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2017-189 %(+$1$%$1$-"$%.1, 2017189 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecordsAct Other %(+$Ș2ș#§º«(´¯º¯§²¹ ChangeOrderNumber3isattached12/13/17JR ChangeOrderNumber4ɋOrdinanceNo.1882206/05/18JR ChangeOrderNumber6ɋOrdinanceNo.1958403/26/19JR ChangeOrderNumber7ɋOrdinanceNo.19139006/26/19JR ORDINANCE NO. 2� 17-1 g9 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE MAYHILL ROAD WIDENING AND IMPROVEMENTS PROJECT FOR THE CITY OF DENTON WITH GEOGRAPHICAL LIMITS FROM US 380/UNIVERSITY DRIVE SOUTH TO 500' NORTH OF EDWARDS ROAD; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (IFB 6389C-AWARDED TO ZACHRY CONSTRUCTION CORPORATION IN THE NOT-TO-EXCEED AMOUNT OF $35,877,414.52.) 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 proposal, 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 Invitation", "Bid Proposal" 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: l�^ � 1�1,PN1��1mmT�., 6389 C �"C ��Gm��"I� � �'" 1� C�1� Zachry Construction Corporation AMOUNT $35,877,414.52 (the "Proposal") 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. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposal, and documents relating thereto specifying the terms, conditions, plans, and specifications, standards, quantities, and specified sums contained therein. ��,�_I_��i;�! �. 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 IFB 6389 C to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. Upon acceptance and approval of the above competitive bid, and the execution of the contract 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, That this ordinance shall becorne effective immediately upon its passage and ......... approval. PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY � BY; � ,�a �,� APPROVED AS TO LEGAL FORM: AARON LEAL,INTERIM CITY ATTORNEY , � ��m._ BY�� "I��'�� „�� . �'Q � �� "�� .�. � � � �� . , � �, �.. w � .�� ... _�..... 017. DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C �a ; , -. �__ r =- � - aaaaaa,— � � Docusign City Counci) Transmitta) Coversheet IFg 6389C File Name Mayhill Road Widening & Improvements Purchasing Contact Karen smith City Council Target Date 6/Zo/1� Contract Value $35,s��,414.52 Piggy Back Option N�A Contract Expiration "�A Ordinance Zov-1s9, 6/2�/1� DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND ZACHRY CONSTRUCTION CORPORATION (IFB 6389) STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this date �une 2�, 2ov by and between Citv of Denton of the County of Denton and State of Texas, acting through Todd Hileman thereunto duly authorized so to do, hereinafter termed "OWNER," and Zachrv Construction Cor�oration, 2330 N Loo� 1604 W, San Antonio, TX 78248-4512 of the City of San Antonio, County of Bexar, and State of Texas, hereinafter termed "CONTRACTOR." WTTNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: IFB #6389 — MAYHILL ROAD WIDENING & IMPROVEMENTS in the amount of Thirtv-five Million Ei�ht Hundred Seventv-seven Thousand, Four Hundred Fourteen and 52/100 Dollars ($35,877,414.52) 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 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 the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: Freese & Nichols all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. INDEPENDENT STATUS/NO JOINT VENTURE 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 lea�e benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached Contract 6389 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Further, nothing in this Agreement shall be construed or interpreted to make OWNER and CONTRACTOR partners or joint venturers, or to make one an agent or representative of the other. INDEMNIFICATION CONTRACTOR COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, OWNER, ITS OFFICERS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF THE WORK AND SERVICES TO BE PERFORMED 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, OR 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 THE 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. CHOICE 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 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. 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 CONTRACTOR shall retain such books, records, Contract 6389 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C documents and other evidence pertaining 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, documents and other evidence shall be available within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within 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 material breach of this contract and shall constitute, in the OWNER' S sole discretion, grounds for termination 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 final printed document. PAYMENT AND PERFORMANCE BONDS Contractor will be required to furnish original performance and payment bonds for one hundred (100%) percent of the total submission price before work is to commence. The Contractor shall assume all costs in increasing the bond limits if change orders are formally approved. Bonds shall be in accordance with the V.T.C.A Government Code Section 2253.021, as amended, from a surety licensed to do business in the State of Texas. Bond forms are attached and shall be returned upon notice of contract award by the City. Bonds should be forwarded to the City of Denton within fourteen (14) calendar days from contract award. This contract is not fully executed until payment and performance bonds are received and accepted by the City. Upon approval, a purchase order will be issued. LIQUIDATED DAMAGES The time of the completion of construction of the project is of the essence of the contract. Should the Contractor neglect, refuse, or fail to complete the construction within the time agreed upon, after giving effect to extensions of time, if any, herein provided, then, in that event and in view of the difficulty of estimating with exactness damages caused by such delay, OWNER shall have the right to deduct from and retain out of such money which may be then due or which may become due and payable to the Contractor the sum of FIVE HLTNDRED and no/100 DOLLARS ($500.00) per day for each and every day, including weekends, that such construction is delayed on its completion beyond the specified time, as liquidated damages and not as a penalty. If the amount due and to become due from OWNER to the Contractor is insufficient to pay in full any such liquidated damages, the Contractor shall pay to OWNER the amount necessary to effect such payment in full. Provided, however, that OWNER shall promptly notify the Contractor in writing of the manner in which the amount is retained, deducted, or claimed as liquidated damages was computed. For computation of extensions of time, the Contractor shall provide OWNER written Contract 6389 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C notice of each day construction is delayed or prevented, and the reason therefore. FORCE MAJEURE OWNER and CONTRACTOR shall not be in default or otherwise liable for any delay in, or failure of, performance under this Agreement if such delay or failure arises by any reason beyond its reasonable control, including any act of God, any acts of the common enemy or terrorism, the elements, earthquakes, floods, fires, epidemics, or riots. However, neither the lack of funds, nor the lack of reasonably planning shall be deemed to be a reason beyond a party's reasonable control. The Parties will promptly inform and consult with each other as to any of the above causes, which in their judgment may or could be the cause of a delay in the performance of this Agreement, and each party shall use commercially reasonable best efforts to limit delays on its part. CONSTRUCTION ACCEPTANCE Following initial construction, OWNER shall provide a written "Final Punch List" to CONTRACTOR. CONTRACTOR shall acknowledge receipt of the Final Punch List and notify OWNER, within five (5) business days, of any requirements CONTRACTOR deems inconsistent with OWNER's Standard Specifications. OWNER and CONTRACTOR shall strive to agree on items to be included in the Final Punch List and any corrections shall be made at that time. When the Final Punch List is complete for the entire project, a letter of acceptance will be issued by OWNER. No deviations will be allowed unless approved in writing by OWNER. SEVERABILITY If any term or provision of this Agreement is held by a court to be illegal, invalid, or unenforceable, the legality, validity, or enforcement of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each illegal, invalid, or unenforceable term or provision there shall be added automatically to this Agreement a legal, valid, or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid, or unenforceable. ASSIGNABILITY OWNER and CONTRACTOR agree that this Agreement may not be assigned without the prior written consent of the other party due to the special covenants, nature, and subject matter of this Agreement. NO WAIVER The failure of OWNER or CONTRACTOR to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the Parties. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Contract 6389 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C EXHIBITS All Exhibits to this Agreement are incorporated herewith by reference for all purposes, wherever reference is made to the same. NO THIRD-PARTY BENEFICIARIES This Agreement is not intended to, and does not create rights, remedies, or benefits of any character whatsoever in favor of any persons, corporations, associations, or entities other than the Parties hereto and their permitted successors-in-interest; and the obligations herein undertaken and assumed are solely for the use and benefit of the Parties, their permitted successors-in-interest, and any permitted assigns pursuant to the terms and provisions of this Agreement. PARAGRAPH HEADINGS AND CONSTRUCTION OF AGREEMENT The descriptive headings of this various articles and sections of this Agreement have been inserted for the convenience of reference only, and are to be afforded no significance in the interpretation or construction of this Agreement, which shall not be construed either more or less strongly against or for either Party. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. OWNER CITY OF DENTON DocuSigned 6y: BY: �� i�,t,w�cun, �`�I1��IAN CITY MANAGER CONTRACTOR ZACHRY CONSTRUCTION CORP. DocuSigned by: BY: � Q�iaSSi A �I� AGENT 7ean Abiassi NAME President & COO TITLE Contract 6389 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C 210 871 3232 PHONE NUMBER 7ean.Abiassi@Zachrycorp.com EMAIL ADDRESS ATTEST: JENNIFER WALTERS, CITY SECRETARY —DocuSigned by: ,�un,�,iFt,V' �1a.�e,t�S —05BFAFC1821946D... APPROVED AS TO LEGAL FORM: AARON LEAL, INTERIM CITY ATTORNEY DocuSigned 6y: � , rY, � �. % �3 /�:, i�„i 5972538AC4584B9... Contract 6389 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C Certif'icate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be repuired to furnish an ori�inal notarized Certif'icate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: l. Log onto the State Ethics Commission Website at : l�tt�s://www.ethies.state.tx.us/wl�atsnew/elf info forml295.1�tm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Sign and notarize the Form 1295 6. Email the notarized form to purel�asin� ,eitvofdenton.eom with the contract number in the subject line. (EX: Contract 1234 — Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission's website within seven business days. Contract 6389 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C INSURANCE REQUIREMENTS AND WORKERS' COMPENSENTATION REQUIREMENTS Upon contract execution, all insurance requirements shall become contractual obligations, which the successful contractor shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Contractor shall file with the Purchasing Department satisfactory certificates of insurance including any applicable addendum or endorsements, containing the contract number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City ofDenton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughoui the duration of the Contract, 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 or better. Any deductibles or self-insured retentions shall be declared in the proposaL If requested by the City, the insurer shall reduce or eliminate 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 payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: Name as Additional Insured the City of Denton, its Officials, Agents, Employees and volunteers. ■ That such insurance is primary 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: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. 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. Contract 6389 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor 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. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X] A. Generai Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 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 (XCU) 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 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 Contract 6389 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned hired and non-owned autos. [X] Workers' Compensation Insurance Contractor shall purchase and maintain Workers' 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 projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 ofthe Texas Labor Code and rule 28TAC 110.110 ofthe Texas Workers' Compensation Commission (TWCC). [] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain 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 which 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 $500,000.00 combined bodily injury and property damage per occurrence with a$1,000,000.00 aggregate. [] Fire Damage Legai Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professionai Liability Insurance Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Buiiders' 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. Contract 6389 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C 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 beginning of the work on the project until the contractor's/person's work on the project 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, independent 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 governmental entity prior 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 shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the project, so Contract 6389 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C 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 the 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 project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. L The contractor shall contractually require each person with whom it contracts to provide services on aproject, to: l. 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. a certificate of coverage, prior to the other person beginning work on the proj ect; 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; 5. retain all required certificates of coverage on file for the duration of the project and Contract 6389 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C 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. By signing 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 subject the contractor to administrative penalties, criminal 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. Contract 6389 �', DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C Exhibit 1- Rer►ised Addendum 3 IFB 6389 - Pricing 5heet for Mayhill Road Widening and Improvements i. Respondent's Name: ZAC�RY CONSTRiICTION CORPORATION ii Piincipal Place of Business (City and State): SAN AIVTONIO, TGXAS iri. Respondent is a Crnporation, Partnership, Sole Proprietarship, or [ndi�idual? CORPORATION 'Fotal calendar days after Notice to Proceed is issued by Ciry oE Denton for i�. su6stantaal com lekion of Base Bid (Ma�cimum of 944): 900 Total calendar days after Notice to Proceed is issued by City aE Denton for v. project start: 30 BASE BID UNTT I - STREET IMPROVEMENTS ESTIMATED ITEM SPEC. I�O. DESCRIPTION QUANTITY UNTT UNIT PRICE AMOi1NT i-1 I-1 PROIECT SIGNS 4 EA $ 1,361.L8 $ 5,444.72 I-2 TXDOT 500 MOBII.IZATION & DEMOBILIZATION 1 LS Z� ��, y,3�,yp y��go� 5/3l, OU � 3 COD NCTCOG AM [�GHT OP WAY PREPARATIOI�' 224 STA y rjp0 E'I`EM2033 l / � ��d D��• O� � 1-4 NCTCOG 801 BARRICADES, SIGNS, AND 1'R.4F'PIC IIANDLING 30 MO $ 13,94D.99 $ 415,229.7D 1-5 TxDOT 6001 PORTASLE CI{ANGEAflLE MESSAGE SIGIVS 12 EA S 14,072.50 $ 168,870.00 1-5 iXDOF 105 REMOVE ASPHAI,T PAVEIV�.I�l7' 49,367 SY $ 4.Op $ 197,4b8.0(i I-7 T�OT 104 REMOVE CONCRETE PAVEIvI£NT & M15C. CONCIi�`I'E 6,568 SY $ 9.21 $ 60,44i.28 i-8 NCTCOG 203 UNCI.ASSIFFIF:D EXCAVATION 79,340 CY $ 2.47 $ 235,fi39.80 IA NCTCOG 203 EMHANTCMENT 165,410 CY $ 3.48 $ 575,626.80 I-10 NCTCOG 301.2 L�v[E TREAi'6D SUBGRADE {fi") 146,946 SY $ 3.69 $ 542,230.74 i l l AICTCOG 3012 LIME (1iYDRATED L[ME} (SLi7R[tY) 3,233 TON $ 138.00 $ 446,154.U6 412 NL'I'COG 301.5 S" Fi.EXIBLE BASE 9,557 SY $ 4.00 $ 18,226.00 I-13 NCfCOG 302 HMAC TYPE D(PG6422) 18,520 TON $ 67.06 $ i,240.840.00 1-14 NGTCOG 302 IIMAC'I"YPE B(PG64-22) 1,727 TON $ 90.p0 $ L55,43Q.00 I-15 NCTCOG 302 FEMAC 7'YPE B(ASPHAi.T D321VEWAY) (PG64-22) 1,548 TON $ 116.74 $ LSQ651.b0 I 16 TXDOT 360 CONTINUOUSLY REINFORCED CONCRETE PAVEMENT 139,341 SX (l2") $ 4$.9b $ 6,824,583.36 [-17 NCTCOG 301.5 6" GRAVELDRIVEWAYS 1,200 SY $ 33.89 $ 40,668.00 I-l8 T�f]]OT 528 MEDIAN APRON (COLOItED TEXTLJRED CONCRET'E) 8,552 sY $ 67.39 $ 576,319.28 i-19 NCTCOG 303 CONCRE7E CUi2B {M6Id0[.ITHiC) 82,505 LF . $ 1.40 $ ] 15.507.00 42A NCTCOG 305.1 CONCRETE CUttB AND Gi1TTEit 1,683 LF $ 2437 $ 26,342.71 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C I-21 NCTCOG 305.2 CONCRETE DRIVEWAYS 7,39 [ SY $ 40.66 $ 30Q,S18.Ob C-22 NCTCOG 305.2 REINFORCED CONCRE7'E SmEWALK {4") 10,833 SY � 38.32 $ 4 L5,12055 1-23 A1CiCOG 305.2 ftEINFORC`ED CONCRE7'E SIDEWAL.K (5"} 22, L60 SY $ 54.Op $ 1,196,640.00 1-24 NCI'COG 305.2 CURB RAMP (TY t) (SHARF.D I.AN➢�IG) (Ai.L W[DTHS) 18 EA $ I,016.31 $ 18,243.58 i-ZS NCI'COG 305.2 CURS RAMP (TY L) 26 EA 5 [,387.95 $ 36,066.70 I-26 NCTCOG 395.2 CLJRB RAMP (TY 1) (10' WAJTH) 8 EA $ 1,70(i.00 $ 13,600.D0 I-27 NCTCOG 305.2 CURB RAMP (TY 7} 12 EA � 1,345.49 $ 16,E45.88 b28 NCTCOG 305.2 CURB RAMP (TY 7) (10' WIDTH) 6b EA $ 1,199.16 $ 79,[44.56 I-29 TXDOS 677 ��IM�ATE EXISTING PAVEN�NT MARKINGS (AI.L 3.� � WID"THS) $ 1.00 $ 3.000.00 I3p TXDOT fi66 PAVEME[dT' MARKFRS & MARKINGS (TY I) (Y} (4") 1� � (B�) $ 6.9Q $ 95.40 I31 TXDOT 666 PAVEMEPI'T MARKERS & NIAItKIIVGS (TY I) (Y) (A") 3,225 LF (S�) $ 0.90 $ 2,902.50 I-32 TXpOT 666 pAVEMENT MARKERS & MARKINGS (TY I) (4V) (4") 34,666 LF (BRK)(IO') $ D.25 $ 8,667.00 I-33 FXDOT 666 PAVEMENT MARKERS 8r. MARKINGS (TY I) (W) (4") 1 LQ I.F �HRK) �T? $ 0.96 $ 99.00 I34 TXDOT 656 PAVEMENT MARICERS & MARKINGS (T"Y I; (W) (6") � 1 9Z9 LF (SLD; $ 135 $ 16,104.15 I-35 TXDOT 666 PAVEMENT MARKERS & MARKiNGS (TX I} (W) (8") 1,445 LF (B�) (z'? $ 1.50 $ 2,601.00 I-36 TXDOT 666 P'�� RS & MARKINGS (TY I} (W) (S") 5,648 i,F' (s�1 $ 1.80 $ 10,166.40 I-37 TXDOT 6fi6 PAVEMEIV3' MARKERS & Mr}.RKINGS (TY I) (W) (12") 1,430 LF (SLD) $ 2.70 $ 3,861.00 T-3$ T�1DOT 666 PA�� N�ERS & MARKINCrS (TY q(W) (2A") ��2 � �SLD1 S 5.70 $ 42,419.40 I-39 TXDOT 666 pAVEMENT MARICF.RS & MARKINGS (TY T} (W) 49 EA (��'? $ 115.00 $ 5,635.00 I-AO TXDOT 666 PAVEMENT rviauxFRS & MA,RKINGS (TY T) (W) (WORD) 49 EA $ 125.00 $ 6,128.00 I-41 TXDOT 666 PAVEP�NT MARKF.RS & MP,RK,iI�IGS (TY II) (Y) (4") ] 06 LF (BRK) $ D.EO $ 10.50 i-42 TXDQT 656 PA��'�'NT MARKERS & MARKINCrS (TY II) (Y) (4") 3,225 LF ($�) $ O.i� $ 322.50 [ 43 TXDOT 6fi6 pAVENEENT MARKERS & MARKINGS (TY �) (VV� (4") 34,668 LF (BRK)(10') $ U.OS $ L,733.40 1-04 TXDOT 666 PAVF:MENT' MaxltF..Rs & MARKINGS (iY II; (W) (4") ] 10 I.F - (��) (��) $ �O.EO $ 31_00 I-45 TXDOT 666 pAVEMENT MARKERS & l4IARKINGS (TY II) (W) (6") (1,929 I.F (SL.i�} $ O.LO $ L,192.90 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C I-46 T XDOT 666 �`4�� MARKERS & MARICINGS (TY R} {W} (8") 1,445 LF (BRK) (z7 $ 0.10 $ 144.50 I-47 TXDOT 666 �AVEMENT MARKERS & Iv3ARK1NGS (TY Q) {W }(S") 5�$ � (S1.U) $ 0.1� $ 564.80 I-48 T7CpOT 666 pAVELV�IV7' MARKERS & MARKII4GS (TY II} {W) (12") 1,430 LF (S�1 $ D.20 $ 286.00 I-49 TXDOT 666 PP`��'� �'��RS & MARKINGS (TY II} (W) (24") 7 442 LF, (s�l $ D30 $ 2,232.60 I-50 TXDOT 666 pAVEMENT MARKERS & MARKINGS (7'Y 1� (W} 49 EA (ARROW) $ lD.OE} $ 490.00 I-51 TiCDOT 666 P'��'�� MaRxFRS & MARKINGS ('1'Y �(W) 49 EA (WORfD) $ t0.0� $ 490.00 I-52 TXDOT 672 RAiSED PAVEMENT MARKF.R (TY Q-C-i2} 1,422 EA $ 4.Op $ 5.586.00 I-53 TXDOT 672 RAISED PAVEMENT MARKER (TY II-A-A) 165 8A $ 4.OD $ 660.00 I-54 TXDOT 644 SMAI.I. ROADSIDE S1GN ASSEMBLY 12A EA $ 375.00 $ 46,500.00 I-55 TXDOT 540 METAL BEAM GUA� FEI3CE 1,652 LF $ I9.5Q $ 32,214.D0 i-56 TXDOT 540 M�"rP`I' BEAM GUARD FENCE 7RAI�3STTION (THRiF. 6 EA - BEAM) $ 1,600.OE1 $ 9,GDD.00 I-57 T�Z)OT 544 GLFARDRAII. END TREA'fMENT (WOOD POST) (TY � 10 EA $ 2,900.06 $ 24,OD0.00 i-58 TXDOT 450 PEDESTRIAN RAIL (COMBINATION TY C1W) 1,101 � $ I 14.76 $ 126,356.76 I-59 TXDQT 450 PEDESTR{AN RAiI. {TY C221} 413 LF $ 145.79 $ 60,211.27 I-60 TXDpT 429 REi'AINIIVG WALL (T�OT 7'XPF RW l(H)(C) 6,190 SF $ 51.36 $ 317,918.40 i-61 TXDQT 423 RETAINING WAL.L TXD4T TYPE RW 1(H)(A) 3 LO SF $ 45.27 $ 14,033.70 I-62 TXDOT 423 RETAiNING WALL (TrzDOT 1'YPE CSVJp-08 (FV�) 3,385 SF $ 49.99 $ i59,216.15 I-63 TXD6T 423 RE'i'ADVING WAC.L (MSE) 4,735 SF $ 49.46 $ 234,19310 I-64 iXA01' SQS 7'�MPOTtARY PAVEMEIYT 4,230 SY $ 24.07 $ 141.816.10 TOTAL UIYIT I '� Z�J 8��I �. DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C 11NTf II.-STRUCTURAL ESTIMATED ITE141 SPEC. NO. DESCRIPTION QUANTITY UWIT UIVIT YRICE AMOiJNT Il-1 TXDpT 416 DRU.I. SHAFT (30") 945 LF $ 103.81 $ 103,290.95 II-2 TXDOT 416 DRILL SHAF7' (36") 1,398 I.F $ 123.55 $ 172,722.90 II-3 TXDOT 420 CLA55 C CONCl2ETE (ABIITMENT) 163 CY $ 813.86 $ 132.659.i8 II-9 'i'XDOT 420 Q.ASS C CONCRETE (BENT) 208 CY $ 923.89 $ 192,169.12 II-5 TXAOT 422 �INF CONC SLAB 28,782 SF $ 15.04 $ 432,681.28 II-6 TXDOT 422 SHEAR KEY 42 CX $ 350.OfS $ 14,70(i.OD TI-7 TXDOT 422 APPROACH SLAB 349 CY $ 48239 $ 168,359.11 D-6 TXDOT 425 PRESTRESSED C4NCRETE GIRDER (Tx40) 2,500 LF $ 160.OQ $ 40D.00Q.OD ➢-9 TXDOT 425 PRESTRESSED CONCRETE BOX BEAM (4B20) 174 I.F $ 14438 $ 25,12212 6-10 TXDQT 425 PRESTRESSE� CONCRETE BOX $EAiv� (5820) 1,562 LF $ 150.i2 $ 234,457.44 11-1 L TXDOT A28 C4NCRETE SURFACE "i REA"I'MENT 3,213 SY $ 2.00 $ 6,426.00 0-12 'E`3�OT 432 R{PRAP (RR8) 537 CY $ 383.36 $ 205,864.32 0-13 TXDOT 442 STRUCTURAL S7'EEI. {M[SC IVON-BR@GS} 689 LB $ 14.61 $ 1Q107.fi3 0-14 T3�OT 450 RAQ. TY C4 L 1 876 LF $ 157.86 $ [37,3382A 6-15 TXDOT 450 R.AA. TX C223 679 LF $ 146.11 $ i00,566.b9 0-16 'f'XDOT 450 RAIL TY PRl 486 LF $ fi1.02 $ 29.777.76 0-17 TXDOT 454 SEAI.ED EXPANISION 7dII�7'S (4") 292 LF $ 77.66 $ 22,676.72 TOTAL UNIT 3I $ z,369,t44.42 � DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C UNIT IlI - LANDSCAPQNG �'�'�� SPEC. NO. � � COD NCiCOG AM ifEM 202.5 � Z COD NCiCOG AM ITEM 202.6 �-3 NCiCOG202.z ES'I'IMATED DESCRfPTION QUAN'F[TY UNIT UNIT PRICE SpDDING b6,93fi SY $ 4.L8 $ HY➢ROMLtLCHSEEDINC'i 66,936 SY $ 1.55 $ TOPSOIi. (4") 133,$72 SY $ 0.84 $ TOTAL UNIT QI $ UMT IV - ELECTRICAL & LIGIITING ITEM SPEC. NO. �ESCRIPTION N-1 TxAp'1' 618 COMJUIT (PVC) ($CFID 40) (3") IV-2 Yr.DOT 618 CONDUIT (PVC) (SCFID 4Q) (2") TV-3 TXDOT 62A PULJ. BOX {12" X 12") ESTIMATED QUANT[TY UNIT UIVIT PRICE 600 LF $ 9.00 $ 22,975 LF $ E0.00 $ 231 EA $ 1.006.00 $ TOTAL U1V[T IV $ AMOUNT 279>792:45 103,75Q.S0 112,452.48 495,995.76 229.750.00 231,000.00 466,150.00 IINTl' V- ST�RM SYSTEM IMPROVE.MEN75 ES'I`IMATED ['r'�1y SPEC. NO. DESCRIPTION QUANTITY UNIT UNTT PRICE AMOUNT v� COD NCTCOG AM TRENCH SAFETY (STORM DRAIN SYSTEivI) 29,610 LF ITEM 107.19.3 $ 0.50 $ 14,845.{10 V-2 NC7'CpG 541.6 RCP (CLASS IQy Q S") 5,764 LF $ 70.00 $ 403,460.{]0 V-3 NCTCOG 501.6 RCP (CLASS i[I} (24") 9,742 LF $ 87.00 $ 547,554.00 V-4 I3C7'COG 501.6 RCP (CLASS {II) (30") 3,399 LF $ []0.00 $ 373,890.0(} V-5 NCTCOG 501.6 RCP (CLASS �) (36") 1,213 LF $ 125.00 $ 151,625.04 V-6 I�CTCOG 501.6 RCP (CLASS �) {42") 2,179 LF $ i56.00 $ 399,92A.Op V-7 NGTCOG 501.6 RCP (CLASS IV) (42") 1,573 LF $ 212.00 $ 333,476.0(3 V-B NGTCQG 501.6 RCP (�.ASS lii} (9$°} 1,373 LF $ 186.00 $ 255,378.OE7 V-9 NCTCOG 501.6 RCP E�ASS IEI) (54"} E SO LF $ 242.00 $ 43,560.00 V-30 NCTCOG 501.6 RCS (5' X 4') 133 LF $ 256.OU $ 34,Q48.00 V-11 NCTCOG 501.6 RCB (6' X 0.') 1,637 LF $ 320.00 $ 523,84D.00 V-i2 NC]'COG 501.6 RCB (7' 3C 6') 1,013 LF $ 432.06 $ 437,6[6.00 V-13 NCiCOG 501.6 RCB (8' X 4') 840 I.A $ 400.04 $ 336.000.00 V-]4 NCi'COG 501.6 RCB (S' R S'} 48 LF $ 715.pQ $ 34,320.00 V-15 NCi'COG 501.6 RCB (9' X 6') 810 IF $ 48$.00 $ 395,28�.00 V-16 F*1CTCOG 501.6 RCS (10' X 6') S7 LF $ 679.OQ $ 59,W3.00 V-17 iVGTCOG 501.6 RCB {12' X 6') 376 LF $ 45U.00 $ 357,200.00 V-18 NCTCpG 501.6 RCB {i2' X 5') 844 LF $ BS8.00 $ 713,952.00 V-]9 NCCWG702 MANHOLE(COMPLE7'E)fTYPE1) 38 EA $ 4,000.00 $ 152,000.00 V-24 NCTCOG 702 MANHOLE (COMPLETE)(TYPE 1-C) 18 EA $ 2.00D.00 $ 36,900.Q0 V-21 NCI'COG 702 JUNCTIQN BOX (42") (JB-1-02) 1D EA $ 6.600.00 $ fi8,000.40 V-22 NCI'COG 702 JiJNCT10N BOX (46") (JH-1-02) 3 EA $ 6.600.00 $ 19,800.OQ DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C Y-23 NCTCOG 7U2 JIJNCTION SOX (54"} {IB-1-02} 1 EA $ 7,808.00 $ 7>808.00 V-24 NGTCOG 702 IUNCTION BOX (MOD) (9' X 5') 2 EA $ 6,900.00 $ 17,SOO.DO V-25 NCTCOG 702 7TJIYCI'ION BOX (MOD} ( I 1' X 9') 2 EA $ 20,D00.00 $ 40,000.00 V-26 NCCCOG 702 INi.ET (COMPLET'E) (CHANNEL HEADWALL) (10') 5 EA $ 7,600.00 $ 38.000.00 V-27 NGTCOG 702 INLET (COMPLETE) (TY Y INLET) (4' X 4? 1 EA $ 4,300.0(i $ 4,30(5.00 V-26 IVGTCOG 7D2 INLET (COMPLEI'E) (RECESSED CURB IN1.ET 10'} Sb EA $ 5�� $ 4� �� V-29 NCi'COG 702 INLET (COMPLEI'E) (RECESSED CURB INLE'i 15') 57 SA $ 7,SOO.OD $ 42�.SOQ.00 V-30 NCTCOG 702 INLET (COMPLET'E) (RECESSED CURB INLET 20'} l7 EA $ 9,600.00 $ 166,600.00 V-31 NCICOG 702 HEA�Wt1E.L & WINGWAI.LS (TY PW} ( SD 5CUI,V-1) (8'} 1 EA � 23 �� $ 23,000.00 V-32 NC"i'COG 702 HEABWAL.L (7`Y PW} ( SD SCULV-1) (8') I EA $ 28.006.00 $ 28,000.00 V-33 NCTCOG 702 HEADWAl1. & WINGWALl.S {TY PW) (SD SCl7LV-2) ( l l') 1 �A $ 49,000.00 $ 49,000.00 V34 NCTCOG 702 HEADWALL (TY PW) (CULV-4) (9'} 1 EA $ 18,60Q.00 $ 18,600.00 V-35 NCTCOG 702 HEApWA,LL & WINGWALLS (TY PW) (SD SCULV-5) (l4') 2 EA � 33,900.00 $ 67,$00.00 HF:ADWALL & WINGWAI.LS (TY FW-0) (SD SCULV-2) � V36 NCTCOG 702 ��,� 1 EA $ 17,OOO.DO $ 17,000.00 V-37 NCTCOG 702 IIEADWALL & VJINGWALLS (TY FVJ-0) {CULV-4) (9') 1 EA $ 27,000.00 $ 27.0(f0.00 V-38 NCTCOG 702 HEADWALL & WINGWAES.S (TY FW-0) (SD-Ol) (3') L EA $ 2 000 00 $ Z 000 00 V-39 NCTCOG 702 HE.ADWAE.L & WINGWAL.LS (TY SW-0) (CCII.VERT 3} (9') L EA $ 12.$00.00 $ 12,800.W V-40 NCTCOG 702 F[EADWALL & WWGWALLS (TY PV� (CULVERT-2) (8') L EA $ 13,700.00 $ L3,700.00 V-41 NCCCOG702 HEADWAI.L.& WWGWALLS (TY PW) (CUI.V£RT-2) (9') L �A $ 38,000.00 $ 36,000:00 V-42 IVGTCOG 702 HEA➢WAL.L &. WINGWALLS (1'Y PVJ) (SD-6.1) (7') i EA $ 24,000.00 $ 24,000.00 V-43 IVCTCOG 702 }IEA[IWALL & WIFVGWALLS (7'Y FW-S) {SD-28) (7') 1 EA $ L$,000.00 $ i8>OOU.00 V-40. NCfCOG 702 CONCRETE FLUME 437 SY $ 140.OU $ 61,180.00 V-45 NCTCOG 6033 RIPRAP (CONC) (6") 532 CY $ 440.04 $ Z34,101.28 V-46 NCTCOG 803.3 RIPRAP (STONE) (20.") 957 CY $ 125.00 $ 119.525.D0 TOTA[. UAIIT V $ 7,85t,03528 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C iJNIT VI - WASTEWATER SYSTEM IMCTLOVEMENTS ESTIMATED ITEM 5PEC. NO. AESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT � 1 COD NCTCOG AM �u.i. ANA PLUG EXISTING SANT�'ARY SEWER L1NF5 34 EA TI'EM SSO] $ i,050.00 $ 35,70D.00 �� COD PICi'CDG AM AgpNpON SANITARY SEWER MANtiOLE 10 EA TI'EM 5502 $ 650.D0 $ 6,500.00 V[-3 COB NCTCOC AM g�MOVE SANITARY SEWER MANIIOLE 6 EA Ti"EM 5503 $ 675.00 $ 4,050.06 CQB NLTCp(i AM EXCAVATION SAFETY (TREPICH SAFETY) (SEWER VC-4 17'EM 107.19.3 SYST'EM) 5,072 LF � 0.50 $ 2>536.00 COD NCTCOG AN[ 24"X318" TFTICT� STEEL CAS�+fG NISTALLE€1 BY Ol'EIJ VI-5 ��505 CUT 50 � $ l04.00 $ 5,450.00 VI-fi COTJ NCTCOG AM ZO"R318" THICK STEEL CASING WSTAI:I.F,D BY BORE 125 LF TPEM 503.3 $ 357.00 $ 44,625.00 � 7 COD NCTCOG AM �$*X3/8" THICK STEEL CASING INSTALLED BY BORE 40 LF I"1'EM 5033 $ 3b2.SD $ 14,500.00 V� $ COD NCI'COG ANE 18"X3/8" THICK S7'EEL CASING INSTALLED BY OPEN 40 LF ITEM 505 CUT $ 168.25 $ 4,330.00 V� 9 COD NGTCOG ANF 16"X3B" THICK STEEL CASING INSTAI.LED BY OPEN 42 �, ITEM 505 CUT $ 95.75 $ 4,p21.50 COD NC'iCOG AM 12" C-900 DR-25 PVC WASTEWATER FIPE IIVSTALLE� �� TTEM 503.i IN CAS�IG 50 � $ 128.25 $ 6,412.50 � 31 COD NC3'COG AM ]0" C-9Dp DR-25 FVC WASTEWATER PIFE INSTAI.I.ED 125 LP ITEM 503.1 IN CASIlVG $ 1 �2.60 $ 12,825.00 V� 12 C�D NCTCOG AM 10" SDR-35 PVC WASTEWATER PIPE INSTALLED IN 42 LF TTEM503.1 CASING $ 99.14 $ 4,16220 VI-13 CO� NCTCOG AM 8" C-900 DR-25 PVC WASTEWATER PIP£ INSTALLE� IN g� � iTEM 503.1 CASING $ 88.0a $ 7,d40.00 VI-14 COD NCTCOG AM 2L" F679 1 LS PSI PVC WASTEWATER PIPE INSTAi.i.ED �g � IT�M 501.I7 BY OPEN CUT, BACKFQ_I. PER DETAIL U202 $ 134.00 $ 10,5$6.W COD NCTCOG AM 12" C-900 DR-25 PVC WASTEWATER PIPE INSTALLED VI-15 ��SD1.17 BYOPEIVCUT,BACKFiLLPERDETAII,U24[ 115 � $ 83.75 $ 9,63E.25 VI-16 COD NCI'COG Aivl 12" C-900 ➢R-25 PVC WASTEWATER PIPE INSTALLED 123 LF TTEM 501.37 HY OPEN CUT, BACKFII.L PER DETAIL U202 $ $4.7� $ I0,424.25 VI-l7 �D NCTCOG AM 12" 517R-26 PVC WASTEWATF.�i PIP£ iNSTALi.ED BY 1� � IfEM 501.17 OPEN CUT, BACKI'Q,L PER DETASL. U201 $ 87.65 $ 16,017.2Q C4D N[:TCOG AM 12" SDR-2fi PVC WASTEWATER PIPE iN5TALLE� BX � 18 TTEM 501.17 OPEN CUT, BACKFQ.L PER DETAII. U202 524 LF $ 81.55 $ 42,732.20 V7-19 CQD NCTCOG AM 19" S➢R-26 PVC WAST6WATE.R P1PE �ISTALLE� BY 920 LF 1TEM 501.17 OPEN CUT, BACKF'QJ. PER DETAIE. U2(}L $ 70.00 $ 64,400.Dp V1-20 �� N�COG AM 10" SDR-26 PVC WASTEWATER PIPE INSTAI:I.ED BY 888 LF TCEM 501.17 OPEIV CUT, BACKFIi.I. PEit DETAIl. Ll242 $ 68.Q0 $ 60,384.00 Vl-2i COD NCTCOG AM B" C-904 DR-25 PVC WASTEWATER PIPE INSTALLED BY �Z� � Fi'EM 501.17 OPEN CY1T, BACTCFIC.l. PEIt DETAiI. U2Ql $ 70.25 $ 8,500.25 VI zz COD NCTCOG AM S" C-900 DR-25 PVC WASTEWATER PIPE INSTA1.l.E� BY 55 f.F FFEM 501.17 OPEN CUT, BACKFICI.�PER DETASF. U202 $ fi7.25 $ � 3,696.75 COD NCTCOG AM 6" SPR-2fi PVC WASTEWATER PIPE INSTALLED BY VI z3 I'i'EM 501.17 OPEN CUT, BACKFQ.L PER DETAII. U261 �� $ 75.25 $ 5,641]5 COD NCfCOG AM S" SDR-26 PVC WASTEWATER PIPE INSTAII.ED BY �� 1TEM 501.17 OPEIV CUT, BACKFIf.I. PER DETAII. Ll242 � � $ 65.25 $ 15,660.00 COD NCTCOG AM 6" SDR-35 PVC WASTEWATER PIP8IIVSTAI,T.�� BY VI z5 ITEM 501.17 OPEN CUT, BACKFIIJ. PEFt DET.qA, U2Al 484 � $ 56.05 $ 27,128.2A � VI 26 COD NCTCOG AM 8" S17I(-35 PVC WASTEWATFit PIYE INSTALLED BY �gs �. ITEM SD1.17 OPEIY CiJT, $ACKFII.1. PER DETAll, if202 $ 52.05 $ 40,859.25 COD IVCTCOG AM 4' �IA CONCRETE MANFIOLE, S'3'ANDARD OR DROP (0'- VI-27 �� 502.1-A 6') 4 �"� $ 5,9Z5.00 $ 23,700.00 VI-28 COD I�CTCOG AM EXTRA DEP7'1{ OF 4' DIA CONCRETE MANHOLE (OVER 16 VF ITEM 502.3-A INITIAL 6'} $ 300.00 $ 4,800.90 COD NCTCOG AM VI-29 �M 502.i-A ��'��G WA'CER'FIGHT L@S AN� VENTS WHERE 23 � $ 6,SL7.OD $ 149,89[.00 VI-30 COD NCTCOG AM EX'1'RA DEPTH OF 5' DIA CONCRETE MANHOLE €��R 221 VF IIEM 502. ]-A ➢VTTIAL 6'} $ 100.00 $ 22, R00.06 VI-31 COD NCTCOG AM 6" SANiTARY SEWER SERVICES l4 EA TTEM502.i4A $ 1,700.00 $ 23,800.04 COD NCTCOG AM � 32 ITEM 502.12.4 CONNEL'1' TO EXISTING MAN}fOLE BY CORING 2 EA $ z 2,56.00 $ 4,5fi0.00 TOTAL UNIT VI $ 696,00630 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C UNiT YlI - WATER SYSTEM iMPROVEh�.I�iTS ESTIMATEU �'['�.� SPEC. NO. �ESCRIPTION QUANTITY [1NIT UNIT PRICE AMOUNT �� COD NCTCOG AM �MOVE F1RE HY[?RANT 6 EA 17'EM WOS $ 50D.00 $ 3,000.00 � Z COD NCTCOG AM ��fl� �fl SALVAGE GATE VAL,VE 33 EA ITEM W06 $ 900.00 $ 13,200.00 � 3 COD NCTCOG ASvi ��yD PLiIG EXISTING WATER LINES 65 EA ITEM WD4 $ 1,500.00 $ 99.000.0� COD NCTCOG .A�vI �XCAVATION SAFETY (TRENCH SAFETY) (WATER �-4 �i'EM k6719.3 SYSTEM) 17,531 LF $ 6.25 $ 4,382.75 � 5 COD NCTCOG AM 36"X 1!2" THICK STEEL CASING INSTALLED BY BORE 95 LF IFEM 5033 $ 563.00 $ 53,485.00 CO6 NCTCOG Aivl 36"X316" THICK 51'EEL CASING INSTALLED BY OPEN � 6 TTEM 545 CUT 57 LF $ 165.00 $ 9,4Q5.{)0 � � COD NCTCOG AM 30"X 1l2" THFCK STEEL CASING INSTALLED BY BORE 30 LF 17'EA� 503.3 $ 525:00 $ 15,750.OQ �$ CO� NCTCOG AM z4"X3I8" TH[CK STEEL CASING INSTAI_i.ED BY BORE 125 LF ITEM 503.3 $ 319.00 $ 99.875.00 �� 9 COD NCTCOG AM 24"X318" THICK STEEL CASING INSTAI.i_ED BY OPEN zas LF TTEM505 CUT $ $9.p0 $ 19,135.00 COD MCTCOG AM 20" SPECIAL CLASS 53 D� WATER LINE INSTALLED IIJ � �-la ITEM503.1 CASWG 95 � $ 223.00 $ 21,185.00 �� 1 C6D NCTCOG AM 18��16" THICK STE.EL CAS�G IZVSTAI.,I.FcD BY BOItE 178 LF ITEM 503.3 $ 265.50 $ 47,259.00 � 12 COD NCTCOG AM 18"X318" THICK STEEL CASING INSTALLED HY OPEN 396 LF Tl"EM 505 CUT $ $3.25 $ 32,967.00 COD NCTCOG AM [ B" SPECIAL CLASS 52 DFP REUSE I,IiV� [NSTAI.LBA IFV VII-i3 �M 503.1 CASING 8z � $ 696.75 $ 57,133.50 VEI-14 COD NCTCOG AM 16" SPECIA7_ CLASS 52 DIP WATER f.iNE BVSTAi.I.ED II�I 44 � TTEM 5631 CASIIVG $ 197.00 $ 6,668.D0 COD NCTCOG AM 12" G900 DR-14 PVC WATER I,INE INSTALLED IN ��5 TT'EM543.1 CASING 530 LF $ g[.00 $ 48,230.00 VQ-16 COD NCl'COG AM S" C-900171Z-14 PVC WAT£R LINE INSTALLE� QV 3Q3 LF ITEM 563.1 CAStlNG $ 64.75 $ 19.bi9.25 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C � F7 C4� NCTCOG AM CONCRETE ENCA3EIvIENT OF WATER LINES 230 LF ITEM $04.5 $ 45.00 $ 10,350.00 COD NCTCOG AM 20" SPECIAL CLASS 52 DIP WATER LINE INSTAT.I.�D BY �- � g iTEM 501.14 OPEIV CL1T, BACKFQ.L PER DETAII. U201 l 11 LF $ 294.50 $ 32,689.SQ vQ � 9 COD NCTCOG AM 20" SPECIAL CLASS 52 IIIP WATER LINE INSTALLED BY L56 LF !'i'EM 501.14 OPEIV CL1T, HACKFILL PER D6TAII. U202 $ 292.50 $ 0.5,630.00 COD NCTCOG AM 18" SPECIAL CLASS 52 DIP REUSE LINE INSTALLED BY VQ-20 ��yq SOL14 OPEN CUT, BACKI�'ILL PERD£TAIL [T2D1 �08 � $ 172.05 $ [B,SSl.40 VQ-2l COD I�iC'ICOG AM l6" SPECIAC. CL.ASS 52 DIP WAi'ER T.iNE INSTAliED BY 1,112 LF 1'1'EM SOl.IA OPEN CUT, BACT{FILL PER DETAII. U201 $ 118.75 $ 132,OSO.Dtl COD NCTCOG AM ] 6"SPECiAL Q.ASS 52 DIP WA'FER I.NIE fifSTA[..l.E� BY V�-22 ��.EM $o-1.14 OPEN CUT, BACKF7I.L PER DETAIl. iJ2D2 30 LF $ 157.56 $ 4,725.00 VD-23 �D NCTCOG AM 12" G900 DR-14 RVC WATER LINE INSTALi.ED BY 1,44fi 1_F Ti'EM 501.14 OPEI�F CUT, HACKFD.,T, P8R DETAIl. U201 $ 55.75 $ 78,38450 V!I-24 �D ��OG AM 12" C-900 DR-L4 PVC WATER LINE INSTALLE� BY ]fl,547 LF IT'EM SU[.l4 OPEN CUT, BACKFILL PER DETAII. U202 $ 57.50 $ 6D9,327.50 COB NCTCOG AM B" C-900 DR-14 PVC WATER LINE INSTALLED BY OPEN �-� TTEM�SQL14 CLTi.BACKPILLPERDETAI[.U201 697 � $ 43.25 $ 30,1A525 VIi 26 COD NCfCOG AM S" C-900 DR-14 FVC WATER LINE INSTAI.i.ED BY OPEN g36 LF TI'EM 501.14 CifT, BACKFILL. PER DETAIL U202 $ 49.25 $ 36,727.50 VII-27 COD NCTCOG AM 6" C-900 DR-l4 PVC WATER LINE INSTALLE.D BY OPEN 190 LF I'1"EM50Lt4 CUT,BACIQ'r{LLPERDETAQ.U201 $ 52.75 $ 10,022.50 �� ZS COD NCTCOG AM 6" C-900 DR-L9 PVC WATER LINE INSTALLED BY OPELY 125 LF 1Tk.Iv,lSal.i4 CUI', BACKFQA.PERDETA►L U202 $ 54.75 $ 6,843.75 VII z9 CO➢ NCTCOG AM 20" GATE VALVE, VAULT AND B�X 5 EA TI'EM 502.6.2 $ 17,308.00 $ 86,540.00 VII-36 COD NCTCOG AM �5" GA7'E VALVE, VAUL'L AND BOX 5 EA ITFM 502.6.2 $ 10.1b5.00 $ 5Q825.00 VII-31 COD NCTCOG AM ] Z�� GATE VALV£ AC+f17 BOX 28 EA TI'EM 502.6.2 $ 2,$35.40 $ 79,380.OD VII 3Z COD NLTCOG AM g° GATE VAL.VE AIdU SOX 27 EA TTEM 502.6.2 $ 1,744.00 $ 47,488.00 . COD NCICOG AM 6" GATE VALVE AND BOX (EXCLUDING F'IKE VII-33 �� 502.6.2 IiY�RAN"1' ASSEMBi.IES) 14 EA $ 1,361�.OQ $ 19,054.00 VII-34 COD NCTCOG AM 4" GATE VALVE AN17 BOX 5 EA 1TEM 502.6.2 $ 1,066.00 $ 5,330.00 V1I-35 COD NCTCOG AM a�,^X12" TAPPING SLEEV�. A.ND VpI VE 2 EA TTEM WOl $ S,818.00 $ 17,636.00 V6-36 COD NCSCOG AM g^XS" TAPPING SLEEVE ANB VALVE 4 EA TTE.M W01 $ 4,999.00 $ 19,996.00 COD NCTCOG AM V11-37 T1�EM Stl1.7 6„ DUCTQ.E IRON PIPE 29 � $ 98.00 $ 2,842.00 W-38 COD IV.CTCOG AM �W �£ HYDRANT ASSEMBL,IES l4 EA ITP.M 502.3 $ 4,254.00 $ 59,556.00 COD AICTCOG AM RESET & RECQNNECT Tq EXSSTING Fi�RE HYDRANT V�-39 T1�Eivi 5023 ASSEMBLIES 4 EA $ E,$OQ.00 $ 7,200.04 COD NCTCOG AM RELOCATE EXISTTNG WAT£R METER VAULT AND ALL � �-� TTEM 502.16.3-A ASSOCIATED APPURTENANCES 1 EA $ 3,600.00 $ 3,600.06 � 41 COD NCTCOG AM �1rATER SERViCES, ALL SIZES 14 EA ITEM542.IQ.3-A $ 2,576.00 $ 36,064.OE1 VII-42 COD NCTCOG AM WATER ME7'E12, ALL SIZES 12 EA TTEM 502. k03-A $ 2.100.00 $ 25,200.00 COD NCTCOG AM COMBnYAT[ON ATR AM7 VACIIi1M AlR RELEASE VA-43 �M 502.63 VALVE ASSEMBLY - 2" 1 �` $ 4,350.00 $ 0..350.00 Vn-04 COD NCTCOG AM COMBIIVA'E'fON AIR AND VACUUM A1R REE.BASE 5 � TTEM 502.6.3 VALVE ASSHMBLY - 1" $ 2,982.90 $ 14,9l0.00 TOTAL UNIT VII $ t,987.342.40 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C iINIT VIII - ENVIRONIvIENTAL ITEM SPEC. NO. DESCRIPTION � 1 COD PICTCOG AM STORM WATER POLLU"FiON PREVEN3'ION PLAN ITEM 201 � z COD NCfCOG AM .�.EMpORARY SEDIM£NT COI�7ROL FENCE (INSTALL) ITEM 201 � 3 COD NCTCOG AM TEMPORARY SEDOvfENT CONTROL FENCE (REMOVE) IT'E3v1201 �� COD NCTCOG AM BIODEG EROSION CONTRQL LOGS (INSTALL) (12") TTEivI 2p1 (INLET PROTECTION) � 5 COD NCTCOG AM CONSTRUCTION EXITS ("3'Y q(INSTALL) TTEM 201 V�[-6 COD NC'FCOG AM CONSTR[7CTION EXI'i'S (TY I) (REMOVE) 1TEM 2D1 V� $ COD NCTCOG AM ROCK FILTER AAA� (TY 2) TCEM 201 V� 9 COB NCTCOG AM RpCK FIl.TER DAM (TY 3} 1'E'EM 201 E57'iMATED 1 45,949 45,949 2,095 6,tll 6,111 40 227 UNTC I.S L.F I_F LF SY SY LF I.F UN['I' PRICE $ $ 1.45 $ $ 0.40 $ $ 3.70 $ $ 12.00 $ $ 7.75 $ $ 35.OQ $ $ 40.Oi3 $ TOTAL 111�'IT VIII $ L8,379.60 7,751.50 73,332.00 47,366,25 1,406.00 ULVZT iX - TRAFFIC SIGNALS EST[MATEU iTEM SPEC. NO. DEBCRLYTION QUANTITY UNIT UNIT PRICE AMOUNT LY-1 T�cDOT ITEM 681 MCKCIVNEY STREET TEMPQRARY TRAFF[C SIGNAL 1 EA $ 62.000.00 $ 82,0OO.OQ {X-2 TxDOT I'1'EM 681 UNR'ERSITY DRIVE TEMPORARY TRAkFIC SIGNAL 1 EA $ 85,000.00 $ 55,000.00 IX-3 TxDOT IT'EM fi8D SALVAGE EXISTING TRAFFIC SIGNAL EQU�MEN'C � � (ALS, IN'I'ERSECCFONS} $ 53,000.00 $ 53,000.00 1}C-4 TxAOT 1TEM 580 SPENCER ROAD TRAFFIC SIGNAL 1 LS s i�o,000.00 s i�a,oaa.00 IX-5 TsDOT TCEM b80 MORSE STREET TRAFFIC SIGNA.L E fS $ 141,pp�.00 $ 141,006.00 iX-6 T�cD07' ITEM 6S0 MCTSFNt`'EY STREET TRAFFIC SIGNAL 3 LS $ 21>OOO.OEY $ 21.000.00 IX-7 TxDOT i'i'EM 680 M1i.l.S ROAD 1R.9FFIC SIGNAL 1 LS $ 133,000.00 $ 433.UD0.00 IX-8 T�Oi' ITEM 680 RUSSEL.L NEWMAN TRAFFIC SfGNAF. 1 LS $ 128,006.00 $ 128.000.00 IX-9 TxDOT ITEM 660 UNIVERSITY DRIVE TRAFFTC SIGNAL I LS $ 117,000.00 $ 117,000.(]0 TOTAL UNIT IX $ 930,000.00 BID ALTERNATE 1 ES7'�1�A7'ED TfEM SPEC. NO. DESCRIY'CION QUANTITY UMT UNIT PRICE Al-I TXDOT 360 CONTINUOUSLY KEINFORCED CONCRETE PAVEPv�NT (�39,391) SY (12") $ 98.96 $ A]-2 iXDOT 360 CONTINUOUSLY REINFORCED CONCRETE PAVEMENT � 39,391 SY (IO") $ 47.00 $ TOTAL BCD ALT 1 $ AMOUNT .00 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C TOTAL UNIT I Z o� ��b,31a�6 TOTAL UN[T II S 2.3g9•144.42 TpTAL UNST III $ 495,995.76 TpTAL UNIT IV $ 455,150.00 TOTAL IINIT V � 7,851,035.28 TOTAL U1�iC'I' VI $ 696,006.30 TOTAL [1NIT VII � 1,987,342.40 TOTAL UNIT VIII $ zZ5,429.40 TOTAL ONI'C IX $ 93D,000.00 TOTAL BASE BID 3s1 877� y19� $� TOTAL BID $ {273,20636) ALTERNATE 1 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C SID SUMMARY TOTAL BASE BID $._ __ _3 S� �77� yry . S 2 TOTAL BASE BID IN WORDS: -t'fiir� � ne.7l�n e�hf- htrnc�ed ,�ven�j stuP,rL �hous4nd -� r h u u� d-te d fow r�-r�.n � li4r.s q nd ��*� � The award of the contract will be based on the Totai Base Bid. The Iowest respansive proposal �or purposes of award shall be the confornung responsible bidder offering th� Iowest cost for the base bid. In the event af the award of a contract to the undersigned, the undersigned will fiu�zi sl� a pe�oz�anc� bond and a payment bond for the full amount of the contract, to secure proper compliance with t�e terms and provisions of the contract, to insure and guarantee t�e wo�c un#il final completion and acceptance, and to g�arante� payment for all la�crful clairns for labor performed and rnaterials fiirnished in the fizlfillment of the contract. Ii is understood �t the woric praposed to be done shall be accept�d, when fiilly compl�ted and fir�ished in accordanee with the plans and specifica�ons, to t�e satisfaction af the Engineer. The undersigned certifies that the bid prices contained in this proposai have been careiully checked and are sub�utted as correct and �nai. Unit and lurnp sum prices as shown for each item listed in this praposal shali control over extensions. The undersigned agrees this bid becomes the property of the City of Den�on after #he official opening. The ur�dersigned affirms that they are duly authorizec� to execute �his contract. Vendor hereby assigns to purchaser any and a11 claims for overcharges associated with this contract which arise under the antit�st laws of the United States, 15 USCA Section 1 et sea., and which arise under the antitrust laws o£the State of Texas, Tex, Bus. & Com. Code, Section i5.01, et sen. P-26 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C Bidders are required to acknowledge addenda w�itla their submission. Bidders will be respansible for nnon.itoring the City of Denton Purchasing website at www.dentonpurc�asing.com to ensure they have downloaded and signed all addenda rec�uired witl� the�r subrnission. Bidders s�al1 acicnowledge each individual addend�m below: ., Adden�run No. 1 da�ed _Ap r iI 12 ,, 2 0 i 7__ Received - AddendumNo. 2 c�ated Ap��- �0, 2017 Received Addendum No. 3 dated L� ( Received Addendum No. 4 dated Received Addendum No. 5 c�ated Received ZachrY_Construction Corporation CONTRACTOR 9 BY Mr. Je J. Abiassi P.E. President and Chief Operating fNfcer Street Address San Antonio, Texas City and State ��r1 �k�.i�4si(o�zachrvcom_cort� E-mail P-27 //bt�idlW i DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bi11620 relative to the award of contracts to non-resident �ic�ders. This law provides t�at, in order to be awarded a co�tract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outsic�e of the State of Texas) bid projects for constructian, improvements, supplies or services in Texas at an a�nour�t lower than the lowest Texas resident bidder by the same amaunt that a Texas resident bidder would be required to underbid a nan-resident bidder in order to obtain a co�parable contract in the state in whic� the non-resident's principal p�ace of b�asiness is located. The appropriate blanks in Section A below must be fiiied aut by a11 out-of-state or non-resident bidders in order for your bid to meet specifica�ions. The failure of aut-of sta.te or non-resident contractors ta da so will automa�ieally disqualify that bidder, Resident hidders �vst check the blank in Section B. A. Non-resident bidders in (give state}, o� principal place of business, are required to be percent lawer than resident bidders by s�ate law. A copy of the statute is attached. Nan-resident bidders in to underbid resident bidders. (give state), o� principal place of b�siness, are nat required B. Our principal place of business or corporate offiees are in the State of Texas: � : i� � ' Zach Co stru " ` n con�� BY � � 2330 td Loop 1 B04 W Street Address San Antonio, Texas 78248-4512 City and State TH�S FURM MUST BE RETURNED WTTH YOUR BTD. P-28 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C CONFLICT OF INTEREST QUESTIONNAIRE - For vendor vr other person doing business with local go�ernmental entity This qe�estionnaire ref�ects changes made to the law by H.B, 23, 84th L.eg., Regular Session. FORM CIQ This questionnaire is being fled in ac�rdance with G#�apter 97B, �.acal Go�emment Code, by a vendor who has a business reiatianship as defined by Section 176.�01(1-a) with a loca! go�emmentaE entity and the vendor rr►eets requirements under Section 176A�6(a). By law this t{uestionr�aire must be �led with the recards administ�aior of the local go�em�ent eniiiy not later than the 7th business day after the date the verxior becomes aware af facts that require the staternent to be fited_ See Section 176.006(a-1 }, Loca! Go�emment Code. A vendar cornmi#s an offense i� the �endor knowingly violates Section 176.OD6, Lacal Government Code. An offer�se under this section is a m isdemeanor. Name o€ rrencior who has a business relatfonship vs►ith local governmental entlty. Zachro Construction Cornora#ion ❑ Check this box if you are filing an updaie to a prer►iously flled questionRaire. ('The [aw requires that you fIe an updated completed questionnaire with the appropriate filing aufhority not later than the 7"' business day after the date on which vou tsecaEne aware that the arigiRativ filed puestionnaire vwas incomplete or inaccurate.) Name af local government officer about whom the informaYiun im this section is be3ng disclosed No� Applicable IVame of Officer 'This section, (item 3 including suhparis A, B, C& 1]), musY be completed %r each officer with whom t[te vendor has an employm�ent or other business relat�onship as defined by Section i 76.001{1-aj, Local Govetnment Code. Attach additional pages to this �orm CTQ as necessaty. A. Is the locat goveinment officer named in this section receiving or likely to receive ta�cable income, other than investment zncoz�ne, £rom the venclor? � Yes � No B. Is tha vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the iocal govemment officer named in this section ANI3 �he taxabie incorne is not received from the local governmentat entity? � Yes � No C. Is the filez of this quesiionnaire employed by a ccrcporaEion or othec business encity with respect to which the local governtnent officer serves as an off�cer or director, ar holds an ownership of one percent ar more? � Yes � No D. I}escribe eaeh empioyment or business and famiIy reiationship weti� the local government ofiicer named in this section. ❑ 1 have no Conflic# of Interest ta disclose. of veador doing business with the �overnu�ental entiry CIQ-1 � ��071�� Date Officer DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C ,'�' sC• Bin solvn KNOW ALL MEN BY'IfIESE PRESENTS: That we, Zachry Constr�ction Corparation as Principal, (hereinaf�er called the "Principal"}, and Zurich American Insurance Company , a corporation duly organized under the laws of the State of New York , as Sur�ty, (hereinafter called the "Surety"}, are held and iirmly bound unto City of Denton, Texas as Obligee, (hereinafter called the "Obligee"), in the sum of Five Percent of the Sid Submitted Dollars ($ 5°�a ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind oursalves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEAEAS, the Principal has submitted a bid for T�B 6839, Mayhill Road Widening and Improvements NOW, THEREPORE, if the Obligee shali accept the bid of the Principal and the Principal shali enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful perforttxance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penaity hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this oblzgation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this � lth Witness . Deborah L. ]ung Witness Printed in cooperation with the American Institute of Architects (AIA) by Zurich American Insurance Co�npany used in AIA Document A-310, February 1970 Erfition. BID70000ZZ0701f day oi May A.D., Zfl�� Zachry Construction Corpora#ion � Pri ipal " � - � � (SEAL) _..<— J�A�V J, ABdASSi - President&ChiefOpera� cer Zurich Americ Insurance Co �„ _ urery , - � � � By (SEAI,�,� _ Doz�ald E. Mill�r, Jr. ,�4ttorney-in-Fact,� ` J� -. �, _ __ � .__— -` �' Zurich American Insurance Company . _ ^ . � � � _ � � ,` vouches that the language in the document confvrms exactly to the language"—�'"'�"� DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C r -.`. ZURICH AMERICAI�i INSLIRANCE COMPANY COLONIAL AMERTCAN CASL3ALTY AND S�TY COMPAIVY FIDELITY AND DEPO5IT COMPANY OF MARYLAND POWER OF ATTOR1�iEY KNOW ALL iVIEN BY THESE PRESENTS: That tiie ZLTRICH AMERICAN INSUR.ANCE COMPANY, a corporation of the State of New York, the COI.ONIAI. AMERICAN CASUALTY AND SURETI' COMPANY, a corporation of the State of Maryland, and the FIDELT'T'Y AND DEPOSTT COMPANY OF MARYI.AND a corporation of tk►e State of Mazyland (hezean collectively calIed the "CompanFes"), by MICHAEI, BOND, Vice PresideQt, in pursuance oi authority granted by Article V, Section 8, of the By-iaws of said Companies, which are set forth on the reverse side hereof arad are hereby certified to be in fuli force and effect on the date hereof, do hereby nominate, constit�te, and appoint Michael N. VENSON, Robert B. WRAY, Deborah 1.. .tU1�G, S. West WARREN, CatheriQe M. MARTI1�iEZ, Thomas E. Vw'HITNEY x�d I)onald E. M1LT�ER, JR., all of San Antonio, Texas, EACH its true and lawfuI agent and Attome}r-in-Fact, to make, execvte, seal and deliver, for, and on its behalf as surety, anc� as its acC and deed: any aed alI bonds and undertal�ngs, EXCEPT bonds on beha[f of Independent Exeeuto�rs, Community Survivors and Community Guardeans. and the execution of such bonds or vndertakiz�gs in pvrsuance of these presents, shall be as binding upan said Coinpanies, as fuIly and amply, to all intents and purposes, as if they had been duly executed and acknow��g� by the regularly elected officers of the ZiIRICH AMERIC�iN INS[IRANCE COMPANY at its ofFice in New York, New York, the regulaxly elected officers of the CO�.ONIAL AMERICAN CASUAL�'Y AND SiIRETY COMPANY at its offtce in Owings Mills, Maryland., and the regularly elected officers of the FIDELTTY AND DEPOSIT COMPANY OF MARYI.AND at its office in Owings Mills, MaryTand_, in their owin proper persons. 'I'kae said Vice President does hereby certify that the extract set forth on the reverse side hereof is a hve copy of Article "V, Section 8, of the By-Laws of said Cornpanies, and is now in force. IN WITTTESS WHEREOF, the said Vico-President has hereunto subscribed hislher names and affixed the Corporate Seals of the said ZURICH AMERICAI�T INSURANCE COMPANY, GOLQNIAL AMER�CAI�I CASUALTX AND SURE'�'lt COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 26t3i ciay of September, AD. 2016. AT'FEST: ZURICH AMERICAN IIYSURANCE COMPANY COLdNIAL AMERICAl�i Cr1�SiTAL'f'Y APiD SiJRETY COMPANY FIAELT['X �PIA AEPOSIT COMPA1vX O� MARXI.e#NA � �a ocro,��. r y�.��p'�' �111 �� L .F �j� � ssa�. � w .�,. �, � � ; � Secretary Yice President Michael McKibben Michae! Bond St�te of Maryland County of Baltirnore On this 26th day of September, A.D. 2016, before the subscriber, a Notary Public of the 5tate of Maryland, drtly commissioned and qualified, MICHAEL BOND, Vice Presideut, and MICHAEL MCHIBBEN, Secretary, of the Companies, to me peisoEeally lrnown to be the individetals and officers described in and who executed the preceding ins�ument, anu� acknowledged the execution of same, and being by me duly sworn, depos�h and saith, that helshe is the said officer of the Company aforesaid, and that the seals affixed to the preceding in.stn�cnt are the Coiporate Seals of said Companies, and that the said Corporate SeaLs and the signature as such officer were duTy afF�ed aud subscribed to the said i��t.,�,.,P.+t by the auYhority and d�tion of the said Corporations. IN TES'i1MONY WI�REO�, I have herc�to set my hand and af�xed my Of�cial Sea2 the day and year fust above written. `,.��±�i� ► t;,��'� Y r •��tu►f �•;& � � ? c.: �f� . .- , "r �,� l :��VI:tIG `��:; r✓ 'f��rir iils� °�� Maria D. Aclaiaski, Notary Public My Commission Expires: luly 8, 2019 PQA-� 168-9150 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C EJCTI2ACT FROM BY-LAWS OF iHE COMPANIES "Article V, Section 8, Attorne;�+s-in-Pact. 'F'Exe Chaef Executive Officer, the Presicient, ot ar�y Exec�tive Vice President or Vice President snay, by writtera instrument under the attested corporaEe seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipalations, andertakings, or otk�er like instruments on behalf of the Company, and may authorize any officer or any such attomeyan-fact to affix the corporate seai thereto; and may with or witl3out cause mocEify of revoke any such appointment or a�thori#y at any time." , CE�tTIF'fCATE 1, the undersigned, Vice President of the ZURICH AMERICAN I1��tJRA,NCE COMPANY, the COLONIAL AMERICAN CASUALTY ANI7 SURETY COMPANI', and che FiDELIT�' AND DEPOSTT COMPANY OP MARYLAND, cla hereby certify that the foregoing Power of Attorney is sti11 in full force and effect on the date o£ this certificate; and I do furthex certify that Article V, SecEion 8, of the By-Laws of Ehe Gompanies is sti]I in force. TE3is Power of Attorney and Certif cate znay be signed by facsimile under and by authority of the fol3owing resolution of the Board of Direetors o€ the ZURICH AM�RiCAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLV�D: "That the signature of the President or a Vice President and the attesting signat�re of a Secretary or an Assistant Secretary and the Seal of the Company may be affixec( by facsimile on any Power of Attorney_..Any such Power or any certificate thereof bearing sttch facsimile signature and seal shall be valid and binding on the Campany." This Pawer of AEtomey and Certificate may be signed by facsimiie under ac3d by avthoriry of ti3e foliowing resolution of tkxe Boa3rd of Directors of the COLONIAL AMEFtiCAN CASUALT`Y AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, �994, and tiie following resolution of the Board of Dire�tozs of the FIDELI'1'Y� AND DEPOSIT COMPANY OF MARYLAND at a meeting duiy caI3ed and held on the 10th day of May,1990. RESOLVED: "`i'hat the £acsimile or mechac�ically reproduced seal of the company and facsimile or mechanical�y reproduced signature of any Vico-i'residez�t, 5ecretary, or Assistant Secretary o� the Company, whether mada hzretafore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by t1�e Company, sha31 be valid and binding upon ttie Company with the saFne force and effect as :hough manaally affixed. STIM WH REOF, I have to subscribed my name and affixed the corporate seals of the said Companies, this ��ay of 20 w�a ¢c�os� . e�°.r�,.""�'y'� �J�ItpY{� ti{ h'w % . V�'�G�� cP 5 ww� � ��` �"' 88AL w "'" i :=t " `o� r � * � �y........w`"`�� ffic b 60r '�� 4+.r�. 'r ,k T � � � Gerald F. Haley, Vice President TO REPORT A CLAIM WITH REGARll TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INF`ORMATI�N TO: Zurich Ameracan Insurance Co. A�tn: Surety Claims ]299 Zurich Way Schaumburg, IL 60196-1056 DocuSign Envelope ID: 89EC6AE5-23EF-4489-B951-968895F65E4C . - ��: ..V • .. Zurich American Insurance Company Fidelity and Deposit Company of Maryland Colonial American Casualty and Surety Company Home Office: 14U0 American Lane, 5chaumburg, Tilinois 6019b iMPORTANT NOTICE To obtain info�nat�on or make a complaint: You may cail the Zurich American Insurance Company, Fidelity and Depasit Company of Maryland or Colonial American Casualty and Surety Company's toll-free telephone nurnber for information or to make a complaint at: 1-800-654-5155 You may contact the Texas Depa.rtment of Insurance to obtain in.foarmation on companies, coverages, rights, or camplaints at: 1-8Q0-252-3439 You may write the Texas Department of Insurance: P.O. Box 149�04 Austin, TX 7$714-9104 FAX # (S12) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premiu� or about a claim, you should first contact Zurich American Insurance Cornpany, Fidelity and Depasit Company of Maryland or Colonial American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas Department af Insurance. ATTACH THIS N4TICE TO YOUR POLICY: This notice is for information only and does not become a part or candition of the attached document. 58543f�T3� Certificate Of Completion Envelope Id: 89EC6AE523EF4489B951968895F65E4C Subject: City Council Docusign Item - 6389 Source Envelope: Document Pages: 33 Signatures: 4 Supplemental Document Pages: 0 Initials: 0 Certificate Pages: 6 AutoNav: Enabled Payments: 0 Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking Status: Original 6/13/2017 8:27:51 AM Signer Events Karen E. Smith karen.smith@cityofdenton.com Interim Purchasing Manager City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jean Abiassi Jean.Abiassi@Zachrycorp.com President & COO Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 6/14/2017 8:36:53 AM ID:8ed4db18-2919-46c5-85df-3735d7738ea1 Jennifer DeCurtis jennifer.decurtis@cityofdenton.com Deputy City Attorney City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Julia Winkley julia.winkley@cityofdenton.com Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Holder: Karen E. Smith karen.smith@cityofdenton.com Signature I � Using IPAddress: 129.120.6.150 DocuSigned by: ,�,a�, Ql�iaSSi 88588257EEA2447... Using IPAddress: 12.68.242.131 Signed using mobile D Sgndby xv-' � f . 5972538AC4584B9... Using IPAddress: 129.120.6.150 • + - -�; Using IPAddress: 129.120.6.150 Status: Completed Envelope Originator: Karen E. Smith karen.smith@cityofdenton.com IP Address: 129.120.6.150 Location: DocuSign Timestamp Sent: 6/13/2017 8:31:05 AM Viewed: 6/13/2017 8:31:18 AM Signed: 6/1 3/201 7 8:31:56 AM Sent: 6/13/2017 8:31:59 AM Resent: 6/13/2017 4:12:21 PM Resent: 6/15/2017 10:30:39 AM Resent: 6/20/2017 12:49:42 PM Viewed: 6/14/2017 8:36:53 AM Signed: 6/20/2017 1:15:14 PM Sent: 6/20/2017 1:15:17 PM Viewed: 6/20/2017 1:57:16 PM Signed: 6/20/2017 1:57:29 PM Sent:6/20/2017 1:57:31 PM Viewed: 6/20/2017 3:20:34 PM Signed: 6/28/2017 9:47:47 AM � , � ��a Signer Events Todd Hileman todd.hileman@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 2/8/2017 6:52:51 PM ID:8154723a-9757-4d53-a4b5-794656233671 Jennifer Walters jennifer.walters@cityofdenton.com City Secretary City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Julia Winkley julia.winkley@cityofdenton.com Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherri Thurman sherri.thurman@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Assistant City Secretary City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Robin Fox Robin.fox@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Signature �000�s�yoea by: ��,�, C�I�A,U, B776C711BAOD454... Using IPAddress: 47.190.47.120 Signed using mobile CDocuSignetl by: Un.�n.lFt,lr �A�.tt,Y'S CSBFAFC1821946D... Using IPAddress: 129.120.6.150 Signature Status Status Status Status Status � � �' Timestamp Sent: 6/28/2017 9:47:51 AM Viewed: 6/28/2017 9:49:28 AM Signed: 6/28/2017 9:49:35 AM Sent: 6/28/2017 9:49:37 AM Viewed: 6/29/2017 10:12:44 AM Signed: 6/29/2017 10:28:52 AM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 6/20/2017 1:15:16 PM Viewed: 6/28/2017 9:46:09 AM Sent: 6/20/2017 1:15:16 PM Sent: 6/28/2017 9:47:49 AM Viewed: 6/28/2017 1:01:36 PM Sent: 6/28/2017 9:47:49 AM Carbon Copy Events Status Accepted: 10/9/2015 1:39:51 PM ID:04463961-03db-4c4d-9228-d660d6146ed6 Jennifer Bridges jennifer. bridges@cityofdenton.com Procurement Assistant City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Assistant City Secretary City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Noreen Housewright noreen.housewright@cityofdenton.com Senior Transportation Engineer City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Annie Bunger annie.bunger@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary Events Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed � � �' � � �" � � �' Signature Status Hashed/Encrypted Security Checked Security Checked Security Checked Timestamp Sent: 6/29/2017 10:28:55 AM Sent: 6/29/2017 10:28:56 AM Viewed: 6/29/2017 10:34:18 AM Sent: 6/29/2017 10:28:57 AM Sent: 6/29/2017 10:28:59 AM Viewed: 6/29/2017 10:30:43 AM Timestamp Timestamps 6/29/2017 10:28:59 AM 6/29/2017 10:28:59 AM 6/29/2017 10:28:59 AM 6/29/2017 10:28:59 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 4/20/2015 9:25:38 AM Parties agreed to: Jean Abiassi, Todd Hileman, Robin Fox ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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PERFORMANCE BOND Bond Number: Zurich: 9186988 STATE OF TEXAS § Pacific: 82392336 COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Z��•� ��.��C�•��tit�;�m� �'t��a�m«�1�� , � ,,m ,_ Antonio,,,,,, TX 78248-4512, hereinafter called whose address is 2330 N Loo 1604 W San Principal, and ,��ri�l� �i��_..qrr��.i��r��c� 4��N��a��r��k��,i��'�� i��a��k��.��mw��r��r��, corporations organized and existing under the laws of the State of 1�J�w '�c�i�l�, 'i�Vi��c.��, and fully authorized to transact business in the State of Texas, as Sureties, are held and firmly bound unto the Cit�of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of "�'��i��-1�v�: �v`��I,�� ",� ��I�t l lt��claucl �a��mt� �a��,�ma� ��u��►�� l�"��r�..11��•�� w�.��•Ce��r� �� '�� Dollars �"�:3�,�"�7,�1��"�� in lawful money ofthe 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, iirmly by these presents. The amount of this Bond shall automatically be increased by any Change Order or Supplemental Agreement, however, increases to this bond and the Contract price shall not exceed twenty-five (25) percent in the aggregate of the original authorization contract amount, in accordance with Texas Local Government Code 252.048, 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 IFB # 6389, with the City of Denton, the Owner, dated the _27th_day of June A.D. 2017, for IFI3 #„ 63_�9- _._Ma� ��I]__R.�� ...._A1Va��n�n� ,„m,&, 1�� :�� v�x��c�r�t�;m ��...... NOW, THEREFORE, if the Principal shall 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 fulfll all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may 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 workmanship 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 defciency, then this obligation shall be void; otherwise, it shall remain in full force and effect. Contract # 6389 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 Sureties, 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 Sureties herein as the Resident Agent in Bexar 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 two copies, each one of which shall be deemed an original, this the 29th day of June, 2017. ATTEST: � B Y. " ��f� °��,� �� ' �� ..�"��' �� , ��W� �;�'��';� �� .� � ��ro �- .5��s�� - � ATTEST: PRINCIPAL Zachry '��Cr��tic�r� ��u°E� ��ti�ar� r' �,�� . BY: Mr. Jean J. Abiassi, P.E. PRESIDENT AND CHIEF OPERATING OFFICER SURETIES: Zurich American Insurance Company �"`f� Pacific Indemnity Company � �"� � '�r ,�° � w- . ��,r� �r' �� .. � ,. . . ,�^ BY: � , �'�� .. . �....m �.�� Catherine M. Ma�twr��z W tltltltltltltltlWm $y„ ��«� � DEBORAH L. ,1 C� � ATTORNEY-�l"�1��°�^��"T " ,��,��T�. The Resident Agent of the Surety for delivery of notice and service of the process is: NAME: Logwood Insurance Agency, Inc. STREET ADDRESS: 2330 N. Loop 1604 W., San Antonio, TX 78248 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) Contract # 6389 STATE OF TEXAS COUNTY OF DENTON PAYMENT BOND Bond Number: Zurich: 9186988 Pacific: 82392336 KNOW ALL MEN BY THESE PRESENTS: That ��.��l�N�� ;"��a��r�l�a�s�� i� c��li��r� whose address is � �„�� 1'�I L�� "4�v', ��z�� rrt��rm��, °I"h "� �"��_w��wk �„� hereinafter called Principal, and �t��-�ala �r��c�m�i�,�r� Ir��r�z��a;,� C'��r�,��r� .�..1,�m�bs��:.ic_�i��ic��er��! ��m��r��, corporations organized and existing under the laws of the State of �N��v �''t�� W��s��-��;ir�, and fully authorized to transact business in the State of Texas, as Sureties, are held and firmly bound unto the Citv 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 improvements hereinafter referred to, in the penal sum of "ll��m°�r-fi�� v9i�li�.�� k;��,k�� u�a�I�M�� ;��re��tv-��r�� "l�l�c��1� l'rrG�x° [➢��rr�ir°��i ]�`��i�.�.:t�� o"�,(�(�mDollars (��7..��#�1 �4,�� 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, frmly by these presents. The amount of this Bond shall automatically be increased by any Change Order or Supplemental Agreement, however, increases to this bond and the Contract price shall not exceed twenty-five (25) percent in the aggregate of the original authorization contract amount, in accordance with Texas Local Government Code, Section 252.048, 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, identifed by IFB # 6389, with the City of Denton, the Owner, dated the _27th_day of June A.D. 2017, for IF� # 63�9m �Ia h�0i11__ ��c��l, "�r'��l��ir�,� �, �c��v�r��,�tt�.: NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifcations to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full 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 Sureties, 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, Specifcations, 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. Contract # 6389 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 Sureties herein as the Resident Agent in Bexar 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 WITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the 29th day of June, 2017. ATTEST;• BY � �� .......... .��., � ` �� ' ��°��a'S"�°.ecw� ��,a-��,�a� PRINCIPAL Zachry Construction ��;.�r� � ��C�ac�rr � � „, �°� "�� ,"�_��,�- �� Mr. Jean J. Abiassi, P.E BY;� � PRESIDENT AND CHIEF OPERATING OFFICER ATTEST: SURETIES • �° �' ° Company � � � " f -,:w- . Pacific I�ac��n�r �a��I�nsur�a�nce Zuric Am �� BY: � �'� �� ,� ��.,� .�� ;.�. ...._ .... ........ BY: � ��,�� w��F Catherine M. Martinez .�� DEBORAH L. .� G ATTORNEY-N� �� '��, � �� The Resident Agent of the Surety for delivery of notice and service of the process is: NAME: Logwood Insurance Agency, Inc. STREET ADDRESS: 2330 N. Loop 1604 W., San Antonio, TX 78248 (NOTE: Date of Payment Bond must be date of Contract. corporation, give a person's name.) Contract # 6389 If Resident Agent is not a ! � • i , ,.:,.. �' � . 1 � ,:. f � � .: .,:: � I � �:T �./ � I � '; �' � • ! � • � � • • • �. �. � � � •� � I i. ... �' � � �� . �.. # * �'�:�. � � t . r . � .� ' � . ��.. � �� .,� ■ a r�! , . # ' ��.�� 1. . f � � ! •• # .. # .. � • •� . r � � •� ♦ �. r. � i� 1� '�� -#��'��. �, � -r � '� �� -�� .� � . r ��; _ - - � �� - . . � .,�.� r . ��-► - � r��• r - , . � � . -� t♦� - '�,� � c w ��; � �� s� �� # ' � 4 • : " , ! ;., �r i ■ �� . � , , i� 1 � , i� • r � � I , � � � ^ , � - . . . � ,� � � . , � . . ��. . w^� ��'� . � �, �`��, . �� r . n i , ua � n i • i, i ., ! I,.I 1 1 Fr � I i I' I'� i I� ,• �. � I v, f A� �� tl , s� � ` •��.��. w �'�. 1 ��.... M1�..'. ��.,. < �: ; i �, � ' 1, ; ' �, .,.. � ... � i '�. ��, � 1 1 . � �� i ! , ��. � � . ' � � . 7 . f � ! . '�, .: �.. � � �' � ., �: r 1 � . 1 '.. ' !. .� i :" 1 f � ..' � � " � . �,, ' ` �'. � ' .. : � . � a � � r � � ��.. � � � � �. .y. • • . .' * �. . " ' - " " • � _... - �.:. * A .. '�. i . � i �... . � � a� � � * * a �� .. � w -� # , . � �'_ __ .. -� �- � _ R , � � +�,� �,� .� �# �_ ,�� ; � * � x •w� r; + The said Vice President does hereby certify that the extract set forth on the reverse side hereaf is a true copy of Article i�, Seceion �, of the By�Laws of said �om�anies, and is now in f'arce. . ;� . _ . - w��. , � . • A � r,-� . , . � . . � � -� � � -�� a " , ■ � ii " � 1 . � � � '' . . �� .: � �. � � .: �� i 1' 1 ! : ' � i �' . � ; 1 � 'I � . • ', . s ' � + r 1 I � 1 �1 '� �! /! I' I 1 I < 1% �,p+�� . ��zy �drya,�r� . � .� ��'� � � �� ;� � �� ,,,"� � "� � °�+ � � �' �� Vice President Michael Bond . �. �� .", � r M -��r �- � �� - * i� � � �� t -u � , ti 1- ! . „ +; r� , � � i �S, � . . . � � . �, � � . � ; � a � �.. f � . �. . � r � . . . . .. � � 1� �, �. ' #li ' + � . • � y, .r . . . i1 � '. �..i, � I . A ! 1 . . � 11 � . . .f ��.� " f +�...g . . . • �,-�M� . . �f. I. �.�` . 1 ,�.�. f�.:� f �! 1 1' f Y. 1,.�..�. � /,;�#w M,.: IN TESTIIVIOI�lY WHEItEOF, I have hereunto set my hand and affixed my Official Seal4he day and year first above written. ��rw�,iAtl�r�;�✓ ,�w +�W �',� ""�+ � Et�'rp,�� ' g� f { � �'� �� : p p°��,,/� � � p C. P��..,�'"� \��iraw-w.4�„`,.. d�'q��d'zl IC �yt 4 �?�..�.,�LL.0 '�^"W"��C f99 I w", . �'�4i1P�XY9VLk�5 �' s # y .. 1 A ��. �►..: .♦.. . i i ��+ �0 ' 1 .,* � * �> r � °'Article V, Section 8, �M��ra iat�'�_onti C�z�,p;. The �hi��`�xecutive �£fic�r, ihe President, or azay �xecutive Vice �resident or Vic� Presideni rraay, by °tten iras m�a�t under the at�ested e�rporai� s�al, appoint atts�aneys-in-£act with anthcrr�t}r to ex�cute br�nds, policies, recogn�zaraces, stipulatians, und alcings, o� oth�r l�ke ins ments c�n behalf af th� �amparay, and ma}r auihorize y��cer s�r any suc� attorn�y-ira-£�ct tcs affi�c th� c�r�aorate seal ther�t�, and rnay �vit�r oa� �,vithaut cause rnodif}r s�f revoYC� y s�zct� a�spa�iax�xxzent or authority at aray tirra�." C TI I� `f I, the unde�sign�d, �1ice �resid�nt of the �LJiLT�I-� �IZI� II�ISU �E CC}1V�1' Y, �ce �I�I.C)NT ERIC �ASL7AI.7'Y T) SiJ T'I' CC9A/IP I', d the �'iT3EI,IT� T3 I)�P(7SIT ��iV�l' �I OF' li� �, 1�, d�t hereby c a�'}r that th� fa�regoi�g Pcs�er of A�t�a-raey �s st�ll in full fa�rc� arad effeci �n �he dat� ca�° thzs � ificat�; and I d� fii �� certzfy th�i i�le �1, Secti�n 8, of th� �y-L,awrs of the �ompani�s is still gn force, This Power of Attomey and Certificate may be signed by facsimile under and by anthority of the following resolution of the Board of Directors of the ZURTCH AMERTCAN INSURANCB COMPANY at a meeting duly called and held on the 15th day of December 1998. SOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be a�xed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signatuxe and seal shall be valid and binding on the Company." This Power of Attomey and Certificate may be sagned by facsamile under and by authority of the follawing resolntion of the Board of Directors of the COLONI ERTC CASU TY D SU TY COMP at a meeting duly called and held on the Sth day of May, 1994, and the follawing resolution of the Board of Directors of the FIDBLITI' AND DEPOSTT COMPANY OP MARYLAND at a meeting duly calIed and held on the l Oth day of May, 199d. SCiLV�I3e " at th� f�csirrzile or mechanica�ly r�produced se�l of th� cornpa�}r and facsyrtxil� or zn�chanically a�eproduced signaeiir� �sf any Vzce�I�resid�ni, Secr�tary, ssr �,ssxstac�t Secretary cs£ the �o�xap y, wheth�r m�ide heret�fc�re or h�r�aft�, wherevez° app�arirag upon a c�r�ified copy o�` any p��✓er t�f attssrza�y issu�d by th� �omP Y, shall be va�id and binding upt�ra ih� Corc��s�ray wiih t�a� sam� �`e�rc� �nd e�f`eci as though rnar�ually a�`fixed. �1 '��' 1"IP+��"��J"�' 1 i� f�.E;C?I^„ � Bzczv� 9a�: ��cr saabs�rib�d m}� n e and a�xed th� corporaie seals of th� said �oz�panies, Cdaa��""'� cf';a;v c,� � a�'�"� a�"�'�---- �%��... �� w• �� r�,�� .��t�q� � +�, +� ��».,. �a a�'�,s' �*r�,��': �^ '"� " � �d� � ��. . . �" �'t" a'"s w�" �+� , . �e� � �� ti 7�r � ��wl� " � � d "",, ,r a�z . �7,� �,.� �"�� ''�""'"'a u » v�n�w.+� ,I� � r(..hr �� ,,. �,1 Gerald F. Hal y� � �...�...........�...._w�......�m e Vice President �y f f� I� r' � � � � I� ! Rk r �� l�� [ � � � � � � � ..,.. � * r � .:.. �. ,. � 1 I' 1 . '.' � � �� i ♦f 1 f ��' s�� w �� . ��, �mm�Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigflant Insurance Company 15 Mountain View Road Surety ATTORNEY pacific indemnity Company Warren, NJ 07059 . n a : , �, ,,.. , p� «, m ,+� � �. � � � , � , � � 4 a c �Y r *r , • . r ""' M AY' " � > � w wr� ar ,y .y „ ,� , � . a� sr M IM ° N � . i � , m . w � � �, , � � . rr :� . . ;� : !W �w ., �, M � , ,w M • � each ae thelr tn�e end lawful Attomey- In- Fact la execute under such designatlon In thelr names and to aihx thelr corporate seals ta and dellver far and on their behalf as sureiy thereon or othervvise, honds and undertakings and other wrHings obllgatory In the nature lhereot (other then ball 6onds} given ar executed In lhe cowse of business, and any Instruments amending or altering the 9ame, and consenta to the modiflcaUon or atteration of ar�y instrument refemed to In sald bonds or obligatfons. In IMtnese Whereof, Sald ��ERAL IM�4J�CpM�� COM�INY, V141LANT INSURANCE COMPANY, and PACIFIC INDEMNITY C0INPAM' have eaclti executed and attestad tnese presents and atr�ced ch�wr corpornt� ��s am this 8 day or January, 2015. a�wrrn 1uS, Chian�ro�, Az��N�tr�r7� ��tap�y ��w�� , �� 6, ��:„��o �� i . � County of SomeBet ..� , '� ��t� "*��..�. z P ��,��; On tfils 8"' day or January� 2015 be�ore me, a Notary Publlc of New Jarsey, personally came Dawn M. Chloros, to me known lo be Asslatanl Secretary of FEDERAI INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMMITY COMPANY, the campanies which executed the furegoing Power of Attomey, and the said bawn M. Chloros, being by me duly swom, did depose and say lha! she is Assistant Secretary oi FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNIIY COMPANY and knows the corporate seals lhereof, that the seals affixed to the ioregoing Power of Attomey are such corporate seals and were thereto �a�dx�d by authority of the By- Laws of said Companies; and that ahe siAned safd Power of Atlomey as Asslstant Secretary ot aefd Companfea by Ilke authorlty; and that ahe is acquainted with David B. Mortis, Jr., and knows him to be Vlce President of said Companles; and that the slgnature oT Davtd B. Norris, Jr., subscribed to sald Power of Attomey is in the genuine handwriting of David B. Nortis, Jr., and was thereto subscribed by authority of said By- Laws end In deponent's presence. Notarlal Seal " '�°' M�A�"�I��N�#� �. ��k,A'4� �+�TAR,� � i��Y 1�t��.t� �� aF"� �i��"� .��o ,�y �Paa.,��1G�� `�"�''��r G�w��rr��wn �x�� 1r�ly �6, �U�� I � � �. ._ � ._�. www...... �.��.m_ �_ Mcat�r� N�r��luc ExtraG from the By- Lews of FEDERAL fNSURANCE COMPANY, VIGILAMT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'All powers of attomey for and on behalf of the Company may end shall be executed in lhe name and on behalf of the Company, either by the Chalrman or the President or a Vice Presldent or en Assistant Vfce Presldenl, )olnlly with fhe Secretary or an Aseiatant Secretary, under their respedlve deslgnatlans. The Signatvre of such o�cers may be engraved, prir�ted ar INhogrephed. The signature of each ot the fotlowing o�icers: Chairman, President, any Vlca Presldent, any Asaistant Vice President, any 5ecretary, any Asslstant Secretsry and lhe seal of the Carnpany may be aRxed by Eacsimile lo any power of attomey or to any ceRificate relating U�ereto appoin�ng Assisfant Secretaries or Aqomeys- in- Facl for purposes onty of executing and attesting bonds and undertakings and other writings obligatary in the nature thereo[, and any such power oi aitamey or ceNFcete 6earing such facsimile signature or iaceimile seal shali be valid and binding upon the Company and any such power sa executed and ceAlfled by such fecsimlle sfgnature and lacsimlle seal shall be valid and binding upon the Company wfth respect to any bond or undertaking to which it is attached.' I, Dawn M. Chloros, Assisteni Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACfFIC INDEMNITY COMPANY (the'Compenies") do hereby certliy that (f) the foregoing extract of the By- Laws a1 the Companies is trve and correct, (II) the Companfes are duly Ilcensed and autt�orized to transact surety buslness in all 50 of ihe United Slates ai Amertca and the Dislrlct of Columbfa and are authortzed by the U.S. Treasury DepeAmerri; iurther, Federal and Vgilant are licensed in the U.S. Vlrgln islands, and Federel is Ilcensed In Guam, PueRo Rloo, and each ot the Provinoes of Canada except Prince Edward Island; and (iii) the foreyoing Pawer o} Ariomey is hue, correct end in full force and eRect. Given under my hand and seals of safd Companies at Warren, NJ this J u ne 29, 2� � 7 �"��" �` "��!" ,d�, �r „� r ��,� � � �� ,,� � �;��,. w,..�. ,x � w�. . �� .... �.. ��..� ra�w�� a�. �r��, �� r�� IT� � NOTIFY US OF ANY OTHER MATiER, PLEASE CONTACT US AT ADDRESS ..�..�..._,.�,,. �� IN THE EVENF YiY� WISH TO fiUTIFY US OF A CLAIM, VERIFY THE AUTMENTICITY OF THIS BOND OR t,68i��ilk�f?%�C,CM�tqY 7+alepla�ne�� »�:34�;� ��x 9�:7� fYi��:'9Ci*rE� a�•tt��A; e�rr r.�mu#a�c¢am _,... ...._ Fotm 15-10- 0225& U GEN COMSENT (rev. 12-14) Zurich American Insurance C�� Fidelit and De osit Com ., �� a��r land Colonial American �� Suret Com an � Y Y p Y Home Office: 1400 American Lane, Schaumburg, Illinois 60196 � � r , �; To obtain information or make a complaint: You may call the Zurich American Insurance Company, Fidelity and Deposit Company of Maryland or Colonial American Casualty and Surety Company's toll-free telephone number for information or to make a complaint at: 1-800-654-5155 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or about a claim, you should first contact Zurich American Insurance Company, Fidelity and Deposit Company of Maryland or Colonial American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS ��4� � l��"��+.� TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. 58543f(TX) ,�, ,,, , , , � y� ,,. y` �� ` �� ; � � „"I'. !;� " �1"i . � �' a: � � �, . a� �� . � :'�, a�� ► a� r ,�� M �� ,,� , o �x 1491 4 Au�ti , 7�71 �91 4 A (512) 475�1771 '��'t�a htip��r�ar��r t�:i�.�;��tc�.txa�s ��a-��ils Cr��u.�r��cp�`��,�csrt t i.sta��,tx. s � . . ` Il"; ,. - ,. - �:, � , , i �, � , , � �k � �� -r . �� ; . �� . ;�; ' �; 1 %' � �'� „ ,,, �' '�" �M; � l 4 �-�' r,... ,. �:c,. �iC� (D l� C;C lllfOl'111�C10 C7 �l"� SO �t�C Llil� qu�j�: f, ��'�, ��, � � � r �, ; , � � : x-�� ; � ��. �. � - ; ,�h ; tl"! i�aF�� d� escr�bir al I)epart�rrY�r�tc� d� S��r�s d� T�xas m m �x 1491 4 A sti , 7 714�91 (512) 475-1771 �''�;��: htt�.fi'��e�� a��i.��::,tx,tts �A��:�il: ��ro�r�1-�r:��.��:ica t �,st�t�,tx. s �w � � �' �� N �" "°; +� �h, � � :" �k . �� il,p'��`� p'�ef ��°��°��.�N.9,! i'(�I��dl,��f1q�:"�1�� iC"Nil�� O � (1 r��V#��a�, ��.I�� :�:��m��X��.��M«�� a��a�� m��N�°��rc�. S► r�� s� r�su�� l� disputa, pu�de �r�tr�r�ces ��rr�unicars� cor� �1 d�p�rt�er�tca (T'DI�, ,%. ��" , , f „� ., . �ii' +'. � " �� .� �i �„ �:, ., � � i I""�,I + � � ��', � i � . ��'� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIVYYY) THIS CERTIFICATE IS ISSUED 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 have ADDITIONAL INSURED provisions or 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 WOI'thaPTl SaCI AlltOfllO �I1C. s��,��`�� l��pr�:� ��uN��'�o�;�r"M ,,,,,, ,,,,,. 131 Inter��rk Blvd. w�� -�� (�a„ra� 27r�-��-x�� San Ant�a�a�, TX 78216 ��;��,�°°`��' � � n�r�a�a��s; k�r�w��cata�rua��mz��w��GN��rp°p��o�s�aA�arr�a°�cf�rr� INSl1RERISIAFFOR�INGCOVERAGE I� NAICi! �rnr. w o rt h a en i n s u ra n c e. co m INSURED Zachry Construction Corporation P.O. Box 33240 San Antonio TX 78265-3240 iNsuReRn: Zurich American Insurance C INSURER,B : INSl1RER C : COVERAGES ��RTifC�a4�E N�3NhB�R. ��y�;��,��3�7 REVISION NI��JI��F�; 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 CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNSFt" ....... ......... ......... ......... iADUL SdBR... ..... ....... {��2�,bCY FY�� N�C�ptl..1C:Y �%� ......... ......... ....LIMITS .... ........ TYPE OF INSURANCE POLICY NUMBER � AdIhMR�Y�P'�Yti"'M CdV�IVfY�CMlYYl1YV �.T� � ...__�� A I �;+ COMMERCIALGENERALLIABILITY GLO5967281-09 5/1/2017 5/1/2018 ��CHOCCURRENCE $ 2,000,000 I r�An�A�� rG �z��LT�a $ 2,OOO,QOO ...� CLAIMS-MADE ��,/�.J OCCUR PREMISES(Eaoccurrencej ,,,,, � nne r� �x� �anY �n� �ar.5on} � 10,000 PERsoNa� a aov iNJURr � 2,000,000 G.F.N'Lf�s,�z4�I";';r�%C"LIMITApPLIFS�'ER: GENERALAGGREGATE � 4,000,000 �al..lcv I�r I PRa � I..ac ��ar.aUCTs .�c�nnPlor� a�c $ 4,000,000 JECT ..... �:� I fl R�.F'd; � .... �.�.�.�...�. ...... . � ..... �.. .... �........ �_�,.�........ ...�...........__.._� A nuronnoei�euneiurr B�,P5967264-Q9 5/1/2017 �5/1/2018 �;��,�i��:��;�ryf�"�G'��_�-A°'��' � 2,Qp0,OQCb �_.....I AIVY FlUT�O 6(Jf711 Y INJURY (C'er �rerspn} � ..... .... . �� OWNF'D I �� SCHEDULED Eipf711 Y INJURY (Per �ceider�t} � w�� AUTOSQIVLY ( ✓.� AUTOS — — �"`� ` AU�iOS OIVLY ! ✓ � AUTOS ONLY O,i'f°�� i� ��7�� ; HIft�D NON-OWNED f �� n... _ _�... ��_... � .... ........ ...�� ..... ............_ UMBRELLALIAB OCCUR EACH(7�CUFtF2EPdCE $ .._. EXCESS LIAB ......... CLAIMS-R11ADE AGGF2.F..GATE.... ......... $ ......... ......... . , ..... ........ ......... ... ........ ......... ....... ....... ......... f$ A AN PRo R� EOR P ABNOTM xEcu �/C5967263-Q9 ��..��.._� 5/9/2CI17 5/1/2018 ,� ... oeo � < � r:._.... ... . ......__ . ....�..� ✓..� ��n�rur� � I °ra" ; TIVE �"�"� E L EACH ACCIDENT �$ �,OOO,OO�'�� t7FFICER/MEMBERE7(CLUDED? N N�A AII St�4�S EMC@pt: " �"� �� ` �� If y s�desc ibe�u�nder � ivd, dpi, �/�/A, �f`( . _.,,,,,.. ...ITITITITIT E L DISEASE - EA EMPLOYEE� $ ......... .......2,Q��,��Q I a�SCRIPTION OF OPEftATIONS below F.. L DISEASF POI.JC'Y f..I�IIT ($ ?,OO�,I�OQ � � .�_....�.�. ... _ �._.�. ..................... ...w ... ........ ........ . .. . ... DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addltlonal Remarks Schedule, may be attached if more apace Is requlred) �' I�"�3 �3�3� �?B�;yY�iql Nt�a��%�^,ric��M�ui�r} �rr�c! iiArv��dc�v�;rrl��atits (f:rn�r,ara�cic� E�9vd'rc� �IcN�i�ir7,��r "�t� »q a'u:ur�r��fE��eau� � i9,� F^r��gGmir¢ � M3(� dr.�r� vuciht�kru M �;G • �:M a� .�ti or rt��l��ira16.. cN7�ir��r�cfl tr�.f�ac� t�r� a�:x�ir�.��aa�¢� �}�ak�,", �e� 6�raa�s i..4�,1 4��UJ�,(�W sl��ul�9 ��q�y a�1 4�� I� t��s c�u.s�ri��r� eaa7 n6r� r.rki�iu�t� �a� s°��u��l� �Y�.��+��L�U�r�ci'w"u"4��w� ��St�c��N��b i."ity aad f�a�q�rt�r� it� �7tifi�a,dls, ,��t oiaw, ��p��ayc:�:s �d�cd �vtiwl�rnha:a�rs �ar��; d4�faatit��7�rB Ir�:�u+r�,r9 6��u�ru��aw�y AsA7�d N�f��r�• �°��¢�4�ik��ktcror�y i�asi�� pa�r Co�r��s ��L � �� 1 G� u;UV �,�ti�4E� ��i�u��d. 'w'"u"�dv�r �� ,��re��w �dN¢�rm z�p�y�gk�s Y�ar (��R�y �af G:��r�tl��rA, CE� �i'��.��9s, ��a�xr��;� �. �r��ap�y��*� z�r�a� vt�Vurrt��e*� tr�w' �pit,y wa�A°k ��r��r.rcwp�s��' t�r d�� gk,�^ �e�r fo��a�� 4, ��+��4�� z�a7ad �+Pf'��tblD:��,.� ��rrR��r1 CERTIFICATE HC]tsCdE�. �C� f 4�'� C�f�11��1 F"�r�h��ir�c� �� rk�u��a� �C�'I�C� ��x�� m�� I.��M'��C'}G"tl � � a�� A�O�D 25 (2016/d3� CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZEDREPRESENTATIVE _/. ,�,� � . �� 1� r� John L. VVor2ham � Son, L.P O 19 ��2015 AC� �� P� AT'I� o All ri hts re�� ed, Th� A��R� r��rro� and logc� a,re r�gist�r�d rro�rks �f ACC�� 35636280 I 22HHZINC � 17/1B Standard w/lOMil Umb �(SAi Karen Bohannan � 5/15/2017 2:"L0:26 PM (CDT) � Page 1 of 11 Zachry Construction Corporation � o�ifMcatio �o t ers of Ca ce�Mat�an Z tC � Pali�y No. E91. Dete al Pal. Exp. Date of Pol. EH. DtUe of End. Prcducer No. Add'I, Prem Fieturn Prem. BAP5967264-0 5/1/2017 5/1/2018 THlS ENDORSEIU�NT CHANGES THE POLICY. PLEASE FEAD IT CAF�FULLY. This endorserr�nt modifies insurdnce provided under the: Co Automoblle Cov�r�� ParE A If we cancel this Coverage Part by written notice to the first Named Insured for any re�son other ihan nonpayrr�nt ot premium, we will rnail or deliaer a copy of such written notioe of cancellation: 1. To the name and address corresponding to each person or organization shawn in the Scheclule below; and 2 At least 10 days priar to the effective date of the cancellation, as advised in our �otioe to the first Named Insured, or the longer number of days notice if indicated in the Schedule belaw, B. If we canoel this Coverage Part by written notice to the first Named Insured for nonpayment of premium, we will maii or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization sh�wn in the Schedule below at least 10 days prior to the effectfve date of such cancellation. C. If notice as described in Paragraphs A or B. of this endorsement is maiEed, proof of rn�ifing wiJ! be sufficient praof of such notice. SCHEDULE and Addresa of OTher Pe�son(a) / Orgar��atbn(s): Number of DayS Notice: _.._.... y � �__�........... � ............................................_............... �......�� Cit of Dentoh Q � aenton i 7�205 ..._............ � . i All other terms and conditions of this policy rerr�in unchanged. u�A�,2-n cw �osr �a� Page 1 a} 1 Includes copyrightsd ma�rlal 01 Insurance Servioes Ottice, Inc., with its parmis�on. i,s��a��+�, �:��.�,Yrai��iiu<r I��,i�u¢,�,��U�r��'��,��u�i�o�� r.�vno, � d�;a��1 i��r=��r�:,,i,,��,��,�, �� i��Wu��r .ai.��,a�s ir�v '�i:,�� I u�xr �:��, ,i�� u. POLICY NUMBER: GL05967261-09 COMNERCIAL AUTO CA 20 481013 THIS ENDORSEMENT CHANGES THE POLJCY. PLEASE READ IT CAREFULLY. � a ' � " � : • � • '� �N � • � :� • "" °� This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Zachry Construction Corporation Endorsement Effective Date: 5/15/2017 SCHEDULE a ��r r►(�� r rg�r�i��tirrn��: ANY PFaRSQN OFt QRGATrTIZ�1.T'ION 'TO GVFIC?M C?R G��ITCfI YOU AFtE FtE�QL1IRF�D T'C} F'RQVIDE �I�DIT�C}NNAL ICrT�LTREIa STATTJ� OR ADDITIQNAL� IN�CtI�ED STATUS OI`t �� PFLTM�FtY, NC?1�T—CQI�TTRIF3L1TOEiY Ei��IS, II�T � WRITTE,N CC}NT'RF�CT OR �n1RITT'EN ACaE�E,F�MF_�T'�7T E�ECUT'EZa F'RIOEi TC} LOSSB EXCE��'T' WEIE�F2I^� itTCH COI�TT'f$.�CT QR �CRE:�E�MF;I�TT TS P�C7fIIE3ITED Ei`Z L�.W, Inforr�rr�t�we�n &��ia.o��. if not shown �f��awr�. �viA4 �� s�t�wr�� gc� 1h� �9c��`��x�ns. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I— Covered Autos Coverages of the Auto Dealers Coverage Form. CA20481013 O Insurance Services Office, Inc., 2011 ��ir�r,ti�r� p a��anrui�vt' p�rjtra �<?u�.Uu�,t,��r�� w��l�rawr�t i�.nr��, p r��roak nr�� .�, ��c,a��a��,�,, � ��,��/��rr,�i,��r >:�r��o, r�rvr v�u��ri I ��,�Fu::� �,. i:i. Page 1 of 1 5/15/2017 Zachry Construction Corporation .� ! . • ° , - . • � ... .� �, �. ' ; �, .: � !•' -• ' . - .� •- , ' � , �Iw . ;, �11 �; ` , � � � � '�` I �"" � i � �� „ � " � .� � � This endorsement modifies insurance provided under the following: AUTO QEALERS COVERAGE FORM BUSINE55 AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless mod�ed by 4he endorsement. �:1��I11�a Name(s) Of Person(s) Or Organlzation(s): �r°��' per��r� �r �rgar€��ti�r� ��r � �� p��t��r�� °�� S��a° � v��ri��d� c��tr�ct �'the c�r�tract r��dir°�� r��d� #o ��,�� ti�r� ��m��r�t �r�r� �r�b l��.r�� nly �f th� c�r�tr��t i� ��x��a��t�� to �k�� Nr��a�� m ��rn��r�� r��M.�r�riwac�,. Premium: $ _ ....._. ....�, , .. Information w�quic��d to campl�t� this Schedule if not shown above will be shown in the Declarations. The 7ransfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "aecidenY' or the "loss" under a contract with that person or organization. �;� ��, �,�. °��, �� Il�a��w°��w�� u�li�� 7�°��,�p Ilu°u�.o ��'� Page 1 of 1 �:�,��szo�� 0 zz��i�arzr�c � �.�r/�a.ua ,su��d�m�a �,/as��s,.,a. arK�t� ( ��nh ��n �,��tp;�,��: ( �/,i.�l��i°r a.:zo�:z� a��a 2eK�c�M I �� a. �,� a.��u. Zachry Construction Corporation �road Form Ad�ditional Insured Coverage — Owners, Lessees Or Contractors — Scheduled Person or Organization ,,;:�,;,; / ', i, �, . Policy No. Eff. Date of Pol„ Exp. Date of PoL Eff. Date of End. Producer No. Add'I. Prem Return Prem, GL05967261-09 5/1/2017 5/1/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Name Of Additional Insured Person(s) Or Or anization s: Location And Descri tion Of Covered O erations ANY PERSON OR ORGANIZATION TO WHOM ANY LOCATION WHERE YOU ARE REQUIRED OR TO WHICH YOU ARE REQUIRED TO TO PROVIDE PRIMARY ADDITIONAL PROVIDE PRIMARY ADDITIONAL INSURED INSURED STATUS IN A WRITTEN IN A WRITTEN CONTRACT OR WRITTEN CONTRACT OR WRITTEN AGREEMENT AGREEMENT EXECUTED PRIOR TO THE EXECUTED PRIOR TO THE LOSS, EXCEPT LOSS, EXCEPT WHERE SUCH CONTRACT WHERE SUCH CONTRACT OR AGREEMENT OR AGREEMENT IS PROHIBITED BY LAW. IS PROHIBITED BY LAW. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule of this endorsement. B. The insurance provided to the additional insured shown in the Schedule of this endorsement applies only to "bodily injury", "property damage" or "personal and advertising injury" covered under Section I— Coverage A— Bodily Injury And Property Damage Liability and Section I— Coverage B— Personal And Advertising Injury Liability, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused: 1. In whole or in part by your acts or omissions or the acts omissions of those acting on your behalf; or 2. Unless prohibited by law, solely by acts or omissions of such additional insured, if coverage for sole acts or omissions of the additional insured is required by written contract or written agreement, and resulting from: a. Your ongoing operations; or b. "Your work" completed as included in the "products-completed operations hazard", perFormed for the additional insured at the location designated and described in the Schedule of this endorsement. However, 1. The Insurance afforded to such additional insured: U-GL-1321-E CW (10/13) Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 35636280 � 22HBZINC � 17/1B Standard w/lOMil Umb �(SA) Karen Bohannan � S/15/2017 2:20:26 PM (CDT) � Page 5 of 11 Only applies to the extent permitted by law; and a. Will not apply to any insurance coverage that is not provided to you in this policy; and 2. If coverage provided to the additional insured is required by a writ�en contract or written agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. C. With respect to the insurance afforded to the additional insured shown in the Schedule of this endorsement the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. D. The additional insured shown in the Schedule of this endorsement must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which such additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this insurance be primary and non-contributory. E. For purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition under Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This Insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this endorsement provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by a written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a , written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. F. With respect to the insurance afforded to the additional insured(s) under this endorsement, the following is added to Section III — Limits Of Insurance: U-GL-1321-E CW (10/13} Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. �;d��,o, wna� I s, uui��uour:� p i n/�� r�,u�,� �a,��c�� ,�,`i�uwi,�. trm�u� p i�n�k p�ar m�ti,i�,,,��,� I��,�i ,� oia.�r .�n..�;, i�� it�i��p I i�,�7; h�,v i:i. If coverage provided to the additional insured is required by a written contract or written agreement, the most we will pay on behalf of the additional insured is the amount of insurance: Required by the written contract or written agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1321-E CW (10/13) Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ��a Ga ru�ct I�?��7a�u,��u� II ur�n�i „�u�p��xi�c�� ui�re�� ¢r�na� I 4��,FI ix.nr��r m�r,�n„ati�, II � u�'zk�,�°r � rc�,�s� i=i� f^°ru��,^) � o��yd, r��r �:i. Zachry Construction Corporation No��ca�on to ��ers of Cancellatio Pdlcy Na. L05967261 Eff. Date o1 Pd. ' Exp, Date of Pd. 5/1/2017 5/1/2018 � Eii. Dste of End. 1 Producer No. II Add'I. Prem THIS ENDORSE PIT CHANC�S THE POLICY. PLEASE READ IT CAF�FULLY. This endorsement modifies insurance pravided under the: Comr�erclal G�eneral L�b�� Coverage Part Llquor Llablllly Coverage Part Products/Compleled Operatbns Liabillty Co�+erage Part � Z R�C Fieturn Prem. A. If we canoel this Coverage Part(s) by written notice to the first Named Insured for any reason other than nonpayment of premium, we will rr�il or deliver a co}�y of such written notice of canceAation: B. C. 1. To the nart�e and address corresponding to each person or argan¢ation shawn in the Schedule be4ow; and 2. At I�st 10 days prior to the effective date of the cancellation, as advised in our notice ta the first Named Insured, or the longer number of days no#ice if indicated in the Schedule beiaw. If we cancel this Cflverage Part(s) by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding tv each person or organization shown in the Schedule below at least 10 days prior to the effective date of such canoellatian. If notice as described in Paragraphs A. or B. of this endofsement is mailed, proaf of mailing will be sufficient proof ot such notice. SCHEDULE . I�eune and Address of �1h� Per94n(S) / Orgar��ation(s): Number of Days Natice: �k� ' n � � 3 0 Cit of Dento _....�._�.... ._ �.....�..�. 901-B Texas S ��t All other terrns and cenditions of this policy remain unchanged. u-c�a aae�n cw �as� ya� Pape 1 ot 1 Inclutles copyriyhted malerlal 01 lnsuranCe Servloes OfflCe, l�c., wHh Ita permissior�. �,�r�, ir �ou�� I �� Amu� �i��r��,^ p� �f i�r rsu ��i�r�c�w �»�, �mn� ��.r��,u S 4.�„�1 ia�dr ��ti ncri��ar� ��„��M ��,� i�.��:i.°a �. �¢��, i nr it°i��r) � P,,��, � 7, a:i. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We h�av� the right to r��a^v�r our p�y��c�� fr�w°�a ��c�a�� li��b�� for an injury ��w�r�� by this policy. We will not enforce our rur�k�t against the p�d°��A� or or��w�i��ticrw� n�r��d in� tY�� k��adule. (This agr��rru��t applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule � ��II�� /��. �Il�� A�'��C�� • � Q4�� D ��' �'�'��N �� Y�. �� II�'� k��'�II� '��II�;� �A�� , �' ��'�� ,�� '�C� �1�� .��;��'� C�F�. ��?�� , � �,. �A� � C�� 4��'��Il� �� .�7V��D �� I�� C3� �C, �� O � ��' Y�J� �°C�� '�" � ��.��P� ��. G3�� ,'��13�, This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 5/1/2017 Policy No. WC5967263-09 Endorsement No. Insured Zachry Construction Corporation � Premium $ a��Faezsa��G��r`��R�14��dk@i��a�l�r6'k�f��E��Q"�t��i�Yi2�� w�or�annaxi � sl:�.slzo:cz z:za:zs �na tczrTt ��asp s or iz Zachry Construction Corporation 5/1/2017 5/1/2018 ��.,.q�1P" 9�a.9Q��1��: �II....��.��,,.�� N�I��"� �I�� I�� .,,@°�""� �� ; � ; � r; a � , n , � I i , �'��m�� u��w��,w��u��w�p�� "��a�u�'u�� 'u�w.w.��u�u«��a��u�� u��^��..aw� uwr�� U'`u��m�lla��m�u�;l,� ��:�d"�'N�'��IIIII�,��'"��.��I� ��° ��'�II�,�'lllww.U:��"�II_ Ill...��l��U...�..u..ma�," �P'�:��':�"''��'�'iiii:�:�".�'��.��:�: IP��,�:µ�.�.. I�'��Illi��.��q��'��,�'�.��'��o�ll�h �.��1�16"w� li��'I��'��M��II'.V�II'i�;��lll ll��w' ��'��„�.�'��'"I��'��c�r��rv'�I��'''��'y.�. �Vn�� Il��u��uu��w� u.� ��::d ��ro II "��u�::��o :��p�� ur��°��w. �� "��„��°��°� �iIC' �'��w��ur.� �u�.��,��r��w.m,!,� �° w�m��.�� "�°:�� W.��u�� i�� °��ui.u� �"'i�� . �"��°w��R��u°��. �'"�°�"°w�'�:�idNV� �pb"q"� V � " �:.lryidb't IIQ`wr,°�"�d�Ilr�l"w+�;P�°�rui�QlYd';��' P" 114 ' II II', I',�,n p"'V I�*�' � II' � ��m�^ �m��;�� N' ,��M�wp��u ��a�� ,�P.u��;�w��'�� ou�.p p:Vum� '�u°��p�;��r:��u.,u�� uP�ll�1�^�+�,'!' �:VF�d r�ll,�!��':" Y�uV� Il�v;��d''�`��°II"��','�rv'�"w+i V�Il��ll�,a'� I��' �tl'h,�, �+ �Y�'. u �� BVII�N�:��'�"aV��,�iiad�!I'� W.tlW.,e'� �w1�1��+�1�!�d�" il'�HWd�dIipQV�:,�N �I'1re84 N+��Q�":W�'p"w S°Wd. °°9�or��:;u�u� ��r��lla"��;uu°�� u�upr�aw�u u� r:�:uu„�� :°II� ��null� W�ua�� p�r�u�r::�u°r �� uu�'8�:m�uu��Pr°�a.n ��,u�:d uu��Vu��:V uu� uUp�^ ux��tu�iGnud ��.. ��aV��.1U��U'�� I��p:V��,��Ml��.�"� �"��II� ��V'�r�°"� IIO�� !"��N�V��V ��mry��'k�1u411�im�� uu��°�� :� ��u�r: p�w�u.��.uy� �;wb. �ryw�� u �°�n�u�.uu� �Vm��4„��.0 �Vm.ii �� ,'�,� �n�r�p..�da ��Il:r��M�+�:^. �� D� �wV ��i t�!lV�rfb(,r ��;r�"It I( C,Wu ��w.✓�� {Yr(" OG�i.�k,& I'��uiil `rli�� I;;l V�F�"I�.1tipf." � Il I!7 7!IC:,vri.Burrl"I. r��,'IiYY.tlrtl. tl:lrrin � l.,�p.t�,l I,rr �xr VWY➢��iiidniav. 9:�itl .1:1.."1 ` I u':'i� 11�0 +"Il:i,l'1 {p"r.:l.f:l tl 1..➢. ��I ��.� III �°m� .m I�I WORKEF� COMPENSATION AND EMPLOYERS LWBILITY INSURANCE POLICY NOTIFICATION TQ OTHER$ OF CANCELLATION ENpORSEMENT This endorsernent is used to add the fallowing ta Part Six of the policy, PAR'T SIX CONDITIONS WC 99 06 �i A If we cancel this policy by written notice to you for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corrasponding to each person or organization shown in the Schedula below. Notification to such person or organization will be provided at least 10 days prior ta the effectnre date of the cancellation, as a�vised in our notice to you, or #he longer number of days notice if indicated in the Schedule below. B. If we canoel this policy by written notice to you for nonpayment o# premium, we will mail or deliver a copy of such written notice o# canceilation to the name and address corresponding to each person or organization shown in the Schedule below at least i0 days prior to ttre effective date of such cancellatian. C. li notice as described in Paragraphs A or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice, All other terms and canditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is eifective on the date issued unless otherwise stated. (The Irdortnatlon b�low Is eequlr�d onty wh�n thls endo�semeM I� lasusd nt lo prmparatlon d the pol[cy.) Endorsement Etfecllve 5l15/2017 Insured Zachry Construction Corporation Insurance Com pany Policy No. WC5967263-09 EndorsEment No. Premium $ WC 99 06 33 (Ed. 05-10) Includes copyriphmd rnaterial al National Council an Compensation Insurance, Inc. with its permis�on. P8� 1 Of 1 tr�eurod Copy �s�.,�� +ar�i I��r uPm ir��;w p i� iio ,,,��rU�mi��,a,��,�iriw��i. ��r�R�u, I i��1� ir�� , ii�,:��r,�,��,�� I�� u,��a:im ��.�,s�� ci� WWi;ru�1 I i �a :i.,p ,,i i��. DocuSign Envelope ID: 4AC63698-A740-44E8-A9E4-7F472CC910DA �a ; , -. �__ r =- � - aaaaaa,— � � Docusign City Manager Approval Transmittal Coversheet IFB 6389 File Name Mayhill Road Widening & Improvements Purchasing Contact Karen smith Contract Value 35,11z,367.00 Piggy Back Option no Contract Expiration 2/Zozo DocuSign Envelope ID: 4AC63698-A740-44E8-A9E4-7F472CC910DA DATE: DEPARTMENT: ACM: SUBJECT Request for City Manager Approval of Purchase 12/12/17 Materials Management Mario Canizares Questions concerning this acquisition may be directed to Todd Estes 349-8917. Consider adoption of an Ordinance authorizing the City Manager to execute Change Order Number 3 to the contract between the City of Denton and Zachry Construction Corporation; providing for the expenditure of funds there for; and providing an effective date (Bid 6389 — Mayhill Road Widening Improvements Project - Change Order Number 3 in the amount of $35,104.04). BID/FILE INFORMATION This change order is to compensate the Contractor for three various construction items. The contractor will require a backhoe and truck instead of a scraper to excavate 4,278 cy due to utility poles on the project that have not yet been relocated. A scraper is a larger piece of equipment that can move more dirt cheaper but because of the poles the contractor will need to use smaller equipment. This work will allow for the contractor to continue work while utilities are relocated. This change order includes compensation to the Contractor to remove and relay a storm sewer pipe that was installed by the contractor per plans but due to an error in the elevation on the plans, the pipe must be removed and relayed. This change order also includes the install and remove low profile barriers on the south end of the project to buffer the sidewalk from the roadway. There are two DISD bus stops in this area. The original contract for services was issued in the amount of $35,877,414.52 on June 27, 2017 from award of IFB 6389. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) Change Order Number l: $13,291.25 to install 1,065 lf of 5 strand barb wire and a gate in order to contain cattle. Change Order Number 2: $18,695.04 for additional potholes in order to locate existing utilities that have not yet been relocated. RECOMMENDATION Staff recommends approval of Change Order No. 3 in the amount of $35,104.04. The overall change order percentage on the project is very low, and the negotiated amounts for the requested additional work are acceptable in staff's opinion. PRINCIPAL PLACE OF BUSINESS Zachry Construction Corporation San Antonio, TX Revised 6/17 DocuSign Envelope ID: 4AC63698-A740-44E8-A9E4-7F472CC910DA Request for City Manager Approval Page 2 ESTIMATED SCHEDULE OF PROJECT The estimated completion date is February 2020. CONTRACT ADMINISTRATOR Noreen Housewright, P.E., C.F.M. FISCAL INFORMATION (Required) 350283402.1360.40100 Attachment 1: Change Order Form Attachment 2: Zachry Construction Corp. Change Order Number 3 Request Attest: DocuSigned by: ,�un,�,iFt,V' �1a.�e,t�S FC�-S�-1-94�B... Jennifer Walters, City Secretary Approved as to legal form: Aaron Leal, City Attorney DocuSigned 6y: � ,�,C i ��; fj�l,�;,i�.,�� Y. 5972538AC4584B9... Revised 6/17 Requested by: DocuSigned by: Name �� bl�St,WVl9� 33A87626258A4C3... Phone 940-349-7121 182084 Requisition# Respectfully submitted: DocuSigned by: K�.ti�. E. SM.:.z� E9685D3C280A4B8... Purchasing Expenditure Approved: DocuSigned 6y: 1 v�� . B776C711BAOD454... City Manager or Designate Date 12/13/2017 DocuSign Envelope ID: 4AC63698-A740-44E8-A9E4-7F472CC910DA CITY OF DENTON CHANGE ORDER (Department) Engineering Name of Project Jlayhill Road Widening and Improvements I 350283402.1360.40100 I 11/6/2017 FB 6389 Zachry Construction Corporation San Antonio, TX Construct a four lane divided urban roadway from a two lane undivided rural roadway. 9. Changes ordered and reason ordered This change order is to compensate the Contractor to remove and relay a storm sewer pipe that was installed by the contractor per plans but due to an error in the elevation, the pipe must be removed and relayed. for 4,278 cy of excavation that will require a backhoe and truck instead of a scraper due to utility poles on the south end of the project that have not yet been relocated. A scraper is a larger piece of equipment that can move more dirt cheaper but because of the poles the contractor will need to use smaller equipment. This work will allow for the contractor to continue work while utilities are relocated. This change order is to also install and remove low profile barriers on the south end of the project to help protect a sidewalk near the roadway that school children use. 10. ContraCt Bid Item No Original Estimated Contract Unit Revised Negotiated C.O. Original Estimated Revised Estimated Changes Quantity Price Estimate Unit Price Cost Cost Unclassified Excavation 0 $0.00 4278 -$2.97 $0.00 -$12,705.66 (Scrapers) Unclassified Excavation 0 $0.00 4278 $7.29 $0.00 $31,186.62 (Backhoe/Trucks) RCP (Class III)(30")-H4 p $0.00 1 $5,791.92 $0.00 $5,791.92 Remove and Relay PORT CTB (FUR & INST)(LOW 0 $0.00 100 $66.66 $0.00 $6,666.00 PROF)(TY1) PORT CTB (FUR & INST)(LOW 0 $0.00 40 $67.56 $0.00 $2,702.40 PROF)(TY2) PORT CTB (REMOVE)(LOW p $0.00 100 $8.18 $0.00 $818.00 PROF)(TY 1) PORT CTB (REMOVE)(LOW p $0.00 40 $7.43 $0.00 $297.20 PROF)(TY2) BOND (1%) 0 $0.00 1 $347.56 $0.00 $347.56 Page 1 of 2 DocuSign Envelope ID: 4AC63698-A740-44E8-A9E4-7F472CC910DA 11. Current Contract Price 'AL $35,909,400.81 Increase in contract price New Contract Price $35,944,504.85 Decrease in contract price 2. Contract time increased/decreased by _0 days. New contract time _days. $0.00 � $35,104.04 $35,1 THE AFOREMENTIONED CHANGE, AND WORK AFFECTED THEREBY, IS SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. I 113. SUBMITTED BY: 114. ACCEPTED BY CITY ENGINEER: 15. ACCEPTED BY CONTRACTOR: �i itti -�� ' i �.w Title �16. ASSISTANT CITY MANAGER: 117. DIRECTOR OF UTILITIES: OF APPROVAL: �18. PURCHASING/FINANCE: �19. COUNCIL APPROVAL (IF NEEDED) Page 2 of 2 � ' �r '%,� �� Project Manager __ Date - t/�d.S%/� Signature Date _ 1'� P� ' Sign ture Date Signature Signature DocuSigned by: Kati�. E. 5�.:.z� Signature Signature Date Date 12/13/2017 Date Date DocuSign Envelope ID: 4AC63698-A740-44E8-A9E4-7F472CC910DA �� ZACHRY' Change Order 003 Project: IFB 6389 Highway: Mayhill Rd $@C�011: H�, Low Pro, Ezeavatlon Date: 10N 312017 (tem Pay Item Type ; Description Quantity UM Unit Price ; Amount V-0; NCTCOG 501.6 RCP (CLASS III) (30') - H4 Remove and Relay 1.00, LS $ 5,791.92 ;$ 5,791.92 ' f-8 ;Unclassifed ExcavaGon (Scrapers) 4,278.00! CY �$ (2.97)� $ (12,705.66)i I-8 Undassifed ExcavaGon (Backhoeffrudcs) f 4,278.00� CY �$ 7.29 $ 31,186.62 ' _ , s TXDOT:! 0512�009 PORT CTB (FUR 8� INST)(LOW PROF)(7Y 1) 100.00! LF ;$ 66.66 ;$ 6,666.00 ' TXDOT: 0512-6010 !PORT CTB (FUR 81NS�(LOW PROF)(7Y 2) ; 40.00� LF I$ 67.56 �$ 2,702.40 TXDOT: 0512-6057 PORT CTB (REMOVE)(LOW PROF)(TY t) 100.00; LF I$ 8.18 �$ 818.00 TXDOT: 0512�058 , PORT CTB (REMOVE)(LOW PROF)(TY 2) 40.00 LF I$ 7.43 $ 297.20 TXDOT: 0512-6033A PORT CTB (MOVE)(LOW PROF)(TY 1) WI TRUCKS 0.00� LF �$ 6.82 t$ - TXDOT: 0512-6034A PORT CTB (MOVE)(LOW PROF)(N 2) W/ TRUCKS 0.00 LF �$ 6.24 �$ - TXDOT:; 0512�033B PORT CTB (MOVE)(LOW PROF)(N 1) ADJACENT 0.000 LF ;$ 3.29 �$ - TXDOT:+ 0512-6034B :PORT CTB (MOVE)(LOW PROF)(N 2) ADJACENT 0.000 LF i$ 2.05 �$ - _ �$ " I _ !;$ - ' �$ $ ' i$ - $ _ $ _ : $ _ ' $ - $ - $ _ �$ " '�� ;$ - � $ _ . f $ - '$ - _ �BOND(1%) ; $ 347.56' Total E 35,104.04: DocuSign Envelope ID: 4AC63698-A740-44E8-A9E4-7F472CC910DA ProJ�d: ff867tY �� ZACHRY' �n.�: WyA11Rd s.aro�: x�ecrrt«a zcccoo: ooan o,a: uae�n isy IO�fr( ts i Dualpban t t ' � a . .,,� � ; ,` `, � : i ',: � S, �� a, �: , �q; „� t y b r 'pl UMI UMflki�;.. eApq4ld;i �; Vl�.i"� .M�YIM' i UNIRk�' ir�14�, r�U�IPIk�t r,�l'�'iqilMs � a�11Pdo1� ;�III�IMI!r,>,.i�� Y�' fl qRECT RCP (C1A55 �(70'►.lir Daqn ModMeatlon I 1 i '. f 1,705.00 ��. 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S S �S IS - S �S • I{ • if - � . 3 • � �S - i _ I � ,, �� r� �� , �� i �� - i�� - I i� . ; �: - ; 3 _ ,- s - , I3 - ;i - ` i� . ; s _ � s �s _ is � � � Is '; �s -; s -� i • ` Is - s -� �s - ; is . ,s , _ �= s i is a is ,s s , I= s i: is : s is : , s - ' i s • ,� � • , _ s . ; � � • , s - s -. s ' i s s �_ •�s _ � � Is - i's • , s • j s • i Is - �s - �s -': s . � s . _ . • s Is is �� ,�s - ` �s • � s� • ; � s � - �� Is �� - Is - : s -� s -� s -, Is •�s - �s . : � . , � , � � �� , � is - � s ' � ` s . !s - �s • � s . : ��s • � �s s � � � Otreu SubauN ' f • i t,ml.ao i x�.e� t - I 1 - f 4msu ' ur.a�eweamm `s - ssx s n�.�s 1 s �v.is .mntr.e�cow .:.�,.�'_. ..� �.�s xou�s �.,..��_�,,�� .�,. _ • , ,.�':..._�,.,,.�� : ,,,,.a�me.» co�u:aor.x,�P �"��"�� . s zsx s aszs �sx s�aw.oe zsx s - sx �s • s ns.si . , submaa.n�nx�uv . � _ �..�,.. �._,_.�.�v� _ �sraao s_ a.a.� t - 's • s a»,.sz _ i.ox .,. s s�az 9ona elal t • ual ._. .....l,µ9,l1 � Certificate Of Completion Envelope Id: 4AC63698A74044E8A9E47F472CC910DA Subject: ""City ManagerApproval """Docusign Item 6389 Source Envelope: Document Pages: 7 Signatures: 6 Certificate Pages: 6 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking Status: Original 12/12/2017 11:11:25 AM Signer Events Jamie Cogdell jamie.cogdell@cityofdenton.com Senior Buyer City Of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Noreen Housewright noreen.housewright@cityofdenton.com Senior Transportation Engineer City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/12/2017 11:18:09 AM ID:Odcc3651-8f23-4039-ba26-02f1cb109e64 Karen E. Smith karen.smith@cityofdenton.com Interim Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer DeCurtis jennifer.decurtis@cityofdenton.com Deputy City Attorney City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Holder: Jamie Cogdell Jamie. Cogdell @cityofdenton.com Signature I � Using IPAddress: 129.120.6.150 DocuSigned by: �Vt,t,ln, i�DU.Sc,WVtv�I,t.f 33A87626258A4C3... Using IPAddress: 129.120.6.150 �D S'gnetl by: K.�.�r E. S+�zzd E9685D3C280A4B8... Using IPAddress: 129.120.6.150 D Sgndby xv-' � f . 5972538AC4584B9... Using IPAddress: 129.120.6.150 Status: Completed Envelope Originator: Jamie Cogdell 901 B Texas Street Denton, TX 76209 Jamie.Cogdell@cityofdenton.com IP Address: 129.120.6.150 Location: DocuSign Timestamp Sent: 12/12/2017 11:16:23 AM Viewed: 12/12/2017 11:16:34 AM Signed: 12/12/2017 11:20:30 AM Sent: 12/12/2017 11:16:23 AM Viewed: 12/12/2017 11:18:09 AM Signed: 1 2/1 3/201 7 4:18:04 PM Sent: 12/13/2017 4:18:06 PM Viewed: 12/13/2017 4:25:28 PM Signed: 1 2/1 3/201 7 4:25:45 PM Sent: 12/13/2017 4:25:47 PM Viewed: 12/13/2017 4:35:42 PM Signed: 1 2/1 3/201 7 4:36:06 PM � , � ��a Signer Events Todd Hileman todd.hileman@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM I D: 57619fbf-2aec-4b 1 f-805d-6bd7d9966f21 Jennifer Walters jennifer.walters@cityofdenton.com City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Gary Doty gary.doty@zachrycorp.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherri Thurman sherri.thurman@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Robin Fox Robin.fox@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signature �000�s�yoea by: ��,�, C�I�G�U, B776C711BAOD454... Using IPAddress:47.190.47.120 Signed using mobile CDocuSignetl by: Un.�n.lFt,lr �A�.tt,Y'S CSBFAFC1821946D... Using IPAddress: 129.120.6.150 Signature Status Status Status Status Status � � �" Timestamp Sent: 12/13/2017 4:36:08 PM Viewed: 12/13/2017 4:37:23 PM Signed: 1 2/1 3/201 7 4:37:46 PM Sent: 12/13/2017 4:37:48 PM Viewed: 12/13/2017 4:50:13 PM Signed: 1 2/1 3/201 7 4:50:47 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 12/13/2017 4:25:47 PM Sent: 12/13/2017 4:25:48 PM Sent: 12/13/2017 4:36:08 PM Sent: 12/13/2017 4:50:48 PM Viewed: 12/14/2017 8:17:32 AM Carbon Copy Events Jennifer Bridges jennifer. bridges@cityofdenton.com Procurement Assistant City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Julia Winkley julia. Winkley@cityofdenton.com Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary Events Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Status � � �" � � �' Signature Status Hashed/Encrypted Security Checked Security Checked Security Checked Timestamp Sent: 12/13/2017 4:50:48 PM Sent: 12/13/2017 4:50:48 PM Timestamp Timestamps 12/13/2017 4:50:48 PM 12/13/2017 4:50:48 PM 12/13/2017 4:50:48 PM 12/13/2017 4:50:48 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Noreen Housewright, Todd Hileman ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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