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1986-002
0913L NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therefore, and WHEREAS, Section 2 36 (f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $10,000, and WHEREAS, Section 2 09 of the City Charter requires that every act of the Council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invita- tions", "Bid Proposals" or plans and specifications attached hereto are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 9551 9551 Aspects, Inc Business Essentials 89,298 18,050 88 33 9556 North Counties Communications 75,000 00 9557 Dickerson Construction 344,511 14 9558 Calvert Paving Company 31,000 00 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such PAGE ONE contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained 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 ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 7" day of January, 1986 *CI D 0 STE , A 0 F D TON, TEXAS ATTEST /2' .D.~ L MARY C L AL , CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY Q( y)/ Ajy& L /~~i1(~ //1J1 ~P 11 PAGE TWO DATE January 7,1986 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Rick Svehla, Acting City Manager SUBJECT BID# 9551 MODULAR PANELS, FURNATURE, ETC RECOMMENDATION We recommend this bid be awarded to the bidders meeting the specifications and intent of the specifications The low bid was divided into sections and will be recommended by sections as follows I To Aspects, Inc Section I Panels at $46,717 41 and the larger part of Section II at $23,682 47, small portion of Section III as bid at $1,627 28, and a list enclosed with their bid not in- cluded or listed in our bid and required for their installation of $17,271 72 for the total to Aspects, Inc of $89 298 88 2 To Business Essentials Section II for $775 33 and Section III for $17,275 00 This then is a complete bid as bid by both Business Essentials and Aspects, Inc for the combined total of $107,349 21 SUMMARY This is the fourth time these products have been bid The first time we received only one bid for panels only The second time it was rejected to also bid the components, as they needed to be compatible with the panels The third time the bid was rejected with several bidders with Business Essentials/ Aspects, Inc being the low recommended bidder meeting the specifications and bid provisions The fourth time we received only two bids and the bid of Goldsmith's does not meet the specifications as they did not bid the panel to panel system and did not bid the chairs as specified in Section III This recommended bid is some $3,500 less than the last bid that was acceptable BACKGROUND Tabulation sheet PROGRAMS DEPARTMENTS OR GROUP AFFECTED Public Works, Inspections, and Planning and Community Development FISCAL IMPACT There is no additional impact on the General Fund Respectfully submitted Rick Svehla Acting City Manager je pa d nr all, CPM ch ing Agent AP~.R D a all, C P M Pu h ing Agent i O C 4 r r p C ~ m M I o ~ O a w m 0 °e q hf n n w CL N O 9 r R r °o N r y R f~ D rri r i M e N r P m e r r I A y 9 r ~ C r N y y 1 a y o 2 a :v Kf C a r y a .^rl W m O M a. 6n F I Q\ N t I n N 1 C+1 n w N w ~ O Ln o O ~ w c `d Vl F N m 0 a `C N F O a'° N O V In w Z ty < 2 g y N N 7 m r n U1 00 ..`O 00 OD F a 0) A V o a m v+ ~1 N J N rn V N co N W rn 00 N F F O, ~ V F C 2 g N m R Q co 0 N O W a 0 O o La. ~ W W 0 ON ZD F 000 w ~ w N N co F N F ao N T "mYi g ~ 'n y e S y O C ~ m R r d g O m rt m N < C+1 S ^,O C t+i z z C t+ f Z 8 6-tc' -O~L- CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTQN ) ( THIS AGREEMENT, made and entered into this 24 day of January _ A.D., 19__a6 by and between City of Denton Texas of the County of Denton and State of Texas, acting through Rick Svehla. Acting City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and Business Essentials 514 N. Elm of the City of Denton County of Denton and state of Texas , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the con*ty 9 rof certain improvements described as follows: Tables, Etc. to complete bid as per revised 1-24-86 $20,328.33 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 Alitten explanatory matter thereof, and the Specifications therefore, as prepared by ,terry Wright- Cnnsulta /,lohn Marshall. Purchasing Agpnt , 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: CITY OF DENTON, TEXAS Party of a rst Part, OWNER By 6 'r-l Rick Svehla Acting City Manager (SEAL) ATTEST: Business Essentials - - Par y of the Second Part, CONTRACTOR By _ tle (SEAL) APPROVA AS TO FORM: City Attorn y CA-2 0044b PERFORMANCE BOND STATE OF TEXAS COUNTY OF Denton KNOW ALL MEN BY THESE PRESENTS: That Business Essentials , of the City of Denton County of Denton , and State of Texas as PRINCIPAL, and U.S.F.&.G. Insurance Co. , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the Teh City of Denton as OWNER, in the penal sum of Twenty Thousand Three Hundred Twenty-Eight and 33/100-------- Dollars (t20,328.33 ) 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 24 day of January, 19 86, for the construction of Bid #9551 Purchase order #71710 Furnish & Install Seating Tables, Etc to complete bid as per revised 1-24-86 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 24, day of January , 1936 . Bwmas: - 'M411k Principal By Title U.S.F.&.G. Insurance Co. Surety Ran all L. Minnis Title Attorney-In-Fact Address Address P. 0. Box 809019 Dallas, TX 75380 (SEAL) (SEAL) - The name and address of the Resident Agent of Surety is: Ramey, King & Minnis Insurance Agency 707 First State Bank Bldg, Denton, TX 76201 NOTE: Date of Bond must not be prior to date of Contract. PB-2 0091b CERTIFIED COPY GENERAL POWER OF ATTORNEY No......... 8. *X Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Randall L. Minnis of the City of Denton , State of Texas its true and lawful attorney in and for the State of Texas for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said Randall L. Minnis my lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal. duly attested by the signatures of its VfcaPreadeat and Assistant Secretary, this 23rd day of April ,A. D. 19 76 UNITED STATES FIDELITY AND GUARANTY COMPANY. ( SEAT, ) (Signed) (Signed) Geo. A. Stewart, Jr. Bs Yice•Presfdent. William J. Phelan Assistant Secretary. STATE OF MARYLAND, ) 7T fie: BALTIMORE CITY, On this 23rd day of April . A. D. 19 7 (y before we personally came Geo. A. Stewart, Jr. Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and William J. Phelan , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland; that they, the said Geo. A. Stewart , Jr, and William J. Phelan were respectively the Vim-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor. potation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora. tion, and that they signed their names thereto by like order as Vice-President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July, A. D. 19... 8 (SEAL) (Signed) ......Herbert„ J.,,A,ull Notary Public. STATE OF MARYLAND set. BALTIMORE CITY, L Robert H. B o u s e Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Herbert J. Au l l , Esquire, before whom the annexed affidavits were trade, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deeds to he recorded therein I further certify that I am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testimon Where h f hereto set my hand and affix the seal of the Superior Court of Baltimore Cityy, the same being a Court of Record, this 3rd day of April , A. D. i9 7 b Robert H. Bouse (SEAL) (Signed) Clerk of the Superior Court of Baltimore City. , FS 3 (M7) 'Aioja.aas JUDlsjsry (Diva) H61 2Z '4zanuvf ; ro axvdwo3 x.LNtl1Itln9 aNV A11,13ald S3.Lv.LS a31INn all Jo teas all pus purl Am tae munaiay alley I '(oaiaydj cuow!I aL uj •211paaw plus Jo DOW- all ul paptoaw se Joaiagi alogm all pre'uopnlosai pies jo Adoo mauoa pus poll a s! 2ulo2aioj all lull pup 'wasaid sum siojoana jo pirog all jo mwonb v 2ri7aaw gatlm IV `0161 'Atnl Jo Aep ytil all uo 'awtupleg Jo AIID all u! 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BE pup Omer 91! u! 4AuvdrtO3 pies jo slua2e io lua2p io 'laej-n[-SAawolle 30 Aouionu se suosiad io uosiad Are iuloddu of 'leas aleiodioa at! iapun 'BapElalaaS iurlstssV ail jo auo io Aimaioas oil lllm nopaunhwa of sluap!said •aotA sit Jo iayita io 7uaP!swd sjt iamodwa pue azliogine'saop Agaiaq 7t pue'op Auudwo3 sill loll'paajosag n ay'aiofaiayy •Puulpunojmatil jo Auolon all or pup vpuuej Jo uolu!woa all Jo eaantAWd all or pue salelS poi!u(l all jo sapollllay all ui pup 'puelAiell uugl laglo sawls uy awru at! or pur i! ioj In of Aluoy me pup iamod qllm SAouionu pup swage iuloddu Auedmo) silt tell ssoutsnq jo uotloesuvil Ivnio2ga all ioj Aieseaoau al 11 1roaiaydl ioyy NOM170S31I AO [d09 PAYNENT BOND STATE OF TEXAS COUNTY OF Denton KNOW ALL MEN BY THESE PRESENTS: of the City of That Business Essentials ton County of Dento n , and State of Texas , as principal, and U.S.F. & G. Insurance Co. authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto The City of Denton , OWNER, in the penal sum of Twenty Thousand Three Hundred Twenty-Eight and 11/imp--------------- Dollars $..2L 328.33 ) 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 24 day of January , 19 86 . Bid #9551, Purchase Order x`71710 Furnish & Install Seating Tables, Etc, to complete bid as per revised 1-24-86 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the 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 24 day of January , 19 86 &3/j?pcc 'Pccev)k&& Principal By Title 04JEtw U.S.F.&.G. Insurance Co. Address _T),Z IV,, A , Address F. 0. Box 809019 Dallas, TX 75380 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Ramey, King & P4innis Insurance Comnany 707 First State Bank Bldg., Denton, TX 76201 PB-4 0092b Title Attorney-In-Fact CERTIFIED COPY GENERAL POWER OF ATTORNEY No.......... ,6847 Know all Men by these Presents: That UNITED STATES FIDELITY AND "GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Randall L. Minnis of the City of Denton , State of Texas its true and lawful attorney in and for the State of Texas for the following purposes, to wit: To sign its name as surety to, and to execute, mal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and trade a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said Randall L. Minnis may lawfully do in the premises by virtue of them presents. In Witness Whereat, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused thin instrument to be sealed with its corporate mal, duty attested by the signatures of its Vice-President and Assistant Secretary, this 23rd day of April , A. D. 19 76 UNITED STATES FIDELITY AND GUARANTY COMPANY. (SEAL) (Signed) (Signed) B7 Geo. ; A. Stewart, Jr. Vice-President. William J. Phelan Assistant Secretary. STATE OF MARYLAND, ) BALTIMORE CITY, 1} sax On this 23rd day of April . A. D. 19 7 fi before me personally came Geo. A. Stewart, Jr. . Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and William J. Phelan , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally daly sworn, mid that they resided in the City of Baltimore, Maryland; that they, the said Geo. A. Stewart, Jr. and William J. Phelan wen respectively the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the nor. poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the mal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora. tion, and that they signed their names thereto by like order as Vice-President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July. A. D. 19... 7 a.. (SEAL) (Signed) ,,,,,,Herbert„J., Aull Notary Public. STATE OF MARYLAND BALTIMORE CITY, set. L Robert H. B o u s e . Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Herbert J. Au l l , Esquire, before whom the annexed affidavits wen made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testirnon Whereat, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record, this 3rd day of April , A. D. 19 79 (SEAL) (Signed) Robert H. Bouse Clerk at the Superior Court of Baltimore City. Fe 3 (a.s7) •.Cmialaag luvnstssy 6~/'d (a1eQ) 9861 _ `BIZ ti.TanuaZ uo ANVCINOD AINVHVfI9 QNV XIPI3ULA 93.LVSS O3IINfl aqi;o teas ayi put pueq dw ire omnway aneq I'foaiailGl .Cuowlisay u1 •2u10aw pies ;o salnutm pill ut papiooai se;oaiagi aloym aqi puu'uounlosai pats ;o ddoa iD=oo pup anal a et 2uto2aio; pill lays put 'masaid sum sioloaiiQ ;o pirog aqi ;o wmonb t 2up2aw gotgm is 10161 "Of ;o dep yll aqi uo 'aiowptrg ;o AV:) aqi w durdwo3 aqi ;o aoyto aqi it plaq pus pallto dlnp 'duudwoO Pees ;o siolaa.itQ ;o pirog aqi ;0 2m14aw iuln2ai a is paldopr uopnlosai a ;o aauunsind ut uae12 sem daviollV ;o iamod pies irgi djniao iaqun; op I puV 'laaga pug aoio; pn; ul 11119 ST ias maiayi se spuoq u2ts of MFK 2uuamodw2 pus fiantioyme I SBXay u U04uaQ jo STUUT d 'Z TTVPUVU of durdwoo pies dq uan12 dauiollu ;o iamod teut2po aqi ;o ddoa ioaiioa put anin 'tin; t et 2u102uo; ayi ietp dguaa dgaiay op 'ANVdWO3 AINVHVII9 (INV AII'I3QLd S3IVIS (l3IINII ayi;o .Sasiaioas lneisissV us' S,4asd • f) axOPOOIJL `I -awes ayi;o iayita;o ainneu ayi ut 2utyidue io 12m3iruapun io 'uoputndps 'uope2ilgo 'aauniti2o3ai 'puoq yons due ut io; papteoid aq dew yatgm suottpuoa due ao 2myndue ;o 2utop iou io 2utop ayi io; pauoptpuoQ tanosirgm saptoedua 11v pus due or 'aanaoswgm uorniua2io io uoperoossu iagio io dilludtatunm 'isaiaim 'aagto 'dpoq 'uotigmdioa 'suosiad io uosiad dui io; io dq ';o uornaanoid io ditmoas ayi .io; papiooai io palg 'paidaaae 'paiapual 'UOA12 'uailei 'apum 'painoaza aq of paAtmiad io paitnbai 'pomolle ag 'asimiagio io ledtarunw 'luaol 'iaayto io aotyo 'uoinziue2lo 'dpoq 'pieoq due ;o uopaiostp io oopoeid 'swoisno 'siapio 'suorleln2ai 'salsa aqi dq io 'puulpuno;maf,I ;o duolo0 ayi;o io upeut0 ;o uorurw0O ayi da saauuoid aqi Io io saiwS pairufl ayi ;0 dioiuaal io aiuiS Aug ;o io saisiS paltufl aqi ;o amiriS due dq io 'as[miayio to ludiarunm 'mul dq drm io air gatym 'awes aqi ;o iayita ;o ainisu aqi ur 2myidur io s2univuspun 'suopalndtis 'suopg2rlgo 'saaueziu2oaai 'spuoq lip put dug ;o suoptpuoa ayi aaiueaun2 pug oinoan of siua2e io lua2e ]o liar;-iii sdauiolne io dauioilg sit se pug awgu sit or'osld put'pamolte mel dq io '92utpaaooid io suoilae llr m paluwiad io paimbai 192utileitapun pug spuoq 2ut2alueien2 io 2urinoaza pug satotlod aauganeut ueyi ]aylo slasiiuoa ;o saoueuuo;pad ayi 2utaalurien2 ysnii w4pd io orlgnd ;o suoprsod 2utploy su0siad ;o dirlapg aqi 2uiaamelen2 sioeii -uoa lip put due iamlap pug omaaxa of liar sir se pug awgu all ut 'durdwo:) pre6 ;o sma2u io lua2u io 'iae;Ar-sd2uioiie io Cauiollu se suos.tad io uosiad due imodde of 'leas airiodioo sit aapun'sauuiaaoas luuisissV sir ;o Quo iQ diwQ]aas sit gltm uopaun CU03 ut sluapts2ad -aatA sir ;o iaylta ao luappaid sit iamodwa pug azuognns 'saop dgaiaq it pus by duedwoD sign ityi 'paalosay 7t ail 'a.iofaiaq L •purlpuno3maltl;o duolo0 ayi or Pug epeueo Jo uotutwea ayi;o saouuoid aqi u[ put salels pairufl aqi;o sauoiwal sill ui put 'purl1Lael^7 uegi aayio saisiS ut ameu sir ui put it io; we of diuogine put ismod gitm sdauionv put sma2e iufodde duedw00 S[yi iggi ssoursnq ;0 u0porsuea7 lertloaga ayi io; diessaaau ei it `roaaaym iuYd AIOLLfI'IOSHIi Ao AdOO MAINTENANCE BOND STATE OF TEXAS COUNTY OF Denton KNOW ALL MEN BY THESE PRESENTS: THAT Business Essentials as Principal, and U.S.F.& G. insurance omi)anv 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 Two Thousand Thirt -Two and 83/100------------------------------ Dollars 2,032.83 l0Y 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 Business Essentials has this day entered into a written contract with the said City of Denton to build and construct Bid #9551 Purchase order #71710 Furnish & Install Seatin ,L.J..... cvu,.i.,I 4..u uac Finuo Mou.a.... -F.. ou -.1 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. 0093b MB-1 y 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 Business Essentials as Contractor and Principal, has caused these presents to be executed by and the said U.S.F.& G. Insurance ompany as surety, has caused these presents to be executed by its Attorney-in-Fact Randall L. Minnis and the said Attorney-in-Fact has hereunto set his band this 24 day of January , 1986 . SURETY: PRINCIPAL: l.l~.fztr ~62e7/ NB-2 0093b CERTIFIED COPY GENERAL POWER OF ATTORNEY No......... 86847 Snow all Men by these Presents: That UNITED STATES FIDELITY AND "GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Randall L. Minnis of the City of Denton , State of Texas its true and lawful attorney in and for the State of Texas for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform my and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms, all and whatsoever the said Randall L. Minnis may lawfully do in the premises by virtue of them presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to he sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 23rd day of April , A. D. 19 76 (SEAL) (Signed) (Signed) UNITED STATES FIDELITY AND GUARANTY COMPANY. Geo. A. Stewart, Jr. Bt.... Fiee•President. William J. Phelan Assistant Secretary. STATE OF MARYLAND. 99: BALTIMORE CITY, On this 23rd day of April , A. D. 19 7 6, before me personally came Geo. A. Stewart, Jr. . Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and William J. Phelan , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland; that they, the said Geo. A. Stewart, Jr. and William J. Phelan were respectively the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor. potation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fired by order of the Board of Directors of said corpora. lion, and that they signed their names thereto by like order as Vice•Preafdent and Assistant Secretary, respectively, of the Company. My commission expires the first day in July, A. D. 19-7.8... (SEAL) (Signed) ,,,,,,Herbert„J..,..Aull. Notary Public. STATE OF MARYLAND ) BALTIMORE CITY, 3 S~ 11 Robert H. B o u s e . Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Herbert J. Aul l , Esquire, before whom the annexed a8idavits wen made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testi:non Whereo/. I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record, this 3rd bey of April , A. D. 19 T b (SEAL) (Signed) Robert H. Bouse Clerk of the Superior Couri of Baltimore City. FS 3 ("7) •....0000....... rsy ~'J V (aleQ) 9861 `*IZ kaenu`f no .NVdwo:) )LINVIIVfl9 QNV )LIPIHaid SalVd.S Q3.LINfi ay }o less ayi pug puuq dw lag olunaaay ansq I '(oaaayy duowpsay u, •8wlaaw pies }o samuna Bill ui papaooaa BE yoaaayi alogm ayi Pee'uonnlosaa PIES }o ddoa laaama pug anal a sl auloaaao} 0111 lays pug quasaad sum saUiaana jo paaoll aqi }o wnaonb a aunaaw goigm ie '0161 `dlnf }o dgp y1II aqi uo 'aaowpleg }o dill agi ui kuudmoD aqi }o aoiyo ayi le play pus pallea dlnp 'duadwoD pigs }o saoloaafQ }o paeoll ayi }o aupaaw aelnEaa B 1Y paidope uopnlosaa a }o oauunsmd w uania sum dauaonV }o aamod pies leyi d}paao aagun} op I puV '100110 pue aoao} lin} u1 11118 sl pue pailonaa uaaq aanau spy danaouu }o aamod golym 'yiaol In ulaaagi se spuoq uais of ~FK auuamodwB pug auiziaogina' 88X011 s IIOQIIa(j }o STUUTq •Z TTVPUVU of duadwo:) pies (q uawia dawone }o iamod jeulalao aqi }o ddoo ioaaaoo pus onai 'lIn} u sl auloaam} ayi ieyi d}luaa dgaaaq op `xNVdwo:) xINVIIVflo QNV LIFURIM SaIVIS Q3IINfl ay }o dlalaaoaS meisissV ue' S$zaa •0 oJopoagj 'f •awus aqi }o aa114ja }o amisu aqi u1 auigidua ao 'aui laiaapun ao 'uopelndlls 'uoneallgo 'aoumuaooaa 'puoq vans Aug ul ao} papieoid aq dew gaigm suolilpuoo Aug ao 9wy fua }o auiop iou ao aulop ayi ao} pauopipuoa 'aanosiugm sapioudeo JIB pus due ui 'aanaoSiuym uopuziueaao ao uougioosse aayio ao diiludiolunw 13s01aiul 1001ijo 'dpoq 'uopuaodioo 'suosaad ao uosaad Aug io} ao dq 'Io uopoaioid ao duanaas ayi ao} papaooaa ao pale 'paidooae 'paaapuai 'UOAia 'uailw 'apew 'painoaxa aq of paiiiwaad io paambaa 'pamolle aq 'asimaayio ao ladimunw 'Ieool 'aaaylo ao aogio 'uopgzlueaao 'dpoq 'Paaoq Aug }o uopaaosip ao aopoaad 'swoisno 'siapio 'suopelnaaa 'salna ayi dg ao 'puelpuno}maN }o duoloD ayi }o ao apaue:) }o uoluiwoQ aqi }o saauinoad aqi }o ao salelS panufl ayi }o daoluaal ao 21VIS due }o ao saleiS pallufl ay }o ainielS Aug dq ao 'asimiayio ao Iedimunw 'mgI dq dew ao air goigm 'awes ayi }o aagl!a }o amisu By ui auigidus ao saulileuopun 'suopulndgs 'suO11a2tIgo 'saougziuEoaaa 'spuoq [IV pug dug }0 suon[puoa ayi aawaarna pus ainooxg 01 siuaae ao iuaag a0 'Jas}•u[•SdaUSOlis ao dawolis sit Be pug aweu sil w pug'pamolls mgI dq ao 'sauipoaooid ao suoliae JIB ui paiilwaad io paambaa 'saupieuapun Pug spuoq aulaaiueaena ao aut=axo pus saloilod anueansui uayi aayio siosaluoo }o saaueuuopad aqi aulaomuaena lima] aienud ao aclgnd }o suopisod auiptoy suosaad }o digapg aqi aulaaiueaena eiaeai •uoa Ile pus Aug aanilap pup ainaexo of 110e sit se pug aweu su ui 'duedwoD pigs }o siuaae ao iuaau ao ',agyucsdauaona ao dauaone se suosaad ao uosaad Aug iulodde of 'juas aleaodaoa sii aapun 'sausiaaaaS iuuisissv sii jo auo to dasiaaoas sit gilm uopounfuoa u[ sluapisaad 'Bain sic }o aayna ao iuapisaad sn aamodwa pue azuoging 'saop dgaaay i! PUB 'op duedwoD scip isyi'paalogaU f} ay Wofaaay j •puelpuno}maN }o duolo:) ayi ui pug epuuej }o uoluiwoQ ay }o saouinoad ayi ui pus soma; poilufl ay }o salaoiuaal ayi u1 pus 'pugldag}q uegi aayio sai% ut aweu sii ui pug 11 ao} ioE w diuoying pus aamod yilm sdawoile pus siuaae lulodds duudwo:) scyi iegi ssauisnq }o uonoususai lunioa}}a ay ao} daessaoau si il'suaaaydl jEyy NOiSfl'IOSHH AO AdOD CERTIFICATE OF INSURANCE THIS IS TO CERTIFY that the following policies, subject to their terns, 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 DATE: r, -1 REMARKS: City of Denton Bid # 9551 901-B Texas St. Denton, TX 76201 Attn: John J. Marshall, C.P.M. J L Purchasing Agent NAME AND ADDRESS OF INSURED: RUSIne.Z EsSenfra(S S I J/ dl, r= I M pen~o n, ~XQY 7~1D1 _ Policy Effective Expiration Insurance Company Type of Insurance Number Date Date LIMITS OF LIABILITY' STATE FARM INS. Workmen's Compensation and 931049055F 7/17/86 7/17/87 Statutory Employers Liability Employers Liability Limits-$100,000 Comprehensive Bodily Injury General Liability $ Each Occurrence Aggo ego to , u.... $ & Completed Opetauoo Property Damage $ Each Occurrence $ Aggregate Operations_ $ Aggregate Protective $ Aggregate Contractual Aggregate eroducts $ & Completed Operation STATE FARM INS. Comprehensive 4738125B124 3 2/12/86 8/12/86 Bodily Injury 1 000 Automobile Liability-' $ 00 Each Person - - 4843462C01 3 3/01/86 9/01/86 $ 300000 Each occurrence 4891590C25 3 3/25/86 9/25/86 6000067805 3 2/05/86 8/05/86 Property Damage $ 100000 Each Occurrence /n1 y arr a d arb¢rd n b . o 'Absence of any appropriate entry means no such insurance is in force. ''Covers all owned, non-owned or hired vehicles: - - 817-387-4512 PHONE NUMBER. OF AGENCY NAME AND ADDRESS OF AGENCY : P. O. BOX 2081 1515 N. ELM 387-4512 DENTON, TEXAS 76201 orizeesentatnresof the ompanies referred toabove. DATE January 7, 1986 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Rick Svehla, Acting City Manager SUBJECT BID #9556 RADIO MAINTENANCE RECOMMENDATION We recommend this bid be awarded to the evaluated lowest and most responsible bidder, North Counties Communication This contract is for a one year period and runs approximately $75,000 00 BACKGROUND Tabulation Sheet & Memorandum from Ray Wells SUMMARY This bid is for the annual contract for service on the City of Denton radio equipment and communication facilities as well as emergency service for the fire, police and utility departments The contract includes monthly service charges as well as other repairs and installation hourly rate The evaluation of this bid has been based on price comparison, size of customer base, a visit to each bidder facility, security for City equipment, size and number of work bays, repair parts inventory, number of radio technicians available, number of field service vehicles, and the input of the major users of radios and communication equipment in the City PROGRAMS DEPARTMENTS OR GROUPS AFFECTED Radio Communications for All Departments FISCAL IMPACT 1985/86 Budget Funds for each Department utilizing the maintenance and repair contract Respectfully submitted Rick Svehla Acting City Manager Pr ared by Name Tom D Shaw, C P M Title Assistant Purchasing Agent Approved Name Tom D Shaw, u P M Title Assistant Purchasing Agent TO: Tom Shaw, C P M , Purchasing FROM Ray D wells, superintendent, Electric Metering and Substations DATE: December 10, 1985 SUBJ Evaluation Bid No 9556/Radio Maintenance sealed bids were received and opened December 5, 1985, for the maintenance contract on City owned and operated radio systems It has been with great difficulty that I have evaluated these bids and make my recommendations I would also note at this time the extreme importance associated with radio repair and maintenance The Police and Fire Departments are most critical in their needs for repair when units are not operational and preventative maintenance plays a most important role I recommend the bid be awarded to North Counties Communications for the following reasons 1 Previous satisfactory service has been provided to all departments within the City of Denton 2 North Counties Communications is familiar with all City equipment They have a complete inventory system and are able to provide fast, accurate repair 3 North Counties Communications is an authorized repair facility for both General Electric and Motorola. 4 North Counties has a shop facility of adequate size and a staff of technicians able to most our critical time and materials requirements 5 North Counties Communication bid proposal was complete and detailed They furnished all requirements for documentation, insurances, etc , as requested 6 Based on the number of high service items, I feel they are the lower of the two bids submitted Denton County Communications, the other firm to submit a bid proposal did not comply with requested insurance certificates or detailed pricing on equipment They do not have the customer base at this time that demonstrates to me the ability to meet our large fleet requirements It is my obligation to see that the best service is provided to our communications systems at the most competitive pricing available I feel my recommendation reflects this, and it is in the best interest of the City of Denton to award the bid to North Counties Communications If I may be of further assistance in the explanation of my decision and recommendation, please feel free to call upon me v + a w N I : a n oro rWi r ae ~ A a 0 O C D o a° o m a o = o c a r + v O ' S c * C+ c O N c y m J oa CO v n m w Q J m w N m M (1) ~ o s m - 1 a r c 9 1 ' N ffe LW 'S o-r C h ' S C ) a ~ a m w ° m m =i J t ? ro R1 m N r 3 ~ Z N a y ° ° n , l. z (T w C+ m a so w 0 N m N N L CM w J C~ CD Z U'1 .P N N A q O O O • Cfl N ~ [ tl ~ Z A v z 0 O V C -a 2 0 O L n m . N H N O O ~ O I tz~ O 'p C1 O 5 O rri O w O 7d C 4 z g L - SERVICE CONTRACT ~o -tea THIS CONTRACT made and-entered into this 1 day of February 19 86, by and between North Counties Communications, 813 S. Elm, Denton, TX hereinafter referred to as "Contractor" and the City of Denton, Texas, hereinafter referred to as "City" WHEREFORE, for and in consideration of the payments and mutual covenants contained herein, and for other good and valuable consideration, the parties agree as follows: 1. WORK. The Contractor shall perform certain technical service in accordance with the terms and conditions of the specifications for maintenance of radio communications equipment, a copy of which is attached hereto as Exhibit "A" and made a part of this Contract. The City shall compensate the Contractor in the manner provided in Exhibit "A", subject to the terms and conditions of this Contract. This Contract shall be effective from the date hereof and shall expire one year from this date, with an option to renew for an additional year, to be exercised in writing thirty (30) days before the expiration of the first year. This Contract may be terminated at any time by either party upon thirty (30) days written notice to the other. II. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The Contractor shall at all time exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws. All machinery and 1044s S?RVIC3 CONTRACT Page 2 equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor. III. LOSSES FROM NATURAL CAUSES. Unless otherwise specified, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. IV. PROTECTION OF ADJOINING PROPERTY. The said Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process to be undertaken under this Agreement, from any damage or injury by reason of said process; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the City against any claim or claims for damages due to any injury to. any adjacent or adjoining property, arising or growing out of the performance of the Contract. 104+4s SHRVICt CONTRACT Page 3 V. PROTECTION AGAINST CLAIMS OR SUBCONTRACTORS, LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. The Contractor agrees that he will indemnify and save the City harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. When so desired by the City, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor fails so to do, then the City may at the option of the Contractor either pay directly any unpaid bills, of which the City has written notice, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the Contractor shall be resumed in full, in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the City by either the Contractor or his Surety. VI. LAWS AND ORDINANCES. The Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations, which in any manner affect the Contract or the work, and shall indemnify and save harmless the City against any claim arising from the violation of any such laws, ordinances and regulations whether by the Contractor or his 1044s SERVICE'CONTRACT Page 4 employees. If the Contractor observes that the work is at variance therewith, he shall promptly notify the City in writing. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the City, he shall bear all costs arising therefrom. VII. ASSIGNMENT AND SUBLETTING. The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the City, and that no part or feature of the work will be sublet to anyone objectionable to the City. The Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this Contract, shall not relieve the Contractor from his full obligations to the City as provided by this Agreement. VIII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold harmless the City and its officers, agents and employees from and against all damages, claims, losses, demands, suits, judgments and costs, including reasonable attorney's fees and expenses, arising out of or resulting from the performance of the work, provided that any such damage, claim, loss, demand, suit, judgment cost or expense: (1) Is attributable to bodily injury, sickness, disease or death or to injury to or destruction of tangible property including the loss of use resulting therefrom; and; 10440 SERVIC$ CONTRACT Page 6 to the City. Such Certificates shall contain a provision that coverages afforded under the policies will not be cancelled until at least fifteen days prior written notice has been given to the City. The Contractor shall also file with the City valid Certificates of Insurance covering all subcontractors. XI. HINDRANCES AND DELAYS. No claims shall be made by the Contractor for damages resulting from hindrances or delays from any cause during the progress of any portion of the work embraced in this Contract. XII. THIS CONTRACT SHALL BE BINDING UPON THE PARTIES HERETO, their successors, heirs, personal representatives and assigns. IN WITNESS WHEREOF, the parties have executed this Contract in the year and days first above written. ATTEST: 1044a NORTH COUNTIES COMMUNICATIONS BY:[ e Owner THE CITY OF DENTON, TEXAS BY: PURCHASING. DEPARTMENT City of Denton 901-B Texas St. Denton, Texas 76201 BID INVITATION CITY OF DENTON, TEXAS North Counties Communications 813 S. Elm Denton, TX 76201 Date November 14, 1985 BID NUMBER 9556 BID TITLE RADIO MAINTENANCE Sealed bid proposals will be received until 2:00 p.m. December 5, 1985 , at the office of the Purchasing Agent, 901-B Texas St., Denton, Texas 76201 For additional Information contact JOHN J. MARSHALL, C.P.M. Tom D. SHAW, C.P.M. PURCHASING AGENT ASSIST PURCHASING AGENT Office 817.566.8311 D/FW Metro 817.267-0042 INSTRUCTIONS TO BIDDERS 1. Sealed bid proposals must be received in duplicate, on this form, prior to opening date and time to be considered. Late proposals will be returned unopened. 2. Bids shall be plainly marked as to the bid number, name of the bid, and bid opening date on the outside of completely sealed envelope, and mailed or delivered to the Purchasing Department, City of Denton, 901-8 Texas St., Denton, TX 76201. 3. Any submitted article deviating from the specifications must be identified and have full descriptive data accompanying same, or It will not be considered. 4. All materials are to be quoted FOB Denton, Texas, delivered to the floor of the warehouse, or as otherwise indicated. 5. The City of Denton, Texas reserves the right to accept separate items in a bid unless this right Is denied by the bidder. 6. In case of default after bid acceptance, the City of Denton, Texas may at its option hold the accepted bidder or contractor liable for any and all resultant increased costs as a penalty for such default. 7. The City of Denton reserves the right to reject any and all bids, to waive all Informalities and require that submitted bids remain In force for a sixty (60) day period after opening or until award is made; whichever comes first. 8. The quantities shown maybe approximate and could vary according to the requirements of the City of Denton throughout the contract period. 9. The Items are to be priced each net. (Packaging or shipping quantities will be considered.) 10. The Purchasing Department assumes responsibility for the correctness and clarity of this bid, and all information and/or questions pertaining to this bid shall be directed to the City of Denton Purchasing Agent. 11. Any attempt to negotiate or give information on the contents of this bid with the City of Denton or Its representatives prior to award shall be Bounds for disqualifications. 12. The conditions and terms of this bid will be considered when evaluating for award. 13. The City of Denton Is exempt from all sales and excise taxes. (Article 20.04-B) BID NUMBER 9556 BID PROPOSALS Page 2 of 9 ITEM DESCRIPTION QUAN. PRICE AMOUI The City of Denton is accepting sealed bids for an Annual Contract to provide Two-Way Radio System Maintenance. S66 ATTACHED SPECIFICATIONS Failure to return this form stating your reason for not bidding may result in removal of your firm from Bidder's List. Quote F.O.B. City of Denton, Texas Any additional charges not listed on the Bid Form must be identified in the bid documentation. The successful vendor must execute the attached Service Contract within ten (10) days after Council Award of Contract. Any modifications to these documents must be submitted with the bid package. This contract may be renewed on the same terms for two (2) periods not to exceed twelve (12) months from the date of the expiration of the previous contract upon mutual consent of the City of Denton and the successful vendor. Bidders must submit two (2) completed copies of the sealed bid to: City of Denton 901-B Texas Street Denton, Texas 76201 Attn: Purchasing Department TOTALS We quote the above f.o.b. Denton, Texas. Shipment can be made in 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 constitues a contract. Mailing Address City State ZIP Telephone Bidder Signature Title 'BID NUMBER 9556 SPECIFICATIONS Page 3 of 9 Purchasing Department City of Denton, Texas MAINTENANCE OF RADIO COMMUNICATIONS EQUIPMENT Special Instructions to Bidders All bidders shall agree to furnish maintenance of radio communications equipment service for a one-year period commencing on date of award by Council and ending one year from that date. The City of Denton (City) is to be protected against any increase above the price(s) in the proposal during the contract term. Any proposal which does not contain firm stated prices(s) will be considered as an informal bid. The City shall have sixty (60) days from the date of the opening of the bids before awarding a contract or rejecting the bids. The City reserves the right to award the contract on a total basis or on a departmental basis. Contract award shall not be made solely based upon bid price. The City will consider in order of priority: response time, references (business and customer), distance to service location, staffing and equipment, and cost. The City may make such investigation it deems necessary to determine the ability of the bidder to furnish maintenance of radio communications equipment service., The bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if evidence submitted by, or investigation of, such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligation of the contract. It will be assumed that all bids are based upon the specifications unless the bidder stipulates to the contrary on the proposal form; in which case, the bidder shall point out in detail any and all deviations from the specifications. Specifications It is the intent of these specifications to describe maintenance and repair of radio communications equipment based on 1) a fixed monthly maintenance charge for equipment listed in the attached schedule, or 2) fixed price parts and labor rates for all other communication equipment. The Contract shall be for a period of twelve (12) months. Either party may terminate this agreement by giving thirty (30) day written notice to the other party. This agreement shall expire at the end of the twelfth (12th) month following the acceptance of this bid by the City Council and may be renewed on the same terms and conditions for two (2) time periods, not to exceed twelve (12) months each from the date of the expiration of the previous agreement upon mutual consent of the City and the successful vendor. 1044s BID NUMBER 9556 SPECIFICATIONS Page 4 of g Purchasing Department City of Denton, Texas Contract Service Contract Service shall be performed for a fixed monthly fee which will include all parts and labor necessary to keep the equipment meeting manufacturer's original specifications or revised specifications when necessary modifications have been made. Such modifications shall be made at no additional charge to the City. The services to be performed shall be necessitated through normal wear and proper use of the equipment. Travel time cost shall be included in the fixed monthly fee. Contract Service shall cover regular inspection, maintenance, adjustment and repair of radio equipment owned by the City and listed for maintenance with the selected vendor. See "Attachment A" listing of equipment. Any equipment which by error or omission was not listed shall be covered. Additional equipment may be added to this contract at the bid price, or at a negotiated price when no bid price exists. Subcontracting is strictly precluded unless prior notification has been made to the City. Contract Service shall not include labor and parts required to repair radio communications equipment which has otherwise become defective as a result of: damage caused by accident, physical abuse and misuse, willful destruction, tampering or service by unauthorized individuals, act(s) of God and fire. In addition, maintenance of tower and appurtenances, transmission lines, antennas, microphone cords, motor generator batteries, installation and removal of visabars and mobile radio equipment, batteries or other devices required or used for furnishing power to radio communications equipment is not included. As Required Service As Required Service will cover any equipment not listed under contract maintenance and is to include all parts and labor necessary to repair equipment so that it will meet manufacturer's original or revised specifications. (See "Attachment B") Materials will be charged at net cost, plus 33% maximum. Vendor must provide substantiating pricing documentation upon request. Travel time shall not be included as a separate item but shall be included in flat raze or hourly charges. Service Location Service shall be provided on site with the exception that some repairs will warrant shop service. In these cases, the service company will pick up said equipment and deliver upon completion unless otherwise specified by the user departments. Service Time Schedule Contract Service for radio communication equipment. Service during normal working hours (8 a.m. - 5 p.m.) Monday through Friday. Response time shall be within 12-24 hours of notification. 1044s BID NUMBER 9556 SPECIFICATIONS Page 5 of 9 Purchasing Department City of Denton, Texas Emergency Service must be provided twenty four (24) hours a day, seven (7) days a week to the Police Department, Fire Department, Public Works, Electric & Water Utilities, and Emergency Operation Center base stations, repeaters, encoders and console units. Response time under normal conditions shall be within two (2) hours of notification. This service will be provided at any time as often as required during the term of the contract without additional charge. As Required Service shall be during normal working hours (8 a.m. - 5 p.m., Monday through Friday). With the exception of Emergency Service, response time shall be within 12-24 hours of notification. Removal, Reinstallation:. Removal and Reinstallation-, or Installation of Mobile Units The successful vendor shall be responsible for the electrical connecting and testing of sirens and mobile radio equipment. All wiring and testing shall be done to meet the needs of the user department. Vendors are to bid complete installation/removal of radios, sirens and visabars as a backup to the service provided by Equipment Services. Other Services As requested by the City, the successful bidder shall provide other services not specifically included at an agreed-upon rate. Such agreement may be made before or after the service is rendered. Invoice(s) for such labor and/or materials are processed individually by the successful bidder. Warranty On Time and Material work, the following warranty is given: All labor on that particular item will be warranted for a period of thirty (30) days from date of repair. This will include additional problems as well as original problem. All parts will be warranted based on warranty from original manufacturer. On additional work there will be a charge for parts within 30-day period but not for labor. Damage from abuse, negligence, accident, Act of God, Act of War or civil insurrection, or due to malfunction of interface equipment (i.e. telephone lines) maintained by other organizations, are not covered. Equipment Status Review Before any item is placed on a Fixed Price Repair Contract, it will be checked by the vendor. Any necessary repairs at that time will be charged at the Time and Material rates. No charge will be made for checking the equipment. A representative from the City will accompany the vendor while making these checks for the protection of both the City and the vendor. 1044s BID NUMBER 9556 SPECIFICATIONS Page 6 of 9 Purchasing Department City of Denton, Texas Preventive Maintenance Preventative maintenance inspections will be rendered to the equipment by a service representative at the locations designated by the City. These inspections will be scheduled by the successful vendor and will include, but not be limited to, transmitter measurements consisting of frequency measurements, power output measurements, and modulation and receiver sensitivity and frequency measurements as normally performed as accepted practice. Service Contract Invoicina The City reserves the right to add to and delete from the quantity of radio communications equipment covered under the contract at the rates bid by the successful bidder. The invoice should contain either the items, City I.D. Number, Vehicle Number, or Department Account Numbers, and Purchase Order Number. At the end of each month's service, invoices for Service Contract shall be sent by the successful bidder to Accounting Department for payment. Any deletion(s) of radio communications equipment from the Service Contract and/or any addition(s) of radio communications equipment to the Service Contract shall be pro-rated for the actual number of calendar days said equipment was covered by Service Contract. 1044a Page 7 of 9 • i3iD iv v,'~;;;;:R ~..o i:'v i u" ~ v.~-~ $ a ~.i 1~1 :~1 Purchasing Department City of Denton, Texas EXHIBIT A CONTRACT SERVICE MAINTENANCE OF RADIO COMMUNICATIONS EQUIPMENT GROUP I 1. Police Consoles, Fire Consoles ■ 2. Public Works and Utility Consolettes, consoles See Addendum attached he ■ 3. Base Stations/Transmitters/Receivers Exhibit "A" ■ 4. Encoders " S. Remotes 6. Repeaters Only specified remotes, transmitters, consolettes and encoders shall be considered under emergency service. All other items in Group I shall be considered under emergency service 24 hours per day, 7 days per week. Group I items may be awarded to a separate vendor from Group II Items. GROUP LI MONTHLY RATE $ $ $ $ 1. Portable Radios $ 2. Mobile Radios $ See attached $ 3. Electronic Signs Addendum to $ 4. Pagers Exhibit "A" $ 5. Monitor/Receivers AS REQUIRED SERVICE 22.50 - Shop Flat rate charge per item per call, plus parts $ 25.00 - Field OR Hourly charge, plus parts Not to exceed 33% Parts Cost: NET Cost Plus (Vendors must respond to both "As Required Services" bid options) ADDITIONAL CHARGES Electrical connection and testing of pre-installed vehicular radios and sirens 45.00 - Shop $ 50.00 - Field $ 45.00 per hour Minimum h hour for work per- formed at shop $ 50.00 per hour Minimum !I hour for field wor. 10443 north counties communications FORMERLY PHILLIPS RADIO SERVICE, INC. 382.6121 813 SOUTH ELM 1.665-8538 DENTON, TEXAS 76201 GAINESVILLE, TEXAS December 02, 1985 In reference to Page 7, Exhibit "A", the following format is submitted per authorization by telephone conversation with Mr. Shaw in Purchasing. Since the City has such a vast amount of equipment and our inventory is not up to date, we submit the following on a cost per model type and all that is needed to figure the total monthly charge is to multiply the number of units of that type times the rate to the right of the model type. There are some items which have never been on Contract and some items you might choose not to put on Contract. We are very flexible and can finalize the Contract to fit your wants and needs. Please take into consideration that much of the equipment presently on Contract is very old and the Contract has be renewed from year to year at little or no increase. In some aspects some of the equipment is too old to fall under Contract, as most Manufacturers of equipment recommend not putting equipment over ten years old on Contract. We have adjusted the monthly rate to reflect the model of equipment, not a flat rate per item charge as was requested by the City in the past. Please do not hesitate to contact North Counties Communications, Inc., a Denton business for over 60 years, for any questions or clarifications on the submitted bid. ADDENDUM TO EXHIBIT "A" Group I #1 Police Modcom Console Fire T1617 Console % ) ' $27.00 per month - 20.00 #2 Public Works Kustom Utility Console $25.50 per month Night Dispatch T1617 - 8 ch. Console 20.00 " " Steam Plant T1617 - 8 ch. Console 20.00 " #3 Bases Please note monthly rate is for one base of a type. If more than one in service multiply figure at right times number of units in service. General Electric Master Pro $22.00 per month General Electric Master II 20.00 " if Motorola "Q" EMS - 450 MHZ Base 20.00 " It Motorola Super Consolette (Electric Back-up) 15.00 " It f Motorola Micor (Service Center, Public Works) 16.50 Motorola Motrac w/2 Receivers (Intercity PD) 20.00 " i Motorola Tube Type Compa 25.00 o Motorola Upright Tube Type (Old 37.260 base) 27.50 #4 Encoders Please note rates are for single unit. Multiply figure at right times number of units in service. Motorola Moden 36/100 $ 3.25 per month to Comm Products PE100 3.00 " it Plectron 3.00 " It 1~0 Federal 3.00 " . n #5 Remotes Multiply figure at right times number of units in service. Motorola T1600 $ 3.50 'per month al^° GE Deskon 3.25 GE Master Controllers 3.00 Rem-Com 2.75 0 #6 Repeaters The only repeater in the City is the Police Repeater. It consists of a General Electric Master II Repeater and a Receiver Voting System with four Receivers and a Combiner. Repeater $30.00 per month - -Voting Receivers $4.00 ea. x 4 = $16.00 16.00 " it Combiner 8.75 I s Addendum to Exhibit "A" Page 2 cont'd Group II Please note in the old Service Agreement that the City opted to have all portables, pagers, and sirens on a time and material basis. Therefore you will find no reference to maintenance costs on these items in past Maintenance Contracts. Ill Portables As stated before, the rates shown below are for a per unit, per month basis. Please multiply the figure at the right times the number of units in service, per each type. General Electric 5 watt PE Portable General Electric 2 watt PE Portable .Z Motorola HT90 Portable 4o Motorola HT440 Portable Motorola MT500 Portable S^ Ill Mobiles Multiply number of units in service of each type times figure at right. 2 ~S L L Ili s #4 Pagers vo Motorola Minitor Motorola Director I Motorola Pageboy I Motorola Pageboy II I Motorola Spirit #5 Monitor Receivers Motorola G Federal Plectron General Electric Master Pro General Electric Master II General Electric Master Executive II Motorola Mitrek Motorola Motrac Motorola T-Power Motorola Moxy $12.50 per month 11.75 " If 5.75 " It 6.00 " 6.75 " $ 8.00 per month 6.50 " 6.25 ' 5.00 8.00 12.00 4.05 Number of units x $ 5.10 per month IT " It x 5.50 " " Number of units x $ 5.10 per month " If if x 5.00 " it " it If x 6.75 It If it x 5.25 it " If x 5.00 it Electronic Sirens Motorola System 90 Type Federal Number of units x 11 x n u of x $ 4.90 per month 5.25 " If 5.50 it &ID NUMBER 9556 Mobile Radios: Front Mount Rear Mount Decoders & Encoders Outside Vehicle Speakers Horn Relay Disguised Siren Visabar Siren SPECIFICATIONS Purchasing Department City of Denton, Texas Control Station & Antenna Modify for D.C. Remote N.A. per telephone Modify for Ext. Local conversation w/Mr. Wells D.C. Remote Extended Local Remote Base or Repeater Outdoor Cabinet VRHICLE CHANGE-OUTS Pool Vehicles: 'Radio Siren & Radio Radio, Siren, Lights Administrative Vehicles: Radio Black & White: Radio, Siren, Console Lights with flashing headligAts, flashlight charger, extra wiring North Counties Communications, Inc. Name David E. Ilten President Owner Page INSTALL 8 of 9 REMOVE $ 65.00 $ 30.00 $ 95.00 $ 40.00 $ 25.00 ea. $ 22.50 7.50 ea. 10.00 22.50 $ 45.00 $ 50.00 $ 30.00 $ $ 70.00 $ 70.00 $ 150.00 $ 175.00 $ 95.00 $ 125.00 $ 145.00 95.00 $ 5.00 $ 10.00 $ 30.00 $ 10.00 $ 25.00 $ 25.00 _45. 00 $ 50.00 $ 40.00 $ 50.Q0 $ 60.00 $ 40.00 $ 230.00 $ 90.00 02 Dec 1985 Date 1044s 'BID NUMBER 955A. SPECIFICATIONS Page 9 of 9 Purchasing Department City of Denton, Texas Vendors are to provide a listing of five (5) local customers to include telephone numbers and point of contact for the bid to be considered. COMPANY NAME/POINT OF CONTACT PHONE NUMBER COUNTY OF DENTON ATTN: COUNTY PURCHASING AGENT 566-8575 CITY OF LEWISVILLE ATTN: LT. DON SMITH, COMM. DEPT. 214-221-7691 CITY OF DENTON SCHOOL DISTRICT ATTN: NORM SISK 387-3846 SPAN ATTN: ERICA 387-4341 SAMMONS 'CABLE, formerly GOLDEN' TRIANGLE COMM. ATTN: VIRGIL ALLEN 566-1711 McALLISTER VENDING CO. ATTN: GLENN PUYEAR 382-1914 Vendors are to attach a letter to the bid covering the following items: 1. Size of customer base. 2. Size and general description of the vendor's business facility. 3• Number of vehicles equipped for field repair service. 4. Number and type of repair benches. 5. Number and function of personnel employed on a full and part- time basis to include licensing level and years of experience. 6. State if vendor operates a certified repair facility. 7. Provide a brief biography of all principles in the company. The vendor shall furnish with the bid a Certificate of Insurance showing the following coverage: Public Liability - $300,000 Property Damage - $250,000 Worker's Compensation - (To be required of successful vendor) LIABILITY UMBRELLA - $1,000,000.00 1044s north counties communications FORMERLY PHILLIPS RADIO SERVICE, INC. 382.6121 813 SOUTH ELM 1.665.8538 DENTON, TEXAS 76201 GAINESVILLE, TEXAS December 02, 1985 Reference Page 9 Specifications: North Counties Communications, Inc., has a customer base exceeding 700 in Denton County plus numerous customers in Cooke, Wise, Collin, and Grayson Counties. North Counties Communications, Inc., located at 813 South Elm Street, has two large drive-in bays, a large shop and parts facility consisting of three active work benches, with State of the Art test equipment. We have two equipped Field Service Trucks and several installation vehicles. Oiir staff consists of four full time Electronics Technicians, two installation personnel, and two office staffers, all on a full time basis. Our staff hold various degrees in Electronics and Federal Licenses. Our Senior Technician has over twenty years experience in electronics and communications and holds an AA degree in Electronics, a FCC General Radiotelephone license, and a NABER Technician certificate, as well as Navy Schools. Our Field Manager has an AA degree, NABER technician certificate, as well as a FCC General Radiotelephone license, Air Force Tech Schools, degree in Law Enforcement, and Law Communications, Data, and Computer Technology. Our Head Bench Technician has an AA degree, several Army Tech Schools in Communications, and trade school in Computer and Digital Technology. Our remaining technician has an AA degree in Electronics and has been working in Mobilephone and Two-Way for over three years. He doubles as both a Field Technician/Installer and Bench Technician. Our Installation Staff includes personnel with a varied background in auto electric installation and service, Cable TV installation and service, of course communications installation. There has not been any type of mobile installation that has not come in front: of them. And of course our Staff Personnel are always here to handle any of the support needs from the office level. We maintain a 24 hour a day answering service for handling calls when the office is not open. North Counties Communications, Inc. is an authorized Motorola and an authorized GE Service Station and are certified by both vendors for full warranty and support. We are also an authorized Service Station for Federal lights and sirens and perform warranty service and support on their products. Reference Page 9 Specifications Page 2 - cont'd North Counties Communications, Inc., primary share holders are Joyce and David Ilten and Ray Carlson. The company was purchased in 1978 from Mr. Phillips, who had operated Phillip's Radio in Denton since the 20's. Shortly after the company started to grow, the name was changed to reflect the counties we service, the northern counties. We have always tried to service with the highest quality work and OEM parts wherever needed. We strive for customer satisfaction. Certificate of Insurance A THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.r e RAJA ® .,-~X. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS OF AGENCY COh9PANIES AFFORDING COVERAGES DENTON INSURANCE- CENTER Ir1G COMPANY P 0 DRAWER C LETTER ROY AL INS UPA14CE CO DENTON TX 76201 COMPANY LETTER Ii0`(1Ii!SUIiANf." t' NAME AND ADDRESS OF INSURED COMPANY pV- LETrEfl 1iD` AL INSURANCE NORTH COUNTIES COMMUNICATION COMPANY D Y 813 S ELM ;n iJSI ur= n LETTER DENTON TX 76201 COMPANY E ETTER ROYAL INSURANCE CO This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement. term orcondlbon of any contract or other document with respect to which this certificate may be issued or may pertain. the Insurance afforded by the policies described herein is subject to all the Limits of la Ili in ousan s COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION GATE EACH OCCURRENCE AGGREGnTE A GENERAL LIABILITY IRYN579520 9/01/86 BODILY INJURY $300 $ COMPREHENSIVE FORM In cel,tz Llll data 9/01 8` PREMISES OPERATIONS PROPERTY DAMAGE S $ EXPLOSION AND COLLAPSE HAZARD UNDERGROUND HAZARD PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND CONTRACTUALINSURANCE PROPERTY DAMAGE COMBINED $ $ BROAD FORM PROPERTY DAMAGE NDEPENDENT CONTRACTORS PERSONAL INJURY PERSONAL INJURY $ E: AUTOMOBILE LIABILITY RMJE:o ~0969 9/01f8f ~ BODILY INJURY s250 E ° COMPREHENSIVE FORM J Inception date 9/01/q Vt. (EACH PERSON) BODILY INJURY ~44 s250 . 1'•i~ EACH OCCURRENCE) OWNED TY AMAGE S ' PROPER D r £T RED HI ' NONOWNED BODILY INJURY AND PROPERTY DAMAGE t ✓ - COMBINED - ' C EXCESS LIABILITY RLA162876 9/01/86 UMBRELLA FORM date 9/01/85 Irfce tlon date 9/01/8 p BODILY DAMAAGE PROPERTTY Y DAME S 1 W~ 1J OTHER THAN UMBRELLA COMBINED FORM rt D WORKER'S COMPENSATION FXS139036 9/01/86 STATUTORY _ and Inception date 9/01/85 777777777777 EMPLOYER'S LIABILITY f tEACHACCIOFN E OTHER RMJ820969 9/01/86 Garage Liab. Inception date 910118 Bodily Injury $250 F•ro t, 7r a 1 DD ;K a is I IESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES Cancellation-. Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 1.0 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. CITY OF DENTON CITY HALL E. MCKINNEY ST. f?L•' NTOid TX 7601 DATE ISSUED 1) (''C 1 v 1985 V A U 11101114LD HePRE JIN WATSON north counties communications FORMERLY PHILLIPS RADIO SERVICE, INC. 382.6121 813 SOUTH ELM 1.665.8538 DENTON, TEXAS 76201 GAIN.ESVILLE,TEXAS December 02, 1985 In accordance with Page 9, Insurance Section, attached is a Certificate of Insurance showing North Counties Communications, Inc., Insurance coverage. North Counties Communications, Inc., carries a Communications Service Station Policy which covers all aspects of the communications service and installation business. This is not only a Liability Policy but much more. We carry the full State required Workers Compensation Policy as well as Accident and Health Insurance for our employees. Our Liability Insurance also covers our personnel off our premises, on customer's premises, and while in transit to and from our shop to call. We also cover customers' vehicles while under our control or if we are shuttling customers' vehicles to and from our shop to customer. i. 33 0 "o a~ o~ yn t_ N v\\ a m m 0 NTk N CI N Z v UY c "v 0 ~ o C Q N O Q C7 O O O FD' 03 ° c o 0 (D C BD `S O CD ~ n. Q( m Q 0. CO _Q0- c cD Q VC\\\ ac6 (t,e 9 f1~Y Y DATE January 7, 1986 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Rick Svehla, Acting City Manager SUBJECT BID #9557 1985 FY CAPITAL IMPROVEMENT PROJECTS FOR WATER AND SEWER LINES RECOMMENDATION We recommend this bid be awarded to the lowest and most responsive bidder, Dickerson Construction in the amount of $344,511 14 SUMMARY This bid is for the following CIP projects 1 Bolivar Street Waterline 2 Bolivar Street Sewerline 3 Northridge Waterline 4 Tulane Street Waterline 5 North Elm Street Sewer Line BACKGROUND Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED_ Den*an Municipal Utilities FISCAL IMPACT 1985 FY Capital Improvements Projects Account #624-008-0471-9114 $127,120 05 Account #624-008-0461-9114 $217391 199 Respectfully submitted Rick Svehla Acting City Manager Pre eName Tom D Shaw, C P M Title Assistant Purchasing Agent Approved Name Tom D Shaw, ~ P M Title Assistant Purchasing Agent rn N p fD fD I n N n f ~ m b N rt (D Z CT 5 Z m f D N N C7 --I O ~ s w A O O 9 cn r N OV co CT1 ' N ~ ~1 A T OD O O W zz N c r „ rn o v Oo o c rn w 01 ° ° A -o C-5 r co fm A al v 01 Cn p1 ' C w r w A v N r ~ C' w _ m W V C7 = w O V1 O -I zo to N V m 22 N Ln O% W N 01 'A ° y N Cn P. N m V w co co n r+ 01 f7 W --I 7J V ~O Z QO W tD W m N N o+ W CD O O ° O O F Cf O R=1 ww W v fC+9 Z cl ? ? 7 ;K N co V Qy I + t0 N v pl v ;o N O N r O N t+ O ~ Vl O F ~ rr 0 S O O N C n 0 CO S + C January 7, 1986 CITY COUNCIL AGENDA ITEM TO MAYOR AND MEMBERS OF THE CITY COUNCIL FROM Rick Svehla, Acting City Manager SUBJECT Consider Bid Opening, Bid #9557 1 Bolivar Street Water Line 2 Bolivar Street Sewer Line 3 Northridge Water Line 4 Tulane Street Water Line 5 North Elm Street Sewer Line RECOMMENDATION The Public Utilities Board, at their meeting of December 18, 1985, recommended to the Council approval of the lowest bid of Dickerson Construction in the amount of $344,511 14 SUMMARY The bids were opened December 17, 1985, and the results are as follows Dickerson Const , Denton, Tx 344,511 14 B&,F Construction, Denton, tx 353,689 00 WF Harrison Const., Arlington, Tx $495,827 00 Bar Construction, Lancaster, Tx $523,452 71 Calvert Paving Co Denton, Tx $586,613 00 BACKGROUND These are approved FY 85 consists of replacing three lines. These lines are old replacement at this time CIP projects This package water lines and two sewer and deteriorated and warrant PROGRAM M, DEPARTMENTS OR GROUPS AFFECTED Denton Municipal Utilities, local citizens, contractors 4063U 16 FISCAL II4PACT FY 85 Section B Water/Sewer Line Improvements Project Name $ Recommended FY85 Account Number Award of Lowest Bid Budgeted Rep Bolivar St WL $100,572 69 $75,000 00 Rep Bolvar St SL $86,743 80 $60,000 00 624-008-0471-9114-9938 Rep Northridge WL 623-008-0461-9114-7911 $88,178 85 $71,000 00 Rep Tulane St WL $28,639 65 $18,000 00 623-008-0461-9114-7939 Rep N Elm SL $40,376 25 $90,000 00 624-008-0471-9114-9956 $344,511 14 $314,000 00 The total lowest bid is about 9 7% higher than the budgeted estimate Source of Funds Prepared by Srini Sundaramoorthy Civil Engineer A ved by e on Director of Utilities Water bonds Respectfully, Rick svehla Acting City Manager Exhibit I Location Map II Bid Tabulation III Minutes PUB Meeting of 12/18/85 4063U,17 I ♦ Y ROJECT LOCATI& Ir= WATERLINE 1WLLJL 60 I ~ J^J^1Y~4 JLY. Il L Lit iL_ L -Ji 1 -.r-__- Irr DO= _7I 0~`7 li 14VAR I WkW j%R ~ ~E7L 1i J V W .L J ~ 1 f 1 II 7 ~ ~ y y • ~3 g 1 `s r lonl ~~i 1 r1~Jl 1 RE I I I ~I J ~ r- :LIIER ~ Il i 'L I X11 T I, ~w--~r-,I ! 4 I601'L_ I ~.ISIJ r ~ Vhf ~ 1. •y ~ EXCERPT FROM MINUTES PUBLIC UTILITIES BOARD December 18, 1985 11 Emergency Agenda Item BID #9557 1985 CIP SECTION B-WATER Nelson explained that these were approved FY 85 CIP projects The package consists of replacing three water lines and two sewer lines These lines are old and deteriorated and warrant replacement at this time Thompson motion, Frady second, to approve the bid All ayes, no nays, motion carried unanimously ez~ CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON ) THIS AGREEMENT, made and entered into this 8 day of January A.D., 19_1&, by and between The City of Denton, TX of the County of Denton and State of Texas, acting through Rick Svehla. Acting City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and -Dickerson Construction Co, Inc., Box 181 of the City of Celina , County of and state of Texas , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: Bid # 9557 - 1985 C.I.P UTILITIES - SECTION B Purchase Order #71268 for $344,511.13 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 w t 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,. City of D n, Texas Party of e F ps Pa , OWNER By Rick Svehla Acting City Manager (SEAL) ATTEST: C ` APPROVED AS TO FORM: City AttorniYv CA-2 Dickerson Construction Company, Inc. Party of th Sec d art, CONTRACTOR By _ Title Lewis Dickerson President (SEAL) 0044b BOND NLZMER: 612-4801 PERFORMANCE BOND STATE OF TEXAS COUNTY OF HARRIS KNOW ALL MEN BY THESE PRESENTS: That DICEERSON CONSTRUCTION COMPANY, INC. , of the City of CELINA County of DENTON , and State of TEXAS as PRINCIPAL, and FIDELITY AND DEPOSIT OF MARYIAND 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, TX as OWNER, in the penal sum of Three Hundred Forty-Four Thousand Five Hundred Eleven and 13/100---------Dollars (t3-4-4,511-13 ) 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 8777 day of .7 NnARV , 19$x, for the construction of BID # 9557 - 1985 C.I.P. UTILITIES - SECTION PURCHASE ORDER #71268 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 DENTCN 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 8TH day of JANUARY , 19 86. DICKERSON CONSTRUCTION COMPANY INC Principal By LEWIS D. DICKERSON Title PRESIDENT FIDELITY AND DEPOSIT OF MARYLAND Surety REGENIA PIZZO Title ATTORNEY-IN-FACT P. O. BOX 181 Address CELINA, TX 75009 2925 BRIARPARK #150 Address HOUSTON, TX 77042 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: WILLIAM H. RATZ & ASSOCIATES, INC. 2925 BRIARPARK #150, HOUSTON, TX 77042 COMPLAINT NOTICE Should any dispute arise about NOTE: Date of Bond must not be prior to date of Contract. your premium or about a claim that you filed, contact the agent or write to the company that PB-2 issued the policy. If the problem is not resolved, you may also write the State Board of Insurance, 0091b Department C, 1110 San Jacinto, Austin, TX 78786. This notice of complaint procedure is for infor- mation only and does not become a part or condition of this policy. BOND NLM3ER: 612-4801 PAYMENT BOND STATE OF TEXAS COUNTY OF HARRIS KNOW ALL MEN BY THESE PRESENTS: That DICKERSON CONSTRUCTION COMPANY. INC. of the City of CEMINA , County of DENTON , and State of TEXAS , as principal, and FIDELITY AND DEPOSIT OF MARYLAND authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto THE CITY OF DENTON, TX , OWNER, in the penal sum of Three Hundred Forty-Four Thousand Five Hundred Eleven and 13/100-------------- Dollars ($344.511.13 ) 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 8TH day of JANUARY , 19 86 . CONSTRUCTION OF BID # 9557 - 1985 C.I.P. UTILITIES - SECTION B PURCHASE ORDER #71268 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 -bf 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 8TH day of JANUARY , 19 86 . DICKERSON CONSTRUCTION COMPANY, INC. FIDELITY AND DEPOSIT OF MARYLAND Principal By LEWIS D. DICKERSON Title PRESIDENT ' P. O. BOX 181 Address CELINA, TX 75009 Surety AEGENIA PIZZO T~- Title ATTORNEY-IN-FACT 2925 BRIARPARK #150 Address HOUSTON, TX 77042 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: WILLIAM H. RATZ & ASSOCIATES INC. 2925 BRLARPARK #150, HOUSTON, TX 77042 PB-4 0092b BOND NUMBER: 612-4801 MAINTENANCE BOND STATE OF TEXAS COUNTY OF HARRIS KNOW ALL MEN BY THESE PRESENTS: THAT DICKERSON CONSTRUCTION COMPANY, INC. as Principal, and FIDELITY AND DEPOSIT OF MARYLAND a Corporation authorized to do usiness 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 hirtv-four Thousand Fob Hundred Fifty-one and 11/100 Dollars 34.451.11 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 DICF7MON CONSTRUCTION COMPANY, INC. has this day entered into a written contract with the said City of Denton to build and construct BID # 9557 - 1985 C.I.P. UTILITIES - SECTION B 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 DICKER.SON CONSTRUCTION COMPANY INC. as Contractor and Principal, ~a caused t ese presents to be executed by LEWIS D. DICKERSON. PRESIDENT and the said FIDELITY AND DEPOSIT OF MARYIMD as surety, has caused these presents to be executed by its Attorney-in-Fact RECENIA PIZZO and the said Attorney-in-Fact has hereunto set his hand this 8TH day of JANUARY , 19 86 . SURETY: PRINCIPAL: FIDELITY AND DEPOSIT OF MARYLAND 6i~ 'I BY: 7 GC / IZZO Attorney-in-Fact DICKERSQ C0 UCT ON COMPANY, INC. ILMIS D. ICKERSON PRESIDENT MB-2 00.93b CITY OF DENTON INSURANCE MINIMUM REQUIREMENTS Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the work is completed and accepted by the City of Denton, Owner, minimum insurance coverage as follows: TYPE OF COVERAGE LIMITS OF LIABILITY I. II. III. WORKMEN'S COMPENSATION STATUTORY COMPREHENSIVE GENERAL LIABILITY Bodily Injury $300,000 $1,000,000 Each occurance Aggregate Property Damage $10U,000 Each accident COMPREHENSIVE AUTOMOBILE LIABILITY Bodily Injury $300,000 $1,000,000 Each person Each accident Property Damage $100,000 Each accident A. In addition to the insurance described above, the Contractor shall obtain at his expense an OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY with the following limits: BODILY INJURY $300,000 each person $300,000 each accident PROPERTY DAMAGE $100,000 each accident $1,000,000 aggregate Covering the work to be performed by the Contractor for the City of Denton. B. The contractor will furnish the Owner's Protective Policy described above and execute the Certificate described on the following page to the City of Denton for its approval. Insurance must be accepted before commencing any work under the contract to which this insurance applies. The City of Denton will be listed on all policies as an additional named insured. #0399c CERTIFICATE OF INSURANCE THIS IS TO CERTIFY that the following policies, subject to their terms, conditions and exclusions, have been issued by the company or companies shown below: THIS CERTIFICATE OF INSURANCE neither affirmatively or negatively amends, extends or alters the coverage afforded by the policy or policies shown below, nor is it an endorsement making the person, firm or corporation at whose request it is issued an additional insured on the policy or policies referred to herein. In the event of any material change in or cancellation of the policy or policies, the company or companies will snail ten (10) days' written notice to the party to whom this certificate is addressed. NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED DATE: r REMARKS: City of Denton 901-B Texas St. Denton, TX 76201 Bid # 9557 L Attn: John J. Marshall, C.P.M. Purchasing Agent J NAME AND ADDRESS OF INSURED: - Insurance Company Typo of Insurance Policy Number Effective Date Expiration Date LIMITS OF LIABILITY- Workmen's Compensation Statutory and Employers Liability Employers Liability Limits-$100,000 Comprehensive Bodily Injury General Liability " $ Each Occurrence Aggregate Products $ & Completed Operauor Property Damage $ Each Occurrence $ Aggregate Operations $ Aggregate Protective $ Aggregate Contractual • Aggregate eroducts $ & Completed Operation Cor prehemive Bodily Injury Automobile Liability" $ Each Person $ Each Occurrence Property Damage $ Each Occurrence 'Absence of any appropriate entry means no such insurance is in force. NAME AND ADDRESS OF AGENCY : "Covers all owned, nowowned or hired vehicles. PHONE NUHBER OF AGENCY Authorized Representatives of the Insurance Companies referred to above. PURCHASING DEPARTMENT City of Dentori 901.8 Texas St. Denton, Texas 76201 BID INVITATION CITY OF DENTON, TEXAS Date November 27, 1985 BID NUMBER 9557 ADDENDUM #1 BID TITLE 1985 C.I.P. UTILITIES SECTION B Sealed bid proposals will be received until 2:00 p.m. December 17, 1985 at the office of the Purchasing Agent, 901-B Texas St.. Denton, Texas 76201 For additional Information contact JOHN J. MARSHALL, C.P.M. Tom D. SHAW, C.P.M. PURCHASING AGENT ASSIST. PURCHASING AGENT Office 817.566.8311 D/FW Metro 817.267-0042 INSTRUCTIONS TO BIDDERS 1. Sealed bid proposals must be received in duplicate, on this form, prior to opening date and time to be considered. Late proposals will be returned unopened. 2. Bids shall be plainly marked as to the bid number, name of the bid, and bid opening date on the outside of completely sealed envelope, and mailed or delivered to the Purchasing Department. City of Denton, 901-8 Texas St., Denton, TX 76201. 3. Any submitted article deviating from the specifications must be identified and have full descriptive data accompanying same, or it will not be considered. 4. All materials are to be quoted FOB Denton, Texas, delivered to the floor of the warehouse, or as otherwise indicated. 5. The City of Denton, Texas reserves the right to accept separate items In a bid unless this right is denied by the bidder. & In case of default after bid acceptance, the City of Denton, Texas may at its option hold the accepted bidder or contractor liable for any and all resultant increased costs as a penalty for such default. 7. The City of Denton reserves the right to reject any and all bids, to waive all informalities and require that submitted bids remain in force for a sixty (60) day period after opening or until award is made; whichever comes first. & The quantities shown maybe approximate and could vary according to the requirements of the City of Denton throughout the contract period. 8. The items are to be priced each net. (Packaging or shipping quantities will be considered.) 10. The Purchasing Department assumes responsibility for the correctness and clarity of this bid, and ail Information and/or questions pertaining to this bid shall be directed to the City of Denton Purchasing Agent. 11. Any attempt to negotiate or give information on the contents of this bid with the City of Denton or Its representatives prior to award shall be Bounds for disqualifications. 12- The conditions and terms of this bid will be considered when evaluating for award. 13. The City of Denton is exempt from ail sales and excise taxes. (Article 20.048) BID NUMBER 9557 BID PROPOSALS Page 2 of 7 ITEM I STOCK NUMBER DESCRIPTION I QUAN. I PRICE I AMOUNT ADDENDUM #1 This addendum to include the bid tabulation sheets that were left out of the specifications. No Other changes. TOTALS We quote the above f.o.b. Denton, Texas. Shipment can be made in ^"ays from receipt of order. Terms net if not 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 constitues a contract. Date lei Bidder ~c~~ Ze Title r'~- Signatur BID# 9557 PO# WORK DAYS 30 1985 UTILITIES CIP-SECTION B BID TABULATION SHEET NORTH ELM SANITARY SEWER ITEM DESCRIPTION 2.12.14-C 8' Sewermain (PVC) 3-C Remove Concrete Drives & Sidewalks 5.7-B Asphalt Patch Type D 7.6 4' Manhole 8.3 Concrete Driveways WS-11-A 4' Sewer Service (W) WS-11-B 4' Reconnect (E) SP-2 Sawcut Existing SP-6 Break into Exist. Manhole S.P-10 Rock Clause BID UNIT QUANTITY PRICE EXT. TOTAL 1,317 LF ZV,sv /LF 3Z, z6d- 18 BY /SY !8u 3 Ton 30. /Ton ZVo. a 2 EA /,?5o,``/EA 1 Jv~+- ~s 18 SY Z-7 /SY 19 EA EA Z-qSL• ` 19 EA Z "-/EA Y 78 LF 5 /LF ^ 2 EA Ycu. `:~/EA / uvu. c= 4~y g l,2 S Bid Total: 1327a/l BID# 9557 P0; WORK DAYS 70 1985 UTILITIES CIP-SECTION B BID TABULATION SHEET NORTHRIDGE WATER LINE BID UNIT ITEM DESCRIPTION QUANTITY PRICE EXT. TOTAL 2.12.8-e Cast Iron Fittings 0 &L Z sR' / $ _o - 2.12.8-A 8' Ductile Iron 40 LF 29. /LF /64c, 2.12.20-A 6' Watermain PVC 60 LF 23.°= /LF 2.12.20-B 8' Watermain PVC 3,013 LF 15. , s= /LF yL S 2.13-A 6' Gate Valves 7 EA 56c, /EA 2.13-B 8' Gate Valves 2 EA 654°7'EA 2.14 Fire Hydrant 1 EA i61Sf~.`=/EA 2.16-A 3/4' Water Service 57 EA 251.` / E A Y5 C:.°- 2.16-B 1 1/2' Water Service 1 EA Sov.`' EA 3p°• °t 2.16-C Meter and Meter Connection 58 EA /Jo`yEA Y,7co 3-A Remove Concrete Pavement 20 SY 15 `2/Sy r w. 3-B Remove Curb and Gutter 30 LF /a.°~/LF 3s"• 3-C Remove Concrete Drives 5 SY 1,6.°d~ /Sy T0.°'- 5.7-B Asphalt Patch Type D 192 Ton au, /Ton 5.8 Concrete Pavement 20 SY 35, le /Sy -7 do' Qt 7.4 Concrete Encasement 20 CY 9S.°-U/Cy 5`o. CT. 8.2-A Concrete Curb and Gutter 30 LF /S';'- 8.3 Concrete Drives 5 SY "-/SY 27 /d3 . o, y9o - SP-2 Saw Cut Existing 96 LF 5°~/LF S.P-10 Rock Clause 0 CY 3o.` /CY -O- Bid Total: 7 qy~,~-' 1327a/2 BID# 9557 PO# WORE DAYS 30 1985 UTILITIES CIP-SECTION B BID TABULATION SHEET TULANE ST. WATER LINE ITEM 2.12.8-B 2.12.20-a 2.13-A 2.14 2.16-A 2.16-C 3-A 3-B 3-C 5.7-B 5.8 7.4 8.2-A 8.3-A 8.3 SP-2 S.P-10 1327a/3 DESCRIPTION Cast Iron Fittings 8' Watermain PVC 6" Gate Valves Fire Hydrants 3/4' Water Service Meter and Meter Connection Remove Concrete Pavement Remove Curb and Gutter Remove Concrete Drives and Sidewalks Asphalt Patch Type D Concrete Pavement Concrete Encasement Concrete Curb and Gutter Concrete Sidewalks Concrete Drives Sawcut Existing Rock Clause BID QUANTITY 01 783 LF 2 EA 2 EA 18 EA 18 EA 8 SY 15 LF 46 SY 15 Ton P©` /Ton 8 SY 35 s'/Sy 6.7 CY T%'~ CY 15 LF /3.°-=/LF 13 SY •Ll.J'/SY 33 BY Z7.°-/SY 250 LF 5• of. 0 Cy 3 0-`~/CY UNIT PRICE 2. s-° A 20.-~T/LF Sie.97EA 1 1OSo.47EA ZYO.5'~/EA /Sri,"/EA 25 ° /SY O, `'/LF /O. `^%SY Bid Total: EXT. TOTAL d - U 'P /G, doz. %fJGYJ. e.. 2,740. yr 12 co. 260- - SVs. i.; 221 3. 125a ..z -o - -41 1 sLi, all;- BID# 9557 PO# WORK DAYS 60 1985 UTILITIES CIP-SECTION B BID TABULATION SHEET BOLIVAR ST. SANITARY SEWER BID UNIT ITEM DESCRIPTION QUANTITY PRICE EXT. TOTAL 2.12.14-A 4" Sewermain PVC 40 LF 7a.`"-/LF 2.12.14-B 6" Sewermain PVC 180 LF 3.c. "-%LF S, 4ou . 2.12.20-B 8' Watermain PVC 1,791 LF 19,°'/LF y~ 3~y 3-B Remove Curb and Gutter 25 LF Jo.° /LF 5.7-B Asphalt Patch Type D 150 Ton 4D.°/Ton Z,coo.`-1 7.4 Concrete Encasement 40 CY 75 `=/CY 3,aww ` 7.6 4' Manhole 2 EA /•75j O~/EA Z,'7 w- 8.2-A Concrete Curb and Gutte r 25 LF !S`p /LF WS-11-A 4' Sewer Service 50 EA z5-c-'%EA iz,3•o,~ SP-6 Break in Exist. Manhole 2 EA Scx.`-SEA /coo. SP-7 Sewer Clean Out 2 EA Ste."/EA 4^ ~O"O SP-8 Remove Manhole 4 EA -750.'~/EA 3 V,Oo SP-9 Drop Manhole 3 EA Z.ww. /EA S.P-10 Rock Clause 0 CY 30 /CY - Bid Total: $ Q~~38t 1327a/4 BID# 4557 PO# WORK DAYS 70 1985 UTILITIES CIP-SECTION B BID TABULATION SHEET BOLIVAR ST. WATER LINE BID UNIT ITEM DESCRIPTION QUANTITY PRICE EXT. TOTAL 2.12.8 8" Ductile Iron 50 LF ys,`=/LF $ oZj~, S, 2.12.8-B Cast Iron Fittings 0 & 2.12.20-A 6" Watermain PVC 36 LF Z5.°~/LF ~o~•v~ 2.12.20-B 8" Watermain PVC 2,694 LF 20,'t/LF 55,092, so 2.13-B 6` Gate Valves 4 EA 3 °'/EA °.:f 2.13-B 8" Gate Valves 2 EA e:r~,"/EA 2.14 Fire Hydrant 1 EA /vsa"-/EA 2.16-A 3/4" Water Service 59 EA 25u, /EA 2.16-B 1 1/2" Water Service 9 EA fcv. /EA y,Sw.` 2.16-C Meter and Meter Connections 68 EA 15,%"/EA z.0.`= 3-B Remove Curb and Gutter 20 LF /0.`=/LF Zoo. 5.7-B Asphalt Patch Type D 200 Ton GU.`-/ Ton o:• /(qr0' 7.4 Concrete Encasement 27 CY qs °=/CY Zaire 8.2-A Concrete Curb and Gutter 20 IF /S.`=/LF 3uo.` SP-2 Sawcut Existing 16 LF 5. "--/LF 80• SP-5 14"-Gage 7 Steel Casing Pipe 30 IF m.`/LF Y0 S.P-10 Rock Clause 0 CY /CY -0- Bid Total: 1327a/5 BID PROPOSAL TO THE CITY OF DENTON, TEXAS For the Construction of 1985 C.I.P. Utilities Section B IN DENTON, TEXAS The undersigned, as oidder, declares that the only person or parties interested in this proposal as principals are those named nerein, that tnis proposal is made without collusion with any otner person, firm or corporation; that ne has carefully examined the forin of contract, Notice to Bidders, specifications and the plans tnerein referred, to, and nas carefully examined the locations, conditions, and classes of materials of tnd proposed work and agrees that ne will provide `all the necessary labor,- macninary, tools, apparatus, and other items incidental to construction, and will do all the work and furnisn all the materials called for in the contract and specifications- in the manner prescr wed tnerein and according to the requirements of the City as tnerein set forth. It is understood that the following quantities of work to oe done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating oids. It is agreed'tnat-tinequantities of work to be done at unit prices and ,naterial to oe` furnisned may oe increased or diminished, as may.oe considered necessary, in the opinion of the City, to ,complete the worK fully as planned and contemplated, and that all quantities of worK wnetner increased or decreased are to oe performed at the unit prices set forth oeiow except as provided for"in the specifications. _It is further agreed. that lump sun prices may be increased to cover. additional work ordered oy the City, out not shown on the plans or required,by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may oe decreased: td cover "deletion of work so ordered.- a P - 1 It is understood and agreed that the work is to be completed in full within the working days specified on the Bid Summary sheet. Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying cnis proposal snail be returned to the bidder, unless in case of the acceptance of the proposal, the bidder snail fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in wnicn case the bid security snail become cne property of the Owner, and snail be considered as payment for damages due to delay and otner inconveniences suffered by cne Owner on account of sucn failure of the bidder. It is understood tnat the Owner reserves the right to reject any and all bids. Tne undersigned nereoy proposes and agrees to 'perform all work of wnatever nature required, in strict accordance witn the plans and specifications, for the following sum or prices, to wit: r- ~ t ~ ~r rfiJ ,k 4 P - 2 H BID NUMBER 5557 BID SUMMARY SHEEP PROJECT NAME 1. Bolivar Street Water Line 2. Bolivar Street Sewer 3. Nortnridge Water line 4.• Tulane Street water line 5. Nortn Elm Street Sewer 6. Projects 1-5 Comnined BID TOTAL #WORK DAYS $ (lip Ivl.3~ 70 ro 3~z 6U $ q'1;R1C S Y 3U $ 31~8z1,$y 7U $-144486Z fe 30 $ 38"L~IQC, Sec Be~ow 26U Tnese projects may oe nid separately or togetner (See #6). The City ;nay award any of #1-6 or comainations of #1-5. Tne City reserves the rignt of final decision. If the projects are awarded togetner, oidders may use total workdays. Contractor snail not qualify any oid sunmitted. Rock clauses for eacn project snould not exceed $5,000 for eacn project. AWA01o1 all Ntc `p' jec-&S Jed-.,, logo ~taj" -,,o{dl 4J. L, o. - i~JijI Y - F - 3 BID SUMMARY BID NUMBER 9557 DOTAL BID PRICE; IN WORDS µ(p,t 14uwjg•,a fu 4/AZW dtjA Stv(' N` tj j Il •~~lop ) a"C p f- ftw Cfn4S In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for tae 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 tnat the worK proposed to be done snail oe accepted, when fully completed and finished in accordance witn the plans and specifications, to the satisfaction of the Engineer. The undersigned cercifies that the bid prices contained in tnis proposal nave been carefully cnecxed and are submitted as correct and final. Unit and lump-sum prices as snown for each item listed in this proposal, shall control over extensions. DiCktE.)Oa1 Cou)~.ctl'NC CONTRACTOR alit-tcz.)on/ , I'll O•i,- - - ff / r Q :t..7~..a eel, liuuL C.1.S r~o1 eK~3 <~~ftty and State L Authorization ird,,{f`a Corporation) y is 2 - 4 The FIDELITY AND DEPOSIT COMPANY OF MARYLAND e D FIDELITY AND DEPOSIT COMPANY Companies HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the FIDELITY AND DEPOSIT COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By-Laws of said Companies, which are set forth on the reverse aide hereof and are hereby certified to be in full force and effect of the date thereof, do hereby nominate, constitute, and appoint William H. Ratz, Maryanne Wilson, Regenia Pizzo, Carole Kamman and Edward L. Moore, all of Houston, Texas, EACH t fie and lawful agent and Attorney-in-Fact of each, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Guardians the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the respective Companies at their offices in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of William H. Ratz, etal, dated, May 26, 1983. IN WITNESS WHEREOF, the said Vice-Presidents and Assistant Secretaries have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT s.. COMPANY this .....2 I..t . day of January A.D. 19_85......... ATTEST: FIDELITY AND DEPOSIT SEeL ~-Q ....g tee.......... B, Arsutant Seuetary 11 n p 'FIDELI' SEAL W 1C f. &4- 4A4..........- B, Auntant Secretary Vice-Presidatt STATE OF MARYLAND t es: CITY OF BALTIMORE On this 21st I day of January , A.D. 1985 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice-Presidents and Assistant Secretaries of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY, to me personally known to be the.individuals and officars described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seats affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures u such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Off isl /W~ timore t d year first above written. Po.. ...6Lc a My commission expirea.:N July--.I.x---1986 CERTIFICATE I, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and 1 do further certify that the Vice-Presidents who executed the mid Power of Attorney were Vice-Presidents a idly authorised by the Boards of Directors to appoint any Attorney+n-Fact as provided in Article VI, Section 2 of the respective By-Laws of the FIDELITY, AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the l6th day of July, 1969 and of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY at a meeting duly called and held on the 2nd day of November, 1978. RESOLVED:'"Mat the facsimile or mechanically reproduced ngnature of any Assistant Secretary of the Company, whNher made heretofore or hereafter, whenever appearing upon a certified copy of any power o(sttorney issued by the Company, shall be valid and binding upon the Company with the mine force and effect as though manually affixed.' IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate male of the said Companiea, this....... 8TH day of JANUARY 86 , 19........... Aisu eSecretary L141%(Tx)-ra 170-3613 FOR YOUR PROTEC'T'ION LOOK FOR THE F&D "'ATERMARK DATE January 7, 1986 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Rick Svehla, Acting City Manager SUBJECT BID x'9558 27" WATERLINE LOWERING RECOMMENDATION We recommend this bid be awarded to the lowest most responsible bidder, Calvert Paving Company, in the amount of $31,000 00 SUiNN►RY This bid is for the lowering of a 27" waterline to facilitate a change in the drainage channel near the Water Treatment Plant This line has to be lowered to clean the channel and to avoid future washout of the line due to floods BACKGROUND: Tabulation Sheet PROGRAMS DEPARTMENTS OR GROUPS AFFECTED Denton Municipal Utilities (Water Production Plant) FISCAL IMPACT 1985 FY Capital Improvements Project Respectfully submitted Rick Svehla Acting City Manager Prep 7d Name Tom D Shaw, C P M Title Assistant Purchasing Agent Approved Name Tom Shaw, C P M Title Assistant Purchasing Agent n CS --I {T1 b HG C y I. H ttl = v+ oy O N O Z CD O C'1 ~ f'f W O C r ~ 2e C 2e m O O V f"f W V C j W V iC yi J -1 T a A ~ j O n O W C m ~ c ) rfl V W O 0) January 7, 1986 CITY COUNCIL AGENDA ITEM TO MAYOR AND MEMBERS OF THE CITY COUNCIL FROM Rick Svehla, Acting City Manager SUBJECT Consider Bid Opening Bid #9558, 27" Water Line Lowering RECOMMENDATION The Public Utilities Board, at their meeting of 12/18/85, recommended approval of the lowest bid of Calvert Paving Company, Denton, in the amount of $31,000 S UMM AR Y The bids were opened December 17, 1985, and the results are as follows Calvert Paving Co Denton, Tx $51,000 00 WF Harrison Const , Arlington, Tx $54,000 00 Dickerson Const Denton, Tx $68,970 36 B&F Const Allen, irx $77,724 00 BACKGROUND This is an approved FY 85 CIP project The existing 27" water line is one of the main transmission lines coming out from the Water Treatment Plant and was installed during 1957-58 Due to the proposed drainage channel in this area, it becomes necessary that this existing water line segment at channel crossing, about 150 LF, be lowered approximately 6 feet This line has to be lowered to clean the proposed channel, and this avoids any future washout of the line due to floods The Board believes that it is the right time to take care of any future flooding problems as a result of construction fom the Golden Triangle Mall and Colorado Boulevard PROGRAM, DEPARTMENTS OR GROUPS AFFECTED Denton Municipal Utilities, local citizens, contractors 4063U 18 FISCAL IMPACT FY 85 CIP budge= estimate Recommended approval of the bid of Calvert Paving Co , Denton, Tx Source of Funds Water Bonds Prepared by Srini Sundaramoorthy Civil Engineer 4 App ov d b e son Director of Utilities $30,000 00 $31,000 00 623-008-0460-9138-7910 Respectfully, Rick 5vehla Acting City Manager Exhibit I Location Map II Bid Tabulation III Minutes PUB Meeting of 12/18/85 4063U 19 1 \ • 1 1 p"XEGT LUATI OM W ATEi TKMT P6 1.71 0 1 / i i / 1 I •r 1 r- i t-- EXCERPT FROM MINUTES PUBLIC UTILITIES BOARD December 18, 1985 12 Emergency Agenda Item BID OPENING BID X9558, 27 INCH WATER L Nelson explained that this was also an approved FY CIP project The existing 27 inch water line is one of the main transmission lines coming from the water plant, and was installed during 1957-58 Due to the proposed drainage channel in this area, it becomes necessary that this existing water line segment channel crossing, about 150 LF, be lowered approximately b feet This line has to be lowered to clean the proposed channel, and this avoids any future washout of the line due to floods Staff ffeels problems it is the right time to take care offany the Golden Triangle Mall and Colorado Boulevard Coomes motion, Thompson second, to approve the bid All ayes, no nays, motion carried unanimously CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF TEXAS THIS AGREEMENT, made and entered into this __.U_ day of January A.D., 19 86, by and between the City of Denton, Texas of the County of Denton and State of Texas, acting through Rirk Svahla Arting rity ManaaPr thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and of the City of Denton , County of Denton and state of Texas Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: Bid #9558 Purchase Order #71714 27" Waterline Lowering 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. City 9L Denton, Texas PParty f th First art, OWNER Rick Svehla Acting City Manager (SEAL) ATTEST: Party of the Second Part, CONTRACTOR gy - Title (SEAL) APPROVED AS TO FORM: City Attorry CA-2 0044b PERFORMANCE BOND STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: , of the City of _ County of , and State of _ as PRINCIPAL, and , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the as OWNER, in the penal sum of Thirty-One Thousand and no/100-------------------- Dollars 31,000.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the _ day of , 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 That 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 day of , 19 Principal By Title Address Surety Title Address (SEAL) The name and address of the Resident Agent of Surety is: (SEAL) NOTE: Date of Bond must not be prior to date of Contract. PB-2 0091b PAY11ENT BOND STATE OF TEXAS COUNTY OF County of KNOW ALL MEN BY THESE PRESENTS: That of the City of , and State of , as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto , OWNER, in the penal sum of Thirty-One Thousand and nn/100--------------------------------------------- Dollars 31.000.00 > for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by then presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 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 , 19 Principal Surety By Title Address Title Address (SEAL) The name and address of the Resident Agent of Surety is: (SEAL) PB-4 0092b MAINTENANCE BOND STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: THAT as Principal, and a Corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sum of Hundred and no/100------------------------- Dollars 3,100.00 , 10% of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said has this day entered into a written contract with the said City of Denton to build and construct 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. 0093b MB-1 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 as Contractor and Principal, has caused these presents to be executed by and the said as surety, has caused these presents to be executed by its Attorney-in-Fact and the said Attorney-in-Fact has hereunto set his hand this day of , 19 SURETY: PRINCIPAL: BY: Attorney-in-Fact NB-2 0093b CITY OF DENTON INSURANCE MINIMUM REQUIREMENTS Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the work is completed and accepted by the City of Denton, Owner, minimum insurance coverage as follows: TYPE OF COVERAGE LIMITS OF LIABILITY I. WORKMEN'S COMPENSATION STATUTORY II. COMPREHENSIVE GENERAL LIABILITY Bodily Injury $3UO,000 $1,000,000 Each occurance Aggregate Property Damage $lOU,000 Each accident III. COMPREHENSIVE AUTOMOBILE LIABILITY Bodily Injury $300,000 $1,000,000 Each person Each accident Property Damage $100,000 Each accident A. In addition to the insurance described above, the Contractor shall obtain at his expense an OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY with the following limits: BODILY INJURY PROPERTY DAMAGE $300,000 each person $1OO,000 each accident $300,000 each accident $1,000,OUO aggregate Covering the work to be performed by the Contractor for the City of Denton. B. The contractor will furnish the Owner's Protective Policy described above and execute the Certificate described on the following page to the City of Denton for its approval. Insurance must be accepted before commencing any work under the contract to which this insurance applies. The City of Denton will be listed on all policies as an additional named insured. #0399c CERTIFICATE OF INSURANCE THIS IS TO CERTIFY that the following policies, subject to their terms, conditions and exclusions, have been issued by the company or companies shown below: THIS CERTIFICATE OF INSURANCE neither affirmatively or negatively amends, extends or alters the coverage afforded by the policy or policies shown below, nor is it an endorsement making the person, firm or corporation at whose request it is issued an additional insured on the policy or policies referred to herein. In the event of any material change in or cancellation of the policy or policies, the company or companies 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 DATE: r REMARKS: City of Denton 901-8 Texas St. Denton, TX 76201 Bid # 9558 L Attn: John J. Marshall, C.P.M. Purchasing Agent NAME AND ADDRESS OF INSURED: I Policy Effective Expiration Insurance Company Type of Insurance Number Data Date LIMITS OF LIABILITY. _ Workmen's Compensation Statutory and Employers Liability Employers Liability Limits-$700,000 Comprehensive Bodily Injury General Liability $ _ Each Occurrence ' Aggregate Products $ & Completed Operation Property Damage $ Each Occurrence $ Aggregate Opefilu", $ Aggregate Pru'vOlvi $ Aggregate Contractual Aggregate VrodU6ta $ & Completed Operation Comprehensive Bodily Injury $ Each Person Automobile Liability $ Each Occurrence Property Damage $ Each Occurrence -Absence of any appropriate entry means no such insurance is in force. --Covers all owned, non-owned or hired vehicles. PRONE NMER OF AGENCY NAME ANp AUUnL - ve nve, - . Authorized Representatives of the insurance companies referred to above. CI-2 3 PROPOSAL TO THE CITY OF DENTON, TEXAS For the Construction of 27" Waterline Lowering IN DEN'TON, TEXAS BID #q;18 Tne undersigned, as oidder, declares tnat the only person or parties interested in this proposal as principals are those named nerein, tnat this propusal is made witttout collusion witn any otner person, firm or corporation; tnat ne nas carefully examined the form of contract, Notice to Bidders, specifications and the plans tnerein referred to, and nas caretully examined the locations, conditions, and classes of materials of the proposed worK and agrees tnat ae will provide all the necessary labor, macninery, tools, apparatus, and otner items incidental to construction, and will do all the worK and furnisn all the materials called fur in the contract and specifications in the manner prescrioed tnerein and according to the requirements of the City as tnerein set fortn. It is understood tnat the following quantities of worx 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 oe done at unit prices and material to oe furaisned may oe increased or diminisned as may be considered necessary, in the opinion of the City, to complete the worK fully as planned and contemplated, and tnat all quantities of worK wnetner increased or decreased are to oe pertor,aed at the unit prices set forth below except as provided for in the specifications. It is furtner agreed tnat lump sum prices may be increased to cover additional worK ordered by the City, out not snown on the plans or required by the specifications, in accordance witn the provisions to the General Conditions. Similarly, they may oe decreased to cover deletion of worK so ordered. P - 1 tt is understood and agreed that the wurK is to oe completed in full witnin forty eignt (48) worKing nuurs. Accompanying tnis proposal is a certified or casnier's cnecK or Bid Bond, payaole to the owner, in the amount of five percent of the total uid. It is understood that the uid security accompanying this proposal snail ne returned to the oidder, unless in case of the acceptance of the proposal, the oidder snail fail to execute a contract and file a performance oond and a payment pond witnin fifteen days after its acceptance, in wnicn case the aid security snail oecome the property of the Owner, and snail ue considered as payment for damages due to delay and otner inconveniences suffered oy the Owner on account of sucn failure of the oidder. It is understood tnat the Owner reserves the rignt to reject any and all uids. fne undersigned nereoy proposes and agrees to perform ali worK of wnatever nature required, in strict accordance witn the plans and specifications, for tae following sum or prices, to wit: P - 2 1 ` POD## qSS~ WORK HOURS - 48 BID TABULATION SHEET Item and Description - 27" water line Lump Sum Bid Price to install the valve and lower the line for the cnannel crossing as per the enclosed plans and specifications. 27" Water line lowering = $ ~I~ C~~ •c~~ RocK Clause: 0 CY = $ 30 /CY NOT TO EXCEED $1,000.00 1419g P-3 BID NUMBER 9558 BID SUMMARi TOTAL BID PRICE IN WORDS \ h r v ~E ' Ylv~ 6j~ u~5 0 / ( In the event of the award of a contract to the undersigned, the undersigned will furnisn a performance pond and a payment pond for the full amount of the contract, to secure proper compliance witn 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 laoor performed and materials furnisned in the fulfillment of the contract. It is understood tnat the worK proposed to oe done snail oe accepted, wnen fully completed and finisned in accordance witn the plans and specifications, to the satisfaction of the Engineer. Tne undersigned certifies tnat the oid prices contained in tnis proposal nave peen carefully cnecKed and are suomitted as currect and final. Unit and lump-sum prices as snown fur eacn item listed in tnis proposal, snail control over extensions. c~R~c, i R BY f C). li~" 2b~ Street Address city and state Seal & Autnorization (If a Corporation) P - 4 Telepuone 'PURCHASING DEPARTMENT City of Denton 90T-B Texas St. Denton, Texas 76201 BID INVITATION CITY OF DENTON, TEXAS Date December 9, 1985 BID NUMBER 9558 ADDENDUM #1 Calvert Paving Co. P.O. Box 268 Denton, TX 76201 BID TITLE 27" WATERLINE LOWERING Sealed bid proposals will be received until 2:00 p.m. December 17, 1985 , at the office of the Purchasing Agent, 901-B Texas St., Denton, Texas 76201 For additional information contact JOHN J. MARSHALL, C.P.M. Tom D. SHAW, C.P.M. PURCHASING AGENT ASSIST. PURCHASING AGENT Office 817.566.8311 D/FW Metro 817.267-0042 INSTRUCTIONS TO BIDDERS 1. Sealed bid proposals must be received in duplicate, on this form, prior to opening date and time to be considered. Late proposals will be returned unopened. 2. Bids shall be plainly marked as to the bid number, name of the bid, and bid opening date on the outside of completely sealed envelope, and mailed or delivered to the Purchasing Department, City of Denton, 901-B Texas St., Denton, TX 76201. 3. Any submitted article deviating from the specifications must be Identified and have full descriptive data accompanying same, or It will not be considered. 4. All materials are to be quoted FOB Denton, Texas, delivered to the floor of the warehouse, or as otherwise indicated. 5. The Clty of Denton, Texas reserves the right to accept separate Items in a bid unless this right is denied by the bidder. 6. In case of default after bid acceptance, the City of Denton, Texas may at its option hold the accepted bidder or contractor liable for any and all resultant increased costs as a penalty for such default. 7. The City of Denton reserves the right to reject any and all bids, to waive all informalitles and require that submitted bids remain In force for a sixty (60) day period after opening or until award is made; whichever comes first. 8 The quantities shown maybe approximate and could vary according to the requirements of the City of Denton throughout the contract period. 9. The Items are to be priced each net. (Packaging or shipping quantities 'will be considered.) 10. The Purchasing Department assumes responsibility for the correctness and clarity of this bid, and all information and/or questions pertaining to this bid shall be directed to the City of Denton Purchasing Agent. 11. Any attempt to negotiate or give information on the contents of this bid with the City of Denton or its representatives prior to award shall be Bounds for disqualifications. 12. The conditions and terms of this bid will be considered when evaluating for award. 13. The City of Denton is exempt from all sales and excise taxes. (Article 20.048) BID'NUMBER 9558 BID PROPOSALS Page 2 of 3 ADDENDUM #1 ITEM STOCK NUMBER DESCRIPTION QUAN. PRICE AMOUNT Please change the specifications and materials for this project as follows: 11 27" Gate valves are not standard - use a 24" gate I Ir)IOoo~ Id~~oo.° valve instead t odooO ovc~° 2. Include a 27" to 24" reducer fitting to accomodate this change 3. Include fittings etc necessary to accomodate the L S ' ly,o"O 1~l00~ change. TOTALS I We quote the above f.o.b. Denton, Texas. Shipment can be made in days from receipt of order. Terms net if not 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 constitues a contract. ~na ^ Date Bidder ~x ^-FJ~~ ~9 CC Title Signature by Page 3 of 3 BID #9558 ADDENDUM #1 27" WATERLINE LOWERING ADDENDUM #1 The following is to be used for cutting a 24" gate valve with bypass into the 27" line. The valve is to be located 35' off the center line of Woodrow Lane to the east. Please do not scale the location off the plan sheet. Location is 35' off center line to the east so the manhole will be located about 3' behind the curb of the future 4 lane divided Woodrow Lane. The 24" gate valve is being specified to allow suppliers to provide a standard valve. A closure section will be used with flanged fittings to attach the valve. The 20" line is estimated at about 6 feet deep in Woodrow and the 27" line about 3 to 4 feet deep in the dirt road. The valve is to be installed in a vertical position with a manhole (standard construction) located over it for access. A forty inch ring and cover shall be used in place of the standard. The walls shall have enough slope outward to allow adequate working room for working on the valve bypass gears. The project should be bid as listed above. This will be the last addendum so any other-major items effecting bid prices should be bid at the contractors best estimate. #0363E TTrinity Universal Insurance Co ecurit National Insurance Co. l S Companies Trinity Universal Insurance Co. of Kansas, Inc. Dallas. Texas 75201 TEXAS STATUTORY PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That CALVERT PAVING CORPORATION ereinafter called the Principal) as Principal and SECURITY NATIONAL INSRUANCE COMPANY Dallas, Texas, (Hereinafter called the Surety), as Surety are held and firmly bound untoTHE CITY OF DENTON TEXAS (Hereinafter called the Obligee), in the amount of THIRTY ONE THOUSAND DOLLARS & NO/100-- --------------------------------------------------------------------(Dollars) 31, 000.00******~:*** ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 10th day of January 19 86 to for the 27inch water-line lowering - Bid #9558 Purchase order #71 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, That this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 22 day of January 19 86 S-3562 IPRINCIPA L)~ a vert Paving Corporation By. TTO NEY-IN•FACT A Randall L. Minnis Ramev, King & Minnis TheTrinity Companies Dallas. Texas 75201 LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY, each a Texas Corporation and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a Kansas Corporation do hereby appoint M. G. RAMEY, TERRELL W. KING, III OR RANDALL L. MINNIS - DENTON, TEXAS its true and lowful Attorney(s)-In-Foci, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of o similar character issued in the course of its business, and to bind the respective company thereby, in amounts or penalties not exceeding the sum of ONE MILLION AND N01100 Dollars($ 1,000,000 ) EXCEPT NO AUTHORITY IS GRAN FED FOR. 1. Bid or proposal bonds where esl emoted t'onitact price exceeds the anount sr-ated herein. 2. Open Penalty bonds. 3. Bonds where Attorney(s)-In-Fact; appear as o party at IN WITNESS WHEREOF, TRINITY UNIVERSAL INSURANCE SURANCE COMPANY and TRINITY UNIVERSAL INSURANCE executed and arrested these presents Interest. COMPANY, SECURITY NATIONAL IN- COMPANY OF KANSAS, INC., have each "RESOLVED, That the President, any Vice-President, or any Secretary of each of these Companies be and they are hereby authorized and empowered is make, execute, and deliver in behalf of these Companies unto such person or persons residing within the United S>otes of America, as they may select, its Power of Attorney constituting and appointing each such person its Attorney-in-Fact, with full power and author- ity to make, execute and deliver, for it, in its nome and in its behalf, as surety, any particular bond or undertaking that may be required in the specified territory, under such limitations and restrictions, both as to nature of such bonds or undertaking and as to limits of liability to be undertaken by these Companies, as said Officers may deem proper, the nature of such bonds or undertakings and the limits of liability to which such Powers of Attorney may be restricted, to be in each instance specified in such Power of Attorney. RESOLVED, That any and all Attorneys-in-Fact and Officers ef4he Companies, including Assistant Secre- taries, whether or not the Secretary is absent, be and are hereby authorized and empowered to certify or verify copies of the. By-Lows of these Companies as well as any resolution of the Directors, having to do with the execution of bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, or with fegurd to the powt:rs of .:ny of the officers of these Companies or of Attorneys-in- Fact. RESOLVED, That the signotare of any of the persons descnbed in the foregoing resolution may be fac- simile signatures as fixed of reproauced by any form of typing, printing, stamping or other reproduction of the names of the persons hereinabove aurbonzed." CERTIFICATION OF POWER ATTORNEY I, Juidth E. Fagan, Corp. Secretary of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do hereby certify that the foregoing Resolution of the Boards of Directors of these Corporations, and the Power Attorney issued pursuant thereto, are true and correct and are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each Corporation this 22 day of January 19 86 :CCA0 :a FU aI TH E. FAGAN. CORP. SECRETARY 9-3096 REV. 3-63 That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY, each a Texas Corporation and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a Kansas Corporation, in pursuance of authority granted by that certain resolution adopted by their respective Board of Directors on the Ist day of March, 1976 and of which the following is a Krue, full, and complete copy: TheTrinity • . r. Companies Dallas. Texas 75201 Trinity Universal Insurance Co. Security National Insurance Co. Trinity Universal Insurance Co. of Kansas, Inc. TEXAS STATUTORY PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That Calvert Paving Corporation (Hereinafter called the Principal), as Principal, and Security National Insurance Company Dallas, Texas, (Hereinafter called the Surety) as Surety are held and firmly bound unto The City of Denton, Texas (Hereinafter called the Obligee,) in the amount of Thirty one thousand dollars & no/100---- ------------------------------------------------------------------JDollars) 31,000.00*********** ) for the payment whereof, the said Principal and Surety bind themselves,and their heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 10th day of January 1986 tofor the 27inch water-line lowering, Bid #9558 Purchase order #71714 which contract is hereby referred to and made a part hereof as fully and to the some extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, 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 Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on thisbond shall be determined in accordance with theprovisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 22 day of January 19 86 S-3561 IPRINCIPALI Calvert Paving Corporation By: AT'.R Ey_IN_FACT Nandall L. Znnls Ramev, King& 14innis TheTrinity Q' Companies Dallas. Texas 75201 LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY, each a Texas Corporation and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a Kansas Corporation do hereby appoint M. G. RAMEY, TERRELL W. KING, III OR RANDALL L. MINNIS - DENTON, TEXAS its true and lawful Attorney(s)-in-Foci, with full authority to execute on its behalf fidelity and surety bonds at undertakings and other docurnears of a sia,lor character tssued in the course of its business, and to bind the respective company thereby, in amounts or penalties riot exceeding the sum of ONE MILLION AND N01100 Dollars 1,000,000 ) EXCEPT NO AUTHORITY IS GRANTED FOR. 1. Bid or proposal bonds where estimated contract price exceeds the omuont stared herein. 2. Open Penalty bonds. 3. Bonds where Attorney(s)-in-Fact; appear as u party at interest. IN WITNESS WHEREOF, TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL IN- SURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., have each executed and attested these presents i this1 Sth_ day of 1977. AUTHORITY FOR POWER OF ATTORNEY-) That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY, each a texas Corporation and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a Kansas Corporation, in pursuance of authority granted by that certain resolution adopted by their respective Board of u Directors on the Ist day of Morch, 1976 and of which the following is a true, full, and complete copy. "RESOLVED, That the President, uny Vice-President, or any Secrctoty of each of these Companies be and they are hereby authorized and empowered to make, ex~cate, and deliver in behalf of these Companies unto such person or persom resid:ry within the United Stones of Amen;a, as they may select, its Power of Attorney constituting and appointing each such person its Attorney-tit-Fact, with full power and author- try to make, execute and deliver, for it, it its norm, and in its behalf, as surety, any particular bond or undertaking that may be required to the specified territory, under such limitations and restrictions, both as to nature of such bonds or undertaking and as to limits of Itabih Ty to be undertaken by these Companies, as said Officers may deem proper, the nature of such bonds of undertakings and the limits of liability to which such Powers of Attorney may be restricted, to be ir, each instance specified in such Power of Attorney. RESOLVED, That any and all Attorneys-in-Foci and Officers ef'the Companies, including Assistant $ecre- tortes, whether or not the Secretary is absent, be and are hereby authorized and empowered to certify or verify copies of the By-Laws of these Companies as well as any resolution of the Directors, having to do with the execution of bonds, recogrnzances, contracts of indemnity, and all other writings obligatory in the nature thereof, or with regard to the powers of any of the officers of these Companies or of Attorneys-in- Fact. RESOLVED, That the signature of any of the persons described to the foregoing resolution may be fac- simile signatures as fixed of reproduced by any form of typing, printing, stamping or other reproduction of the names of the persons hereutabove authorized.- CERTIFICATION OF POWER ATTORNEY I, Juidth E. Fagan, Corp. Secretary of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do hereby certify that the foregoing Resolution of the Boards of Directors of these Corporations, and the Power Attorney issued pursuant thereto, are true and correct and are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each Corporation this 22 day of January 19 86 ?:A.„w n~ ~`G`Af t%IUDITH E. FAGAN, CORP. SECRETARY B-3696 REV. 3-02