - , ra e K b it, 0 t 5 the duly authorized and actin` legal representative of el I~ Q follows: T(' &_11 do hereby certify as I have examined the attached contract(s) and surety bonds and the manner of etacution thereof, and I am oa the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives: that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon: and that the foregoing agreements consti- tute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. Date: A %V 61 - ► " ` L'- 0 CO-1 Y.. G a w M 0 •nO Ue P.n 4f vEL01u n COMMUNITY OevELC- AT of OCR CRANT PROCRAr CONTRACTOP" ^.ERTIFICATION CONCERNING LABOR STANOn..q fNO PREVAILING WAGE REQUIREMENTS xerip.e.U: Texas 0.19 ..0:%27mocn r rNll cCT w,ra CDBG Pavina for Bushev St. 1. The undersigned, having executed a contract with Thp Ci t,, of Denton fa the cs (a) The Labor Standards Pr@vtaiom are included (b) Correction of any infnelmns of the aforesaid any Iwer U•r aabeantrortora, is his responnib 3etmn of the above-identified project, acknowledges that: afatesnd contract; .tnons. Including infractions by any of his suhconlroclen and 2. He <«nlio that: (a) Neither he nor any firm, partnership or assonmel in which he has substantial interest a designated as an ineligible contractor by the Comptroller Genera the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of labor, Part S f29 L1W, ('a- or pursuant to Section 3(a) of the Oavis•8amn Act, as mended 140 U.S.C. 276._21@)). (b) No part of the aforementioned contract has beer..., will be subcontracted to any subcontractor if such sub. contractor or any firm, corporation, partnership insociatlon in which such subcontractor has a substantial interest is designated as an ineligible cantrav ;unuant to any of the aforementioned regulatory or statutory Provisions. 7. He agreea to obtain and forward to the eforementionri :ooipant within ten days all&, the etermtion olanysubconlnct, including those eseculed by his subcontractors and en/ lower tier subcontractors, a Subcontractor's C«lificaooa Concerning Labs Standards and Prevailing Wage Reeuirements executed by the subcontractors. A. No eertifi•s then (a) The legal reme and the bvaaea• address d the vnden-yned Win Bitter Creek Construction, Inc. 580 S. Denton Tap Rd. Suite#290 Coppell, TX 75019 lit ANwOLl rnnrnrtTOwfwt. I~'. +conrOw.TiOr Ona.Nitto,r Tne ST., a or A r«aTNamwil IM 01na.GoaA11ia AI.0. NUO-901 U-131 (4 Il.r ns+a .nd .d•.ww of all mh.r futon., LaIL c4O.'•11 end ...y..p., A.on~ t ubu.nlwl w.... I n 1h. •nner...pwA, Mwr( I Aou.441 I TII.09 CI.M01C.l111r Nr. 1(.W InfIV/1 By MANNING V.i GvunN b1p t.O'.n 1010, TIII. 11. Y.J.C. M•'•r. Iw '•vh.•r•.... w•u.. 1•••••. " • nu'♦'.•••; u. uurn..w'. lwer.nl Ns .M. 0 M L ..........'a be 1'. w1 M. q.w IS.Y'i0p rry.uWM ne..nve w•n •.•rn." C-10 TI.. news, sold .......d led. do uL<nwn. of dl Ihw hu. U.n1 Hwurv.l».......u.r..n .h". the .ed.•.'ynN he, U.S. OepARTMt NT Of ItOVS41O AMO URSAM De YeLOIMe NT COMMUNITY O[y[LOa M[NT BLOCS dRANT /ROOSIAM SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE R TO tApp.p.»I. oars INoIecT MAMt 1. T1ie undersigned, having executed a contract with alrYUer er Y eenMafmr ~ alYlf 1 w1 the @mount of f In the construction 0( the •bove•idenUOed project, certifies that: (a) The Labm Standards Provisions of The Contract For Construction am included in the a(orasaid contract. (b) Neither he nor any firm, cotptimu". partnership at assaCratian in which he has • substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Seaton 5.604 of the Reguiai,ws of the Secratxry of Labor, Pan 5 (29 CFX. Pan 5), or pursuant to Section S(a) of the Pavis- Bacon Act, as ameaed 00 U.S.C. 27da-2(o)). (e) 'No pan of Um almementioned contract has been or -ill be subcontracted to any suocuntractor if such subcontractor or any firm, eerpontton, partnership or Sssuetaoon in Which Such suacontractol has a substantial interest is dtsignatae an In ineligible contractor pursuant to tits adom"'d mgulatary of statutory provisions. 2. Be agrees to obtain and forward to the eminctor, for transmittal to the recipient, within ten days after the aoecution of any lower subcontract, a Subcomisctar's certification Concerning Labor Standards and Prevailing Watt Rsquuw marina, executed by the lower bet suoeontraeloq in duplicate. (s) The wurkmeo will report for duty on or about 114"JI haws err. In Aa1N469IROIRICTORa IIi III A COAICRAT10% OwaaNlaaO IM TNa ST.rs Or: III AIAATRaRS.-It 1.1 OY.I. ORd.WSATIOR(O..rr,64 C-11 !e1 U...... till. and addrau of the a..". Satinets of elburs of Ilia unawsignd (d) The neooo end diet.... 1 ell Ihw ywten., teeth newel enJ cngente. Irelq a Ilk"Ift"ej in if., (Seleentnerrd By (Sipeuw0 IT7pe1 Ns., ..d TMq WARNING U.L OW. 1 Cede. See6en 1010, Till* 19. U.LG. .Held. In pre "~heow..... wehn, C..eee, ettw4 er pehlbhen e.tT ne.wat. hneerinS the .e . t. be ble...... ell be Ilawl not won Uee IS.000 er IwOAeened .et woe 0w I.. S..... ee wit... C-12 (e) The non", eddnuot end Irde chtuilicw.ene of oil elhw ►eJdi"I :enSUVdien contreclwe in vhieh the endereiSnd has COMMUNITY DEVELOPMENT BOOK OMB CIRCULAR A-102 GRANT REGULATIONS ATTACHMENT B BONDING AND INSURANCE REQUIREMENTS A state or local unit of government receiving a grant from the Federal government which requires contracting for construction or facility improvement shall follow its own requirements relating to bid guarantees, performance bonds, and payment bonds, except for contracts or subcontracts exceeding $100,000. For contracts or subcontracts exceeding $100,000, the Federal agency may accept the bonding policy and requirements of the grantee provided the Federal agency has made a determination that the Government's interest is adequately protected. If such a determination has not been made, the minimum requirements shall be as follows: a. A bid guarantee from each bidder equivalent to five percent of _tHe bi~ice. The 6i~guaiantee sna 1 consist o a firm commitment such as a bid bond, certified check, or otner negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his/her bid, execute such contractual documents as may be required within the time specified. b. A performance bond on the part of the contractor for 100 percent of the contcact price. A "performance bond" is one executeeE n connection with a contract to secure fulfillment of all the contractor's obligations under such contract. c. A payment bond on the. art of the contractor for I00 percentt the contract rP i e. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. PB-1 BID #9627 PROPOSAL TO THE CITY OF DENTON, TEXAS For the Construction of Bushey S__*.reet Pavin Im rovements (CDBG) 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 ana 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 _thirt(3_p_) 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 bona 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 Bushey Street (CDBG) BID TABULATION SHEET WORK DAYS 30 BID NO. 9627 PO NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL I Remove concrete 1 I I 3-A I (Pavement) 1 25.00 I SY I$ 6.00 /sY 1 150.00 1 Remove Concrete I I I Remove Concrete I (Driveways 5 Si I Preparation of 00.00 3.7 1_ Compacted Fill 1 25.00 1 CY 1 $ 10.00 /CY I 250.00 4.6.A 1 I_Type 'A' Hydrated Lime 1 1 22.00 1 1 Ton 1 $ go W /Ton 1 1 7An nn 1 6' Lime Treatment I I I I 4.6.B I of Subgrade 12,400.00 1 SY I $ 1.75 /SY 1 4,200.00 1 3 1/2 Asphalt Pavement I I I I 5.7.A-1 I Base (Type A) 1 1,875.00 1 SY 1 $ 7.00 /SY 1 13,125.00 1 1 1/2 Asphalt Pavement I I I I 5.7.A-2 I (Type D) 1 1,875.00 1 SY 1 1 1.95 /SY 1 6,093.75 1 8' Asphalt Pavement I I I I -5.7.A-3 I (Valley Gutter) i 48.00 1 SY 1 $ IS -00 /SY 1 864 00 1 2 Asphalt Patch I I I I . rete Pavement 5.8.A 16' (Flatwork) 1 46.00 1 SY 1 $ 75 00 /SY 1 1,150,00 I I I I I 8.3 1 Concrete Driveway 6' 1 95.00 I SY 1 $ 25.00 /SY 2,375.00 1 1 1 1 1 8.3.A I Concrete Sidewalks 1 240.00 1 sy I g 22.00 i.ev 1 5,280.00 I Adjust Sanitary N/C AF I N/C SP-6 I Adjust Water Services I 0 1 EA I$ /EA I i I 1 I I SP-7 I Adiust Water Valves I 0 1 EA I$ /EA I I I I 1 I I I I Total Bid 150,404.75 I I 1 1 I I -I I I I Addendum Received I I I 1 1355s P - 3 BID SUMMARY TOTAL BID PRICE IN WORDS Amount of Bid Fifty Thousand, four hundred four and/ seventy five cents--------- 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 acceptea, 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. Bitter Creek Construction, Inc. CONTRACTOR B Y r7l2CCtc President 0,156X ;tt/7 580 S. Denton Tap Rd., Suite# 290 Street Address Coppell, Texas 75019 City and State Seal & Authorization (If a Corporation) (214) 471-0038 (No Seal) Telephone P - 4 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F. R. 12319-2S). The is Ilementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcon- tractors. shall state as an initial part of the bid or negotiations of the contract whether it has pa 'icipated in any previous contract or subcontract subject to the equal opportunity clause: and, if so, whethe: it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under a dlicable in- structions. such bidder shall be required to submit a compliance report within seven calendar d-ys after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIODER NAME AND ADDRESS OF BIDDER rlnelude ZIP Code) Bitter Creek Construction, Inc. 580 S. Denton Tap Rd. Suite #290 P.O. Box 247 Coppell, TX 75019 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. ❑ Yes ❑ No 2. Compliance reports were required to be filed in connection with such contract or subcontract. ❑ Yes ❑ No 3. Bidder has filed all compliance reports due under applicable instructions, including SF-100. ❑ Yes ❑ No ❑ None Required 4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended? =1 Yes ❑ No NAME AND TITLE OF SIGNER (Please type) Doyle Davis, President SIGNATURE^ ~ DATE CGGG~2 / ~~~r~6 Reo.ece. Fa,m 1-44.10d238.C0.1, w ,an n Ob,able HUO-950.1 111481 C-I SAMPLE CERTIFICATION OF BIDDER REGARDING SECTION 3 AND SEGREGATED FACILITIES Bitter Creek Construction, Inc. Name c )T Contractor Bid#9627CDBG Paving Improvements Project Name & Number Bushey Street The undersigned hereby certifies that (a) Section 3 provisions are included in the Contract (b) A written Section 3 plan was prepared and submitted as part of the bid proceedings (if bid equals or exceeds $10,000). (c) No segregated facilities will be maintained. Name Doyle Davis, President Name & Title of Signer (Print or Signa re Dam C-2 CONTRACTOR Section 3 Plan Format Bitter Creek Construction, Inc. agrees to implement the following specific affirmation action steps directed at increasing the utilization of lower income residents and businesses within the city of Denton A. To ascertain from the locality's CDBG program official the exact boundaries of the Section 3 covered project area and where advantageous, seek the assistance of local officials in preparing and implementing the affirmative action plan. B. To attempt to recruit from within the city the necessary number of lower income residents through: Local advertising media, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program, Hometown Plan, or the U.S. Employment Service. C. To maintain a list of all lower income area residents who have applied either on their own or on referral from any source, and to employ such persons, if otherwise eligible and if a vacancy exists. *D. To insert this Section 3 plan in all bid documents, and to require all bidders on subcontracts to submit a Section 3 affirmative action plan includ, utilization goals and the specific steps planned to accomplish these goals. *E. To insure that subcontracts which are typically let on a negotiated rather than a bid basis in areas other than Section 3 covered project areas, are also let on a negotiated basis, whenever feasible, when let in a Section 3 covered project area. F. To formally contact unions, subcontractors and trade associations to secure their cooperation for this program. G. To insure that all appropriate project area business concerns are notified of penning subcontractual opportunities. H. To maintain records, including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken. I. To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer to coordinate the implementation of this Section 3 plan. *Loans, grants, contracts and subsidies for less than $10,000 will be exempt. C-3 J. To list on Table A, information related to subcontracts awarded for the three year period preceding date of this bid submission. K. To list on Table B, all projected workforce needs for all phases of this project by occupation, trade, skill level and number of positions. As officers and repredentatives of Bitter Creek Construction, Inc. (Name of Contractor) We the undersigned have read and fully agree to this Affirmative Action Plan, and become a party to the full implementation of this program. , &-W, A?- 4 4 ~ Si ure ` le Date Signatu//rre( I ScIa 0 'ol Title Date C-4 PROPOSED SUBCONTRACTS BREAKDOWN TABLE A FOR THE PERIOD COVERING 19 through (Duration of the CDBG.-Assisted Project) 19 LC:~: 1 CCLt;'Z; 2 COAL^^.:: } COLL'_i 6 CC' £ OP C01Z:LlCT (DOSIKESS of Pi.O- FESSIO:: TOTAL :.1^!EF_R OF CO:.:7.A.CIS ?O?.V. APP40CLSA?2 DOLLAR A.`!DU\Z of CO:.:R;.CTS 70 P?.OJEC? .ULFA EUSINESSE.S * ES7L'!AT7 DOLL1?. :.`:Cl'::T TO P'.OJ"CT V.E.; :JSI::ESSFSR *The Project Area is coextensive with the City of boundaries. Company Project Name EEO Officer (Signature) Project Number Date 's ♦nY44 ESTMAIED PROJEC2 %:OF..CFORCE 3MUMO::t COL'.::: 1 1 JOB CA?Ecory. TOTAL EST~:ITE I POSI-rims :;0. POSi'aI0::s CUR- + I L:-LY CCCU2I7-D BY I PQ"_ ;-:T '"'LO°EES :10. ?OS ii IC:;S NOT CUR3T_:1-ILY cccupirD ::0. ?OSI:ICS TO BE iILLZ:) WITH L. ~.A. FFICERS/ UPERVISORS [ PROFESSIO.NALS TEC';MCI:.::S HOUSI.... SALT-$/ OFFICE CLERICAL SERVICE h0 _LRS OTHMS TRADE: J0VP1'F"EI HT_LPEM APPRE'N'TICES l:A.'CL`:Il:t NO. TRAINEES OTHERS MAZE: JOL'C\--y:!cti HELPERS APPRE''TICES TRAINEES OT~RS 10rAL *Lower Income Project Area residents. Individuals residing within the City of whose family income does nor exceed 90%of the median income in .U- Q eA L 4 Bitter Creek Construction, Inc. COMPANY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EiMPLOYMENT OPPORTUNITY NAME OF PRIME CONTRACTOR PROJECT NUMBER INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F. R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcon- tractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the subcontractor has not filed a compliance report due under appli- cable instructions, such subcontractor shall be required to submit a compliance report before the owner approves the subcontract or permits work to begin under the subcontract. SUBCONTRACTOR'S CERTIFICATION NAME AND ADDRESS OF SUBCONTRACTOR Unelude ZIP Cod*J 1. Bidder has participated in a previous contract oe subcontract subject to the Equal Opportunity Clause. ❑ Yes ❑ No 2. Compliance reports were required to be filed in connection with such contract or subcontract. ❑ Yes ❑ No 3. Bidder has filed all compliance reports due under applicable instructions, including SF-100. ❑ Yes ❑ No ❑ None Required 4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended? ❑ Yes ❑ No NAME AND TITLE OF SIGNER 1P/IYe type/ 'SIGNATURE DATE o. • C.... ...,-<ao.~.u•<. w = y VW01"s HUD•950.2 111.781 C-7 REGARDING Name o sub contractor Project Name & Number The undersigned hereby certifies that (a) Section 3 provisions are included in the Contract (b) A written Section 3 plan was prepared and submitted as part of the bid proceedings(if bid equals or exceeds $10,000). (c) No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of 1964. Name & Title o Signer (Print or Type) Signature Date C-8