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2012-113ORDINANCE NO. 2O 12-113 AN ORDINANCE ACCEPTING PROPOSALS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE DENTON BR.ANCH RAIL TRAIL AT LOOP 288 PEDESTRIAN BRIDGE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4868-AWARDED TO MASSANA CONSTRUCTION, INC. IN THE AMOITNT OF $1,718,138.40}. 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 therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER 4868 CONTRACTOR Massana Construction, Inc. AMOUNT $1,718,138.40 SECTION 2. 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, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under Bid 4868 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the �5-- day of , 2012. '. �, � I ,. . ; ..� ,' . �. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY I: i✓ ../. �� •' � � � :.: �� �� � � CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § ``J�l �T THIS AGREEMENT, made and entered into this 15 day of May A.D., 2012, by and between City of Denton of the County of Denton and State of Texas, acting through George C. Cainpbell thereunto duly authorized so to do, hereinafter termed "OWNER," and Massana Construction Inc. 135 Celtic Blvd Tyrone GA 30290 of the City of Tyrone, County of Fayette and State of Georgia, hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and perforined by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with �WNER to coinmence and complete performance of the worlc specified below: Bid 4868-Denton Branch Rail Trail Pedestrian Bridge at Loop 288 in the amount of $1,718,13 8.40 and all extra worlc in connection therewith, under the tenns as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, inachinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state a.nd federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or writteii explanatory matter thereof, and the Specifications therefore, as prepared by: Locicwood Andrews and Newinan, Inc. all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensatio.n, or any other City employee benefit. City shall not have supervision and control of Contractor or any ernployee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold hannless and defend, at its own expense, Owner, its officers, servants and employees, fxom and against any and a11 claims or suits for property loss or damage andlor personal injury, including death, to auy and all persons, of whatsoever kind or chaxacter, whether real or asserted, arising out of the Work and services to be perfoxmed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. C'hoice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. 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 tirne 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 pxices 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. CA-2 Right to Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTR.ACTOR shall retain such books, records, documents and other evidence pertaitvng to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are"completed and resolved. These books, records, docurnents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractars, material suppliers, and other payees to retain all books, records, documents and other evidence perta.ining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made auailable wi�thin a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an. overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a rnaterial breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for ternlination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a fmal printed document. CK:Qe? IN WITNESS WI�REOF, the parties of these presents have executed this agreement in the year and day first above written. TTEST: J - ATTEST: ,./ _ C�1.i75��./ k. / ��.I�i�ni S�G'P.�CL�'L6 A.PPROVED AS TO FORM: BY: . �AN A BURGESS, CI Y O Y CA-4 Ci of Denton OWNE BY: O�- � (SEAL) i�qSSCU�. � St��.t �i,c� I r}C . CONTR.ACTOR 13� C:.e�tr,c, 31 �c� Sfe A �iiv�one GA 3oz� NIAILING ADDRESS i�77o) l03� • Zv�l PHONE NUMBER �77c�) �3� �zoSZ FAX NUNIBER BY: 'C�''1u..-4�r`1 AUTHORIZED SIGNATLTRE �T � �G��i'YY<t,n,��1. �I'���i Ci�.� PRINTED NAME, TITLE oa`'VU:� ` OPP�E �"•,./2� ' Q-: �,e z; G� •� , �':. �,�A �,v 6.�.. jl oo�,: \�` ��, �'' •• ?.....: 'c� . ������'''��,,,.. �.. ...G � ...�°��, O, PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PR.ESENTS: That Massana Construction Inc.'/whose address is 135 Celtic Blvd. Tyrone, GA 3�0 hereinafter• called Principal, and T�rt/tij �.z1y�./�ya��l S��fy l'o�+'�y B��� a corparation organized and existing under the laws of the State of C�- , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly boimd unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of One M� lion Seven Hu ed Eighteen Thousand One Hundred thirty Eight and 40/100_ DOLLARS $1,718,138.40 lplus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance N� ber 2012-113 with the City of Denton, the Owner, dated the 15th day of ay A.D. 2012,�`for Bid #4868-Denton Branch Rail Trail at Loop 288 Pedestrian Bridge� NOW, THEREFORE, if the Principal sha11 well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertalcings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that rnay hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and worlcrnanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. I' : PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, e�rtension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., 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 ar addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. ' This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four cop' s, each one of which shall be deemed an original, this the 15fn day of �, 2�1 �� ATTEST: � �A1� I: 'i�Il�;-.id'-�--- - t � � � ATTEST: BY: PRINCIPAL � q sSanc� C,�n 5� �-1 C=�.c�� I� BY: tY�c�.s—��c'r'� PRESIDENT SURETY %�u,,e.�us �o`'IC/a�/ � J� �. r�� �o�i,c��"/ �-� i� The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: � ��� luf �r�' �l �.�� �c'.�'��c�y/ ����,� v � ��/7Ca. �j �N : �4 r.tit� .�1 �;•� J i STREET ADDRESS: / 3� ���_.�.�� �/�Nl �'/�'� f�,� y� ���r�.r�f�J� ! 1� 7S�b'� (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) I�: � `�' 51��� PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Massana Construction,�'lnc.,whose address is 135 Celtic Blvd. T rone, ,� 30290 hereinafter called Principal, and Tn� v�/ks �'�.saa1 a-���� �� �� ;' a corporation organized and existing under the laws of the State of C' . , and fully authorized to transact business in the State of Texas, as Sureiy, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or unprovements hereinafter referred to, in the penal sum of One Million Sev Hundred Ei teen Thousand One Hundred Thirty Eight and 40/100DOLLARS $1,718,138.40 n lawfiil money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 20�1 ` 113 with the City of Denton, the Owner, dated the 15th day f May A.D. 2012,�for Bid #4868-Denton Branch Rail Trail at Loop 266 Pedestrian Brid¢e� NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and malce prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Worlc provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in fiill force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., 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, or to the Plans, Specifications, Drawings, etc. .� This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WI'INESS WHEREOF, this instnunent is executed in four co s, each one of which shall be deemed an original, this the 15� day of A- U., `, �Ol ATTEST: : �, �` / � i. �� fi ��3 / . .. l ATTEST: BY: C �' : 11� I' : N'GI SS� COn Si�-LIC�r� �►'1�C. BY: �c-�� a.s� � � PRESIDENT SURETY Tl-a, JC �u1' L�✓ u�'�l�y/ v�`-� ✓ � �cP�e� ��*r �.,. � ' c>, BY: �Z�� ° ATTORNEY-IN-FA T The Resident Agent of the Surety in Denton Coun�y, Texas for delivery of notice and service of the process is: NAME : % � � �ca`cs �,J �.L//`���7�-��Lr�c�� �.,u/J� v ��c n �q �N � �� ��reti � � STREET ADDRESS: %��� %d� �// Ns ���� �.��� .�� %.�/1.�,�, �",c� 7s"��' (NOTE.• Date of Payment Bond must be date of Contract corporation, give a person's name.) I' : � If Resident Agent is not a �,�r s1'�`15G' POWER OF ATTORNEY TRAVELERS��� Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company TYavelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. �avelers Casualty and Surety Company of America ✓ St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attomey-In Fact No. 221g36 Certificate No. O O���F � 1��F KNOW ALLMEN BYTHESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are coxparations duly organized under the lagcs of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Suzety Company, and Travelers Casualty and Surety Company of America� corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guazanry Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, consutute and appoint Robert A. Yarbrough t/ of the City of Atlanta , State of (',enraia , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, condidonal undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guazanteeing the fideliry of persons, guaranteeing the performance of contracts and executing or guazanteeing bonds and undertakings required or pernutted in any actions or proceedings allowed by law. IN WITNESS WIIEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 12th day of November 2009 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company TY�avelers Casualty and 5urety Company lravelers Casualty and Surety Company of America United States �delity and Guaranty Company G�SU,� �RE4 �M �NS � NSU�"w ItVANO EVq Y (} �� Jy � � � pt Ra'� oP m N10.. � (�FI3� 'Wo� 02 ��1� 6 �lta 4r .. � �9 ��Ooxppq~�,97 �VJ :............. 'l.�S ti G9 g�� C �l° �^�82�0 � 19%% ����IATFD �: x� �1� ,,,��e,� ��.:�pPPORATf:'�; a HARTFORD� i a[HARTF6R0.� ����tn ���6 : 3 i Q � m �• �n f Ji D� CONN. = t OON�q � 1896FD - �" �, �' 51 a �.�� o• 6 ��SEAL;oI �o6;SSAI�;3 'W�° ., t � 1 0, sp � v...,...... L! o•`.•... a >s e �,....,� �% i� A I I�� y. A � �^��� �� l. S.�.M H� � s..........' a dl A� a � v o,. � State of Connecticut City of Hartford ss. By: Georg T'hompson, nior ice President On this the 12th day of November 2009 before me personally appeued George W. Thompson, who acknowledged himself to be the Senior Vice President of Faimington Casualty Company, Fidelity and Guazanty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporarions by himself as a duly authorized officer. p.TET In Witness Whereof, I hereunto set my hand and official seal. ��A� � Q� �� V My Commission expires the 30th day of June, 2011. A p�"G * Marie C. Tetreault, Notary Public '� �+�i� 58440-4-09 Printed in U.S.A. � 11,0� WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE RED BORDER S`,3,� WARNING: THIS POWER OFATTORNEY IS INVALID This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of D'uectors of Fatmington Casualty Company, Fidelity and Guazanty Insurance Company, Fidelity and Guazanty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Tzavelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United 5tates Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RE50LVED, that the Chau-man, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certif'icate of suthority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Boazd of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Execurive V'ice President, any Senior V'ice President ar any Vice President may delegate all or any part of the foregoing authority to one or more off'icers or employees of this Company, provided that each such delegation is in writing and a copy thereof is fffed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, conhact of indemniry, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking sball be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any V'ice President, any 5econd Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if requued) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following off'icers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant 5ecretary, and the seal of the Company may be affiaced by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for putposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified hy such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guazanty Insurance Company, Fidelity and Guazanry Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United,States Fidelity_and Guazanty Company do hereby certify that the above and foregoing is a lrue and correct copy of the Power of Attomey executed by said Compames, which is in full force and effect and has not been revoked. � _S /� IN TESTIMONY WHEREOF, I have hereunto set my hand and aff'ixed the seals of said Companies this �S� day of /�/[. � , 20 �� C- //7�� `J ' " " ' 1'� � Kori M. 7ohans Assistant Secretary ��.���}}}yyy � GA6U,��A � �fIRE 6 a��M..!wS6y � ��Uq� �J��tY Ary� J AlY�w�14q� �Y�� ��3 '�'b" o � �ORPORATED y' •�`4�'z� � tOaPOrt e�'�i W'nOP �'a � � s- F a. �> i e� PoRATf �m� ° 'g � 1 9 B 2 0 � � " --- ! o� W HnRTFORO, 7 ����, D 1977 � i951 � ;�;sEnr.; o� �' s��� � � ��m y � �, � 'Z o' �.. s.cu$A.L;�D3 � CONN. o �� v�" S�`� � H ,r�1C� c r.........:•a�! e.•.. a >� e! � y, ti d N�n4nIN�£ fS . �.� ,�r...,,... �, yi Fa� 'MT A!N `"^ +.. To verify the authenticity of this Power of Attomey, call 1-800-421-3880 ot contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. OF Client#: 632807 11 MASSACON ACORD�, CERTIFICATE OF LIABILITY INSURANCE DATE(MMID�fYYYY) 05l29l2012 THIS CERTIFICATE IS ISSUE� AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER . - CONTACT . NAME: BB&T-Huffines Russell PHONE 770 664-6818 aC, No ; 888-827-9870 - AIC, No, Ezt : P.O. Box 2190 E-MAIL nooRess: Alpharetta, GA 30023 INSURER(5)AFFOROINGCOVERAGE NAIC# Phone - 770-664-6818 . Travelers Indemnity Company 25658 INSUREO Massana Construction Inc 135 Celtic Boulevard Suite A Tyrone, GA 30290-2724 �` ��p�" y`� � INSURER A . iNSUReR e: Travelers Property Casualty Ins uvsuReRC; Phoenix Insurance Company ,N�„pFR,,. Charter Oak Fire Insurance ComE E: F: G COVERAGES CERTIFICATE NUMBER: REVISION NUMBER; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITIONOF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ��TR TYPE OF IN NCE IIJSR WV POLICY NUMBER MMIDDY� MMIDI�Y� LIMITS A GENERALLIABILITY �)( DTC03450P850 01/01/2012 01/01/201 ACHOCCURRENCE $����Q���� X COMMERCIAL GENERAL LIABILIIY / PREMISES�Ea occur°nce $3OO OOO CLAIMS-MADE � OCCUR�/ MED EXP (Any one person) $ r'J���Q X PD Ded: $2�rJOO PERSONAL & ADV INJURY $ ��OOO,OOO GENER4LAGGREGATE $Z,OOO,OQO GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $Z,OOO�OOO POLICY X JECT LOC $ � AUTOMOBILE LIABILI X DT810345UP850 09/01/2012 01I01(201 Ea aBcldeD SINGLE LIMIT $1 �000�000 X ANY AUTO BODILY INJURY (Per person) $ AlL OWNEO SCHEDULE� BODILY INJURY (Per accident) $ AUTOS AUTOS X HIREDAUTOS X NON-OWNED Pe�a cd ntDAMAGE $ AUTOS $ B �( UMBRELLALIA6 X OCCUR CUP3450P850 1/01/2012 01/01l201 EACHOCCURRENCE $��0�0��0 EXCE55 LIAB CLAIMS-MA�E AGGREGATE 5� O OOO OOO �ED X RETENTION $� OO $ C WORKERSCOMPENSATION DTNUB3450P85D 1/01/2012 01l01I201 WCSTLTU- TH- AN� EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVEY�N E.L.EACHACCIDENT S�,OOO,DOD � OFFICER/MEMBER EXCLUDED7 � N / A / (MandatoryinNH) E.L.DISEASE-EAEMPLOYEE $�,��000� If yes, descrl6e under OESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $� �OOO OOO B Equipment 02QT6603537P248 1/01/2012 01/01I201 $450,000 Leased/Rented B Install Floater 02QT6603537P248 1101l2012 01/011201 $3,000,000 Any One Job B Em lo ee Theft 02QT6603537P248 1/01/2012 01/011201 $500,000/$500 Ded OESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 1�1, Additional Remarks Schedule, if mare space is required) / RE: Bid 4868, Denton Branch Rail Trail Pedestrian Bridge at Loop 288, Denton County Texas ✓ Massana Job: 12-0241 Certificate Holder shown is named as Additional InsurQd as respects io Gene_ ra_ I Liability and Auto Liabi ' as evidenced by the attached endorsements: CG D2 46 08I05; CA T3 53 03l10✓~ CERTfFICATE H CIi of Denton � SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Materials Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 901-B Texas Sireet Denton, TX 762�9 AUTHORIZEO REPRESEN7ATIVE r �/ �` O 98 - T ACORD�ORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S8669057lM7833467 DWH COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET �4DDITIONAL INSURED (C�NTRACTORS) This endorsement modifies insurance provided underthe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED —(Section II) is amended to include any person or organization that you agree in a"written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a} Only with respecf to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the perFormance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an addifional insured with respect to the independent acts or omissions of such person or organization. 2. 7he insurance provided to the additional insured by this endorsement is limited as follows: a) !n the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed fhe limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shafl be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: The preparing, approving, or faifing to prepare or approve, maps, shop draw- ings, opinians, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-compfeted op- erations hazard" uniess the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the addifional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the addiiional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a} The additional insured must give us written notice as soon as practicabfe of an "occur- rence" or an offense which may result in a claim. To the exfent possible, s.uch notice should include: CG D2 46 08 05 O 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" o� offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured m ust: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all fegal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suiY' to � �� �_ N O� Oa O � a� m��� r � o� o� m= any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and executPon of the contract or agreement by you; b. While that part of the contract or agreemenf is in effect; and c. Befare the end of the policy period. Page 2 of 2 O 2005 The St. Paul Travelers Companies, Inc. GG D2 46 08 05 002323 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement, GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the exfent that coverage is excluded or limited by such an endorsement, The following listing is a general cover- age description only, Limifations and exclusions may apply to these coverages, Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INGREASED LI M ITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- E RAG E: Any organizaEion you newiy acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separafely insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier, B. BLANKET ADDITIONAL INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the exfent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in 5ection II. C. EMPLOYEE HIRED AUTO The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: The following is added to Paragraph c, in A.1., An "employee" of yours is an "insured" while Who Is An Insured, of SECTION II — LIABILITY operating an "auto" hired or rented under a contract or agreement in fhat "employee's" COVERAGE; name, with your permission, while perForming Any person or organization who is required under dufies related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 03 10 �O 2010 The Travelers Indemnity Company. P8 j2 1 Of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b, in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a_ contract in that individual "employee's" name, with yaur permission, while perform- ing duties related to the conduct of yaur business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don'f own, hire or borrow in your business or your personal affairs, E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION 11- LIABILITY COVERAGE: (2) Up to $3,ODD for cost of bail bonds {in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds, 2. The following replaces Paragraph A.2.a.(4), of SECTION II — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of iime ofF from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdicfion while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transacEion of business with or within such country or jurisdiction, for Liability C�verage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their house- holds, (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of fhe United States of America, Puerto Rico and Ganada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suiY' and keep us advised of all proceedings and ac- tions. (iij Neither you nor any other involved "insured" will make any settlement without our consent, (iii) We may, af our discretion, participate in defending the "insured" against, or in the settiement of, any claim or "s u it". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limit Of Insurance, of SEC- TION II — LIABIUTY COVERAGE, (v} We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limit Of Insurance, of SECTION II — LIABILITY COVER- AGE, and nof in addition to such limit. Our duty Eo make such payments ends when we have used up the ap- plicable limit of insurance in pay- ments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available Page 2 of 4 �O 2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance Services Office, Inc. with its permission. to the "insured" whether primary, excess contingent or on any other basis, (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTI�N III — PHYSICAL DAMAGE GOVERAGE: No deductible for a covered "auto" wili apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LQSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accidenY', I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces fhe first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE; We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type, COMMERCIAL AUTO J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE C�VERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured"; and (2} In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage, K. AIRBAGS The following is added to Paragraph 6.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own thaf in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Cornpre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated, We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: {a) You (if you are an individual); (b) A partner (if you are a partnership); (c} A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporafion or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". CA T3 53 03 10 O 2010 The Travelers Indemnity Company. Page 3 Of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. '�,�i7uIlUI�:Zi]Id1� LlL�] M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Qf Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accidenf" or "loss" arises out of operafions contemplated by such contract. The waiver applies only to .the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance, How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non-renewal. Page 4 of 4 O 2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance Services Office, Inc. with its permission. CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS �idder's atlention is directed to the insurance requiremenfs below. It is highly recommended that bidders confer �vith their respective insurance carriers or brokers to deter�nine in aclvance of •Bad submzssion the avc�ilcrbiCity of insurance cert fcates and enclorsements as prescribed and provide�l herein. If c�n apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualifiecl from award of the contract. Upon bid award, all insurance requrrements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course o,f'this cvntract. STANDARD PROVISIONS: Wzthout Zimiting any of the other obligations or� liabilities of the Contractor, the Contracto� shall provide and maintain zantil the contracted work has been completed and accepted by the City of Denton, Owner, the minimum znsurance coverage as indicated hereinafter. As soon as practicable after notification of bid awar�d, Contractor shall frle with the Purchasing Department satisfacto�-y certificates of insu�ance, containing the bid number and title of the project. Contj-actor may, upon written request to the Purcha.ring Department, ask for clarification of any insurance requirements at any time; however, Contractors a�e st�ongly advised to make st�ch Yequests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a tivritten exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signecl by the City ofDenton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the followang general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contf-act, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A- VII or better. • Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer sha11 reduce or eluninate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payrnent of losses and related investigations, claim aclministration and defense expenses. • Liabiliiy policies shall be endorsed to provide the following: • Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. C��'� That such insurance is prirnary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Cancellation: The City requires 30 day written notice should any of the polzczes clescrihed on the certificaie be cancellecl or materially changed before the eacpiration clate. Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three.years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate lunit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractar shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. CI - 10 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:� All insurance polzcies proposed or obtained in satisfaction of this Contract shall adrlitionally corrcply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the �lur�ation of the Contract, or Conger, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,040,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCL� exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, ar all owned, hired and non-owned autos. CI - 11 [X] Workers' Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a$500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its ofFicials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction proj ects, the Contractar shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [] Owner's and Contractor's Protective Liability Insurance The Contractor sha11 obtain, pay for and rnaintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury whi�h may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. CI - 12 [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this covera,ge should be written on a"blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. CI - 13 ATTACHMENT 1 [X] Workers' Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginnuig of the work on the project until the contractor's/person's work on the proj ect has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independenf contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governrnental entity priar to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor sha11 obtain from each person providing services on a project, and provide to the governmental entity: CI - 14 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on th� current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the proj ect and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the proj ect. H. The contractor shall post on each proj ect site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the proj ect that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a proj ect, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) certificate of coverage, prior to the other person begiru�ing work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; CI - 15 S) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the proj ect; and 7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By si�ning this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subj ect the contractor to administrative penalties, crirninal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. CI - 16 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other erson doin business with local overnmental entit This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not . later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed, See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. 2 � Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7`h business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. Name of O�cer This section, (item 3 including subparts A, B, C& D), must be completed for each o�cer with whom the filer has an employment or other business relationship as defined by 5ection 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? � Yes 0 No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 0 Yes 0 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local go�ernment o�cer serves as an officer or director, or holds an ownership of 10 percent or more? 0 Yes 0 No D. �escribe each affiliation or business relationship. 4 Signature of person doing business with the governmental entity Date Adopted 06129/2007 CIO-1 SECTiQN OOQ05Q PROPOSAL AA�D Uf�1T' Pf�10E �iD FOf�M DEhIT�IV BRANGH RAIL TRAiL �EDESTR(AN BRIDGE AT L��P 288 BID NUNIBER 4868 CITY OF DENTON, TEXAS {THIS B(D FORM MUST NOT BE REMOVED FROM THE CONTRACT DOCUMENTS) - Date: December 27, 2011 T�: CITY 4F DENT�N Purchasing Department � . 901-B Texas Street Denton, Texas 76209 Pursuant to the foregoing "Notice to Bidders" the undersigned bidder, having thoraughiy examined the Contract Documenfs, the site(s) of the project and understanding the amount of work to be done and the prevailing conditions, hereby proposes to fully complete all of, the work and requirements (including furnishing all necessary superintendence, labor, machinery, equipment, tools and materials), as provided in the Plans, .Specifications and Contract Documents and binds himself, upon acceptance of this proposal, to execute a contract and bonds, and to furnish all required guarantees (according to the accompanying forms) and to complete the work within the required �ime and for the following prices to-wit: BASE BID ITEM EST. UNIT TOTAL UNIT DESCRIPTIbN I UNIT PRICE IN WORQS �p. Q-�y, PRICE PRfCE 1 1 LS MOBILIZATION (TXDOT ITEM 500), including demobilization and final�clean-up, complete in place for the sum of: Qrds�^_ � ��y � „�� J �-'�-^+'T �l ;�� �— �Tii a �J�o� � �� _wA- � 5 {$ �Zf°�' pD � A ), Per lump sum $i�`�of�C�� 1 Z�9'�'aa Denton Branch Rail Trail Pedestrian Bridge at Loop 288 CONSTRUCTION �ECEMBER 27, 2011 AVO 27107 ITEM EST. UNfT TOl'AL UNlT DESCRIPTfON / UNfi PRICE IN VIfORDS Np, q-ry, PRICE PRICE 2 1 LS PREPARING RIGHT OF WAY (TXDOT (TEM 100-2D02), complete in place for ihe sum of; a' r..�,�r-' � E 1(�• �-iT i(�� v s/�� �A � 17����rL.S - (� 2�G' � �+ �)� Per lump sum $Z�ioa �~ 2�ra 3 585 5Y 5 IN. REINF, CONCRETE SIDEWALK PAVING (TXDOT ITEM 360), complete in place for the sum of: � �'�11 (L � `7 1� o �.1�. �'�rTL� ($ 3 p }, per square yard $�� � I�-5 So � 4 0.9 AC HYDROMULCH (TXDOT 1TEM 164), complete in piace for the sum of: ONy `�Na�SA,.,p �. �..�-iz 5 �� � �Q O o � ), per acre $ � �d � $ 9 Ea0 � 5 26.2 GAL VEGETATIVE WATERING (PER 1000 GAL) (TXDOT. ITEM 168), complete in place for the sum of; Si�l �'� i� i?J�` �o l.`. jZ� (� � � � )� Per gal � $ I��`� ��� d Denton Branch Rail Trail Pedestrian 6ridge at Loop 288 CONSTRUCTION DECEMBER 27, 2011 AVO 271 D7 ITEM EST. UNIT TQTAL UNiT DESCRIPTION / UNIT PRICE IN WORDS Np_ QTy, PRICE PRICE 6 1 LS TRAIL CONNECTIONS AND ADJUSTMENTS, complete in piace for the sum of; � O'-� i� `�� c.�S /� r� Q J O l_L-fY-�'L``-� ($ ��o o � ), per lump sum �'�`�a�� `� °Up ~ 7 196 LF 36" DIA. DRf LLED SHAFT (TXDOT ITEM 416-2004), complete in place for the sum of: � J`4�.frJ r� R� � �1`.�rf'T ti . %� �.-�.d-�-l�-S. . ($ 1�—t� ), per linear foot � I�� $333Z� 8 404 LF 48" D1A. DRILLED SHAFT (TXDOT 1TEM 416-200fi), complete in place for the sum of: �t,�� }-l��A�� �,,�._�.,4-;�� ($ -3 �?o � ), per linear foot �3� r � � � ���° 9 9.6 CY CLASS `C' CONCRETE (ABUTMENT}(TXDOT ITEM 420- - 2003), complete in place for the sum of: � � yJ c �.� ;al i71Zi'� �o��� �A-Z.� {$ �'1 �� � }, per cubic yard $ 9 a" � � ��O �enton Branch Rail Trail Pedestrian Bridge at Loop 288 GONSTRUCTION , DECEMBER 27, 2011 AVO 27107 w ITEM EST. UNIT T�TAL UNIT DESCRIPTIbN 1 UNIi PRIGE IN WORDS 1V0. QTY. PRICE PR[CE �0 187 CY CLASS'C' CONCRETE (B�NT)(TXDOT ITEM 420-2004), complete in place for the sum of: L � � ►-t� ���,� o n-�o �a"� �� � ($ �p�� � ), per cubic yard $�_ ���� 11 2.2 CY CLASS'C' CQNCRETE FOOTING (STAIRS)(TXDOT ITEM 420-2013), complete in place for the sum of: ! 11��-..)T`.'( 1 �i1Z-�' � ��r%fJz.�(� �1..4�2.-� (� ��� � � ), per cubic yard � 2� ���y $ ���'� 12 5,4 CY CI..ASS 'C' CONCRETE SHEAR KEYS (TXDOT ITEM 420-2220), complete in place far fhe sum of: �N ( �'► � �•. % �� �r�r--CJ� �a�--�—+4-1� (� 13��� j,percubicyard $ �3��� �� 13 7692 SF CLASS `S` 8" REINFORCED CONCRETE BRIDGE SLAB (TXDOT ITEM 422-2001), complete in pla�e for the sum of: �v-� 'ErrT "j � � ►aJ ;� �p c,_ �-fk-7�-� ($ Z� r ), per square foot $ Z� J Z.Z Qenton Branch Rail Trail Pedestrian Bridge af Loop 288 CONSTRUCTION DECEMBER 27, 2Q11 AVO 27107 __ . _.__ ___ ITEM EST. UNIT TOiAL U[�IT DESCRIPTIDN ! UNIT PRICE IN VVORdS pRICE PRICE N L1. QTY. 14 7787 SF RETAINING WALL (MECHANICALLY STABILIZED EARTH) (TXDOT ITEM 423-2001), comp(ete in place for the sum of: �,:� f'�Lr-r r`7 1� 0 �-�� `�'�� ($ L� � ), per square foot $ Z-� � ����Q 15 1277 LF PRESTRESSED CONCRETE GIRDER (TYPE 1V) .78 (TXDOT ITEM 425-2004), complete in place for the sum of: �l�3� ciN'YJ f�A �'� F'� `f � C.t--/�-n-- {$ ��Q � ), per linear foot $ I Sv ^ (�� ��` 96 882 SY CONCRETE SURFACE TREATMENT {CLASS I) (TXD�T ITEM 428-20D1), complete in place for the sum of: �v� � +J .o ��1-�'�—S �� `-� � ) per square yard $ `°� � �� �'�' � 17 1 LS BOW STRING TRUSS (TXDOT ITEM 441), complete fabrication, shipping, erection and installation in place for the sum of: � w� �' �y,.rO ie,L� � C�, ri�' ���1�'� �Q `� J�--z- S (� ��Q�C�p r }, per lump sum ���ooQt�s p� Denton Branch Rail Trail Pedestrlan Bridge at Loop 288 CONSTRUCTION DECEMBER 27, 2011 AVO 271 �7 m ITEM EST, � [1NIT TQTAL UNIT DESCRIPTION ! UNIT PRICE iN WORDS p���E PRIGE N 0. QTY. 18 1 LS STEEL STRUCTURES — STAIRWAY 1(TXDOT ITEM 441), complete fabrication, shipping, erection and installation in place for the sum of: , � 1 4� %'-_�=.1'� '� 1�! "� 1 �`ti ��: J iSc: =+J ������� t�"Z�o �� V ), per lump sum $Z.'So�o ZS�Qp 19 1 LS STEEL STRUCTURES — STAIRWAY 2(TXDOT ITEM 441), complete fabrication, shipping, erection and installation in place for the sum of; � yJ��T�t Hi.r� ��i-����� � o �. �- �- r�-� . ($ 'LS`� �� � ) per lump sum g 25c�o O ZS�e�G � 20 72 LF SEALED EXPANSION JOINT- 4" SEJ-/A (TXDOT ITEM 454-2001), compfete in place for the sum of: ��, �'� �1 i� A(��? �O 1 � r .� � �� l � � � ), per linear foot � ( `� ° � o �� 2� 840 LB• STEEL EXPANSION JOINT COVER PLATE- 3/8"X �2" (TXDOT ITEM 442-2028), complete in place for the sum of: t"1�►E i���►'arR-� t� � ), per pound � � �'Z-c�° � Denton Branch Rail Trail Pedestrian Bridge at Loop 288 CONSTRUCTI�N DECENIBER 27, 2011 AVO 27107 1TEM ESi. ��1T pE$CRIPTION I UNfT PRICE IN WORDS N0. QTY. . 22 2190 LF GONGRETE BRIDGE RAILTYPET22'1(MOD) (TxDOT I7EM 450-2080), cQmplete in piace for the sum of: � �. �-,-., 1��� ► _�;Z.� . -- �y '� �. � ), per linear foot 2'3 21i0 LF PEDESTRIAN RAILiYPE PR1(MOD) {TXDOT ITEM . 450-2025}, complete in place for fhe sum �f: �j ; x, � y �.s ��►'�-I�S UNIT PR10E ��� 70TAL PR10E � v5 Sc� �� [e�� � ), per linear foot $ � � 24' 6 LS� WARNING SIGhS, TRAFFIC CONTROL,'TENIPORARY �'� � 51GNS (TXDOT ITEM 502), complete in place for ihe sum of: --�'�-{ lit-+ `°i �� X I H�avsc�l"� �� — , , � �c�����-� ��.'� � �� � ), per lump sum 25 299 LF SILT FENCE (TXDO717EM 506), complete in place for fhe sum of: � ►., � � a �..�...A- s .. ._. . .., . �3Vaaa I I � I($ j' ), per linear foot l� �^ 1� �9 � Der�ion Branch iiail Trail Padestrian Bridge ai Loop 288 C�t�STRUC710N DECEMBER27, 2011 AVO 27107 v"� �- � ITEM EST, UN(T TOTAt UNIT DESCRIPTION I UNIT PRICE 1N WORDS NO. QTY. PRIGE PRICE 26 9237 LF 1" CONDUIT (PVC) (SCHD 40) (TXDOT ITEM 618- 20�2),complefe in place for the sum of: �!�'r'� �" 1 � C ��JG `�, L� Z� .� r ••� ($ � � ), per linear foot $ 2- � 3a� � Tatal Cost (Base Bid ltems 1-26) Tatal Contractor Base Bid Price in WrifEng BID ALTERRlATE h1UMBER 'i 4 � ,�.�,�-l�` ���. ��� mi��.er� ��J,,� f1��Jfl(1-C-� $�I �i H?£�Cl`3 TH �Fi-�!� 01�i- li ✓rV f] �z� l� 'fifi �(�T `1 E �� �-��' �c-t+�� A-� �� o 1TEM EST. UNIT 70TAL UNIT DESCRIPTION / UNIT PRICE Ih1 WORDS NQ. QTY. � PRICE PRICE 1 1 LS APPROACH WALKWAYAND BRIDGE LIGHT POLES AND FIXTURES (TXDOT ITEM 600), complete equipment, shipping and installation in place for the sum of: 1^,� jL-T �r �! �M o�/S l� r.)� Pa (�L � ,_ �: � ($ aJ.��Ocz � ), perlumpsum $�J4?o�o' �SOo Total Gost (Bid Afternate Number 9, ttems 9) � d..- �S��a Total Contractor Bid Aiternafie Number 1 Price in VUriting Denton Branch Rail Trafl Pedestrian Bridge at Loop 288 CONSTRUCTIQN �ECEMBER 27, 2011 AVO 27107 � � �e�T�'� F- iv� ����5�'4-wo �,c��.A-R..� I�IT���7��_��►!l�J►�iI 3�1:i►� ITEM EST. UNIT TOTAL UNIT DESCRIPTION / UNIT PRICE tN WORDS ►�p, qTy, PRICE PRICE 1 � LS SUSPENSION TRUSS (TXDOT 1TEM 441), complete fabrication, shipping, erection and installation in place for ihe sum of: . ��. J�R� i� F^�^i�1'�• �'W.?�S�4�D 1`� �- f� � (� 3i-1 �� o a� ), per lump sum $-�'`�Q�� '-�`� QQ� Totai Cost (Bid Alternate Number 2, Iterns �1) Total ConEracfar Bid Alternate Number 2 Price in Writing w ����o� � �i l�-E.� +-1.r�Arz.�.t� �= o R-�` y �`NtS�sF�-+� 17 � c�.c__�iL� The undersigned Bidder hereby declares that he has visited ihe siie(s) of work and has carefufly examined the Contract Documents pertaining to the work cavered by this bid. The Bidder further agrees to execute and file with the City a contract and bonds on the forms provided within ten (10) days after receipt of wri�ten notification af award of the contract and to begin the work to be perFormed under fhe contract within ten (10) days after receipt of writien authorization to begin fhe work (Work Order), and to complete one hundred percent (100%) of the work within 14�7 Working Days after the effective starting date for the Project as specified in the "Work Order". Enciosed with this proposaf is a Proposal Bond in the amount of five (5%) percent of the total bid, which it is agreed shall be collected and retained by fhe City as liquidated damages (for delay and additional work caused thereby) in the event that fhis Proposal is accepted by the City within ninety (90) days after the bids are received and the undersigned fails to execUte the contrac� and required bands for the City within ten (94) days after the Proposal is accepted and the Contract awarded by the City. otherwise, said band shall be returned to the undersigned upon request. Dentbn Branch Rail Trail Pedestrlan Bridge at Loop 2S8 CONSTRUCTION DECEMBER 27, 2011 AVO 27107 Signed: �� �� '�1 Name: �a.� � �'�.a, s �r,0.�.,� (Please type or print) Company: Ma,ss�•��, Cor.��sr.,�:o� T�.t Address: �3 a C.� 1,�= � �1-� � r�.�e. C� p� 3� Z qQ `, �,���G��.eSTR(j�;T/y . '��P' G�p,PORATE �OZ': �'� —/� .�;� ���: SE.P,L :. (If Telephone: i-�,�y '3`�� � L �� °1�� ��Z z�� ► Fax: �Zo � 3 �. 2� � Z E-mail Address: S�as t� e �1`�as:��.-h� �..7rts�r••`�-:� , L��•,� Federaf lD Number: ZZ. - 3��`�Zy,9 The undersigned bidder acknowledges receipt of the following Addenda: (if none is received, then write N�NE across the blanks.) Addendum No. 1 Date Recei�ed: 1�`� -�Z- By: ���'�� ���--� Addendum No. 2 Dafe Received: t- Z.3—�z- By; �b-�-� ti� ' Addendum No. 3 Date Received: Denton Branch Rail Trail Pedesirian Bridge at Loop 288 CONSTRUCTION DECEMBER 27, 2D11 AVO 279 07 6y: