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2004-165OP NANCE NO. 20;¢-/Cd- AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING A PUBLIC WORKS CONTRACT FOR WET, DRY, AND AUGER BORING SERVICES FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BD 3156-WET, DRY, AND AUGER BORING AWARDED TO C&C DIRECTIONAL BORING IN TIIE ESTIMATED AMOUNT OF $250,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 3156 C&C Directional Boring. Exhibit A SECTION 2. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, 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 Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /,~--3z1¢ day of f.~.tqff.. ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~ 3-ORD-3156 Page 2 of 2 Bid # 3156 Exhibit A Date: 5/25/04 Annual Contract For Wet, Dry & Auger ~ C & C Directional Badng ! Plindlple Place of B~siness'~ Shady Shores, TX I DirectionalBores Wet I ~onduff Line(s) $1" Diameter Bore in Dirt w/Conduit Line(s) 6.00 I ~du[t Ume(s: $ I ~°nduit Line(s)3 2" Diameter Bore in Dirt w/Conduit Line(s) $ 6.00 I ~ndul~ IJne(s) $ 12.00 I ..... instattedin Steel Casin,~~ - I ~onduit Line(s) $ 70 00 I ~ ~ installedin Steel Casin,q~ 2" Diameter Bore in Dirt w/Steel Casing I ~ckw/S~ol Casin~ I co, s) s 6.o0 I ..... installed 4" Diameter Bore in Rock w/Conduit Line(s) I ~onduit Line(s) ,. 13 4" Diameter Bore in Dirt with Steel Casing I ~th Steel Casing $ 14.00 I ~th Stall Gas'm~ $4" Diameter Bore in Rock with Steel Casing 20.00 I ~ Dirt with Conduit $ lnnr I ~ckwith Conduit $ 16 0f I ~rt with Conduit 17 2000 $ 1800 117 2~~n Stael Cas~ing $ I ~ck with Conduit 18 200 $ 24 00 I ~W SteelCasing $ I ~~ Stee~ Cas,.g$ I ~ck with Conduit g 22z31 I ~ ........ S [ ~ith Conduit ,~ 21 23 1000 $ 21 00 i ..... Ume(s) installedin Steel Casing I . hS e.]C ing S 21.00 I ...... installed ' -- - I ~h~h Steel Casin $ I .... installed I ~irt with Conduit $ 15.0 ...... 1 .0o ji~i~ ~' VENDOR C & C Directional Boring Principle Place of Business: Shady Shores, TX 10" Diameter Bore in Rock with Conduit 28 400 $ 24.00 Line{s) installed 10" Diameter Bore in Dirt with Conduit 29 2000 $ 25.00 Line(s) installed Steel Casing 10" Diameter Bore in Rock with Conduit 30 200 $ 34.00 Line(s) thstalled in Steel Casing 31 1000 10" Diameter Bore in Dirt with Steel Casing $ 25.00 installed 10" Diameter Bore in Rock with Steel 32 100 $ 34.00 Casing installed 12" Diameter Bore in Dirt with Conduit 33 300 $ 18.00 Line{s) installed 12" Diameter Bore in Rock with Conduit 34 100 $ 28.00 Line(s) installed 12" Diameter Bore in Dirt with Conduit 35 3OO $ 29.OO Line(s) installed in Steel Casing 12" Diameter Bore in Rock with Conduit 36 100 $ 39.00 Line(s) installed in Steel Casing 37 300 12" Diameter Bore in Dirt with Steel Casing $ 29.00 installed 12" Diameter Bore in Rock with Steel 38 100 $ 39.00 Casing installed 14" Diameter Bore in Dirt with Conduit 39 300 $ 22.00 Line{s) installed 14" Diameter Bore in Rock with Conduit 40 100 $ 32.00 Line(s) installed 14" Diameter Bore in Dirt with Conduit 41 3OO $ 34.O0 Line(s) installed in Steel Casing 14" Diameter Bore in Rock with Conduit 42 100 $ 44.00 Line(s) installed in Steel Casing 43 300 14" Diameter Bore in Dirt with Steel Casing $ 34.00 installed 14" Diameter Bore in Rock with Steel 44 100 $ 44.00 Casing installed 16" Diameter Bore in Dirt with Conduit 45 300 $ 24.00 Line(s) installed 16" Diameter Bore in Rock with Conduit 46 100 $ 34.00 Line{s) installed 16" Diameter Bore in Dirt with Conduit 47 300 $ 36.00 Line(s) installed in Steel Casing 16" Diameter Bore in Rock with Conduit 48 100 $ 46.00 Line(s) installed in Steel Casing 49 300 16" Diameter Bore in Dirt with Steel Casing $ 36.00 installed 16" Diameter Bore in Rock with Steel 50 100 $ 46.00 Casin~ installed 18" Diameter Bore in Dirt with Conduit 51 30O $ 26.O0 Line(s) installed 18" Diameter Bore in Rock with Conduit 52 100 $ 36.00 Line{s) installed 18" Diameter Bore in Dirt with Conduit 53 300 $ 38.00 Line(s) installed in Steel Casing 18" Diameter Bore in Rock with Conduit 54 100 $ 48.00 _ine(s) installed in Steel Casing 55 300 18" Diameter Bore in Dirt with Steel Casing $ 38.00 installed  VENDOR C & C Directional Bodng F~nnciple Place of Business: Shady Shores, TX ~r Sore in Rock with Steel 100 .... ~sir~g-installed $ 48.00 I ~, · . . .in ,Di.rt w,ith C°nduit $ 28.00 '~ Une(s) installed I ~. ?".°?ith c°nduit $ 38.00 ~ ~:~ C.onduit ~ 40.00 .... U~ed in Steel Casing I ~~. n _°.ck,w?C.°nduit $ 50.00 ~" L'~alled in Steel Casing 20" Diameter Sore in Dirt with Steel Casing $ 40.00 .... Casing installed ~? ??th Conduit $ 32.00 ..... unels} installed ~? R?~k.w,h Conduit , 42.00 ~" ~°° -'..... I ~. ~i.~w,~c?nduit $ 44.00 ~~~ok.w? C?nduit S 84.00 '~ U~telled in Steel Casing ~, ,~.with Steel Casing $ 44.00 ..... in Steel Casing ~h C.o~ndu?t/Line(s) $ 89.10 .... installedin Steel Casing ~}/U, ne(s) installec 4.000 ~n st~ c~ng_ ~ ~8.oo ~?C?u?Une(s) ~ ~12.2o ~ installedin Steel Casing ~h C.?u?Line(s) $ 8~.00 .... installedin Steel Casing ] ~h .Co..nd .uit/Une(s) $ 140.25 ~ installed in Steel Casing ~? ~du?ine(s) ~ 8~.oo ~ installedin Steel Casing ~wth Conduit/Line(s) $ 140.25 ~" insteliedin Steel Casing ~ith Conduit/Line(s) $ 108.50 300 .... installedin Steel Casing I ~ .C°..nd.uit/une(s) $ 179.02 ~ installedin Steel Casing I ~. '~th, C.~du!uune(s) $ ~16.00 ~~1 ,Co_nd?t/Line(s) $ 191.40 .... installedin Steel Casing I ~. _t.h.C.°~nd~~une(s) $ 117.00 .... installedin Steel Casing  VENDOR C & C Directional Boring Principle Place of Business: Shady Shores, TX 82 100 18" Bore in Rock with Conduit/Line(s) $ 193.05 installed in Steel Casing 83 300 20" Bore in Dill with Conduit/Line(s) $ 117.00 installed in Steel Casing 84 100 20" Bore in Rock with Conduit/Line(s) $ 193.05 installed in Steel Casing 85 300 24" Bore in Dirt with Conduit/Line(s) $ 144.00 installed in Steel Casin,q 86 100 24" Bore in Rock with Conduit/Line(s) $ 237.60 installed in Steel Casing 87 300 30" Bore in Dirt with Conduit/Line(s) $ 165.00 installed in Steel Casing 88 100 30" Bore In Rock with Conduit/Line(s) $ 272.25 installed in Steel Casing 89 300 36" Bore in Dirt wit Conduit/Lines(s) $ 207.00 installed in Steel Casing 36" Bore in Rock with Conduit/Line(s) 90 100 $ 341.55 installed in Steel Casing 42" Bore in Dirt with Conduit/Line(s) 91 300 $ 231.00 installed in Steel Casing 42" Bore In Rock with Conduit/Line(s) 92 100 $ 381.15 installed in Steel Casing 48" Bore in Dirt with Conduit/Line(s) 93 300 $ 264.00 installed in Steel Casing 94 100 48" Bore in Rock with Conduit/Line(s) $ 435.60 installed in Steel Casing 95 300 54" Bore in Dirt with Conduit/Line(s) $ 297.00 installed in Steel Casing 96 100 54" Bore in Rock with Conduit/Line(s) $ 490.05 installed in Stael Casing CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 15th day of hme A.D., 2004, by and between of the County of Denton Mike Condnff. (21ty Manager hereinafter termed "OWNER," and 91 fi I ake~hore Rnacl City of Denton and State of Texas, acting through thereunto duly authorized so to do, C tRr (2 Directional Raring Rhady Shore~,?fgNg of the City of Denton , County of Denton and State of Te~a~ , hereinafter termed "CONTRACTOR." WITNESSETH: 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: Rid 31 fi6 Anmlal Cnntract For Wet, Dry R~ Anger Rnring in the amount of $2qN.NNN ON 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 attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Faymcm Bund~, all attached hereto, 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: City af Denton ~taff all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's 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 specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. 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. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ATTEST: City nf Denton (SEAL) CONTRACTOR CA - 3 MAILIN~ - ' '~ ADDRESS PHONE NUMBER FAX NUMBER TITLE o.3 PRINTED N[~ME (SEAL) ANNUAL CONTRACT FOR WET, DRY & AUGER BORING ,.. ESTIMATED ANNUAL UNIT TOTAL ITEM QTY. 1~ DESCRIPTION UOM PRICE AMOUNT )IRECTIONAL BORES/WET 1 20,000 DBW1 1" Diameter Bore in Dirt with Conduit Line(s)installed ET 1" Diameter Bore in Rock with Conduit Line(s) OO A4, oo,0o 2 2000 DBW2 installed FT 3 4000 DBW3 2" Diameter Bore in Dirt with Conduit Line(s) installed FT 2" Diameter Bore in Rock with Conduit Line(s) 4 400 DBW4 installed FT 2" Diameter Bore in Dirt with Conduit Line(s) installed 5 2000 DBW5 in Steel Casing* FT 2" Diameter Bore in Rock with Conduit Line(s) 6 200 DBW6 installed in Steel Casing* FT 7 2000 DBW7 2" Diameter Bore in Dirt with Steel Casing* installed FT 8 200 DBW8 2" Diameter Bore in Rock with Steel Casing* installed FT :~ ~)'C~O ~/jrt ~-'~'(~ 9 4000 DBW9 4" Diameter Bore in Dirt with Cooduit Line(s)installed FT 4" Diameter Bore in Rock with Conduit Line(s) 10 400 DBW10 installed FT 4" Diameter Bore in Dirt with Conduit Line(s) installed 11 2000 DEW11 in Steel Casing* FT 4" Diameter Bore in Rock with Conduit Line(s) ~,O, ~30 12 200 DBW12 installed in Steel Casing* FT 13 2000 DBW13 4" Diameter Bore in Dirt with Steel Casing* installed FT ~ 1~, OO ~ ~ ODO,~ 14 200 DBW14 4" Diameter Bore in Rock with Steel Casing* installed FT 15 4000 DBW15 6" Diameter Bore in Dirt with Conduit Line(s) installed FT 6" Diameter Bore in Rock with Conduit Line(s) 16 400 DBW16 installed FT 6" Diameter Bore in Dirt with Conduit Line(s) installed 17 2000 DBW17 in Steel Casing* FT 6" Diameter Bore in Rock with Conduit Line(s) 18 200 DBW18 installed in Steel Casing* FT 19 2000 , DBW19 6" Diameter Bore in Dirt with Steel Casing* instsiled FT 20 200 DBW20 6" Diameter Bore in Rock with Steel Casing* installed FT 21 4000 DBW21 8" Diameter Bore in Dirt with Conduit Line(s)installed FT 8" Diameter Bore in Rock with Conduit Line(s) ,~.00 22 400 DBW22 installed FT * Per TxDOT standards NOTE: Conduit Line(s) includes copper, polyethylene, and/or PVC PAGE 27 OF BID #3156 ANNUAL CONTRACT FOR WET, DRY & AUGER BORING ESTIMATED ANNUAL UNIT TOTAL ITEM QTY. ID DESCRIPTION UOM PRICE AMOUNT 8" Diameter Bore in Dirt with Conduit Line(s) installed 23 1000 DBW23 in Steel Casing* FT 8" Diameter Bore in Rock with Conduit Line(s) 24 100 DBW24 installed in Steel Casing* FT 25 1000 DBW25 8" Diameter Bore in Dirt with Steel Casing* installed FT 26 100 DBW26 8" Diameter Bore in Rock with Steel Casing* installed, FT 10" Diameter Bore in Dirt with Conduit Line(s) 27 4000 DBW27 installed FT 10" Diameter Bore in Rock with Conduit Line(s) 28 400 DBW28 installed FT 10" Diameter Bore in Dirt with Conduit Line(s) 10" Diameter Bore in Rock with Conduit Line(s) 30 200 DBW30 installed in Steel Casing* FT 31 1000 DBW31 10" Diameter Bore in Dirt with Steel Casing* installed FT 10" Diameter Bore in Rock with Steel Casing* 32 100 DBW32 installed FT ~ .~4 .C)C) ~.~ ) L~C~. CO 12" Diameter Bore in Dirt with Conduit Line(s) $3 300 DBW3$ inatalled FT 12" Diameter Bore in Rock with Conduit Line(s) 12" Diameter Bore in Dirt with Conduit Line(s)"l''~'-~'~ O(~, 00 ..~ ,.~ --~?~0 ,CC 35 300 DBW35 installed in Steel Casing* FT 12" Diameter Bore in Rock with Conduit Line(s) 36 100 DBW36 installed in Steel Casing* FT 37 300 DBW37 12" Diameter Bore in Dirt with Steel Casing* installed ET 12" Diameter Bore in Rock with Steel Casing* 38 100 DBW38 installed FT 14" Diameter Bore in Dirt with Conduit Line(s) 39 300 DBW39 installed FT 14" Diameter Bore in Rock with Conduit Line(s) 40 100 DBW40 installed ' FT 14" Diameter Bore in Dirt with Conduit Line(s) 41 300 DBW41 installed in Steel Casing* FT ~Li~,L~{2 ~lOio,t,~.~.,.,.Al nr~ r,,.th 14" Diameter Bore in Rock with Conduit Line(s) 42 100 DBW42 installed in Steel Casing* FT 43 300 DBW43 14" Diameter Bore in Dirt with Steel Casing* installed FT 14" Diameter Bore in Rock with Steel Casing* 44 100 DBW44 installed FT 16" Diameter Bore in Dirt with Conduit Line(s) 45 300 DBW45 installed FT 16" Diameter Bore in Rock with Conduit Line(s) 46 100 DBW46 installed FT * Per TxDOT standards PAGE 28 OF BID #3156 ANNUAL CONTRACT FOR WET, DRY & AUGER BORING ESTIMATED ANNUAL UNIT TOTAL ITEM, QTY. ID DESCRIPTION UOM PRICE AMOUNT 16" Diameter Bore in Dirt with Conduit Une(s) 47 300 '[}BW47 installed in Steel Casing* FT 16" Diameter Bore in Rod< with Conduit Une(s) $~,OO $,L~i (~0t'.,), CC) 48 100 DBW48 installed in Steel Casing* FT 49 300 DBW49 16" Diameter Bore in Did with Steal Casing* installed FT 16" Diameter Bom in Rock with Steel Casing* 50 100 DBWS0 installed FT 18" Diameter Bore in Dirt with Conduit Line(s) 51 300 DBW51 installed FT 18" Diameter Bore in Rock with Conduit Une(s) 52 100 DBW52 nstalled FT 18" Diameter Bore in Dirt with Conduit Line(s) 53 300 DBW53 installed in Steel Casing* FT 18" Diameter Bore in Rock with Conduit Line(s) 54 100 DBW54 installed in Steel Casing* FT 55 300 DBW55 18" Diameter Bore in Did with Steel Casing* installed FT 18" Diameter Bore in Rock with Steel Casing* 56 100 DBW56 installed FT 20" Diameter Bore in Dirt with Conduit Une(s) i9,~,00 87 300 DBW57 installed FI' 20" Diameter Bore in Rock with Conduit Une(s) 58 D W58 insta,ed FT 20" Diameter Bore in Dirt with Conduit Line(s) 59 300 DBW59 installed in Steel Casing* FT 20" Diameter Bore in Rock with Conduit Line(s) 60 100 DBW60 installed in Steel Casing* FT 61 300 DBW61 20" Diameter Bore in Dirt with Steel Casing* installed FT 20" Diameter Bore in Rock with Steel Casing* 62 100 DBW62 installed FT ~'~.(~ 24" Diameter Bore in Dirt with Conduit.Line(e) 300 D W63 nsta,ed 64 100 DBW64 installed FT ~5 300 DBW65 installed in Steel Casing* FT' 66 100 DBW66 installed in Steel Casing* FT Z4" Diameter Bore in Rock with Steel Casing* * Per TxDOT standards PAGE 29 OF BID #3156 ANNUAL CONTRACT FOR WET, DRY & AUGER BORING ESTIMATED ANNUAL UNIT TOTAL ITEM QTY. ID DESCRIPTION UOM PRICE AMOUNT DRY AUGER BORE 6" Bore in Dirt with Conduit/Line(s) installed in Steel 69 4000 AB69 Casing* FT 6" Bore in Rock with Conduit/Line(s) installed in Steel 70 400 AB70 Casing* FT 8" Bore in Di~ with ConduiFLine(s) installed in Steel 71 4000 AB71 Casing* FT ~ ,~ ~1~1~'~ 8" Bore in Rock with ConduiFLine(s) installed in Steel 72 400 AB72 Casing* FT 73 400 AB73 Casing*10" Bore in Di~ with ConduWLine(s)installed in Steel FT 10" Bore in Rock ~th Condui~Line(s) installed in 74 100 AB74 Steel Casing* FT 12" Bore in Di~ with ConduiFLine(s) ins~lied in Steel 75 300 AB75 Casing* FT 12" Bore in Rock ~th ConduiFLine(s) ins~lled in 76 100 AB76 Steel Casing* FT 14" Bore in Did with ConduiFLine(s) insulted in Steel 77 300 AB77 Casing* FT 14" Bore in Rock with ConduWLine(s) installed in i~. 78 100 AB78 Steel Casing* FT 16" Bore in Di~ ~th Condui~Line(s)ins~lled in Steel $11G,~ ~)~'~L ~,~ 79 300 AB79 Casing* FT 16" Bore in Rock ~ ConduiFLine(s) ins~lled in 80 100 ABg0 Steel Casing* FT 18" Bore in Di~ ~th ConduiFL[ne(s) ins~lled in Steel I~.~ s~ 300 AaS~ Casi.g* FT 18" Bore in Rock with Condui~Line(s) ins~lled in ~2 ~oo A~2 Stee~ C~i.g* FT 20" Bom in Die.th Gondui~Uno(s) ins~llod in Steel 83 300 AB83 Casing* FI 20" Bore in Rock ~th Condui~Line(s) ins~lled in 84 100 A884 Steel Casing* FT 24" Bore in Di~ ~th Gondui~Une(s) ins~lled in 85 300 AB85 Casing* FT 24" Bore in Rock ~th ConduWLine(s) ins~lled in 86 100 AB86 Steel Casing* FT 30" Bore in Did ~th ConduiCLine(s) ins~iled in Steel s7 300 .~s7 C~sing* FT ~ b5¢ ~,¢'¢ 30" Bore in Rock with ConduiVLine(s) installed in ~s lOO A~ Ste.~C..~.g' FT ~&.~ 36" Bore in Di~ with ConduWLine(s) ins~lled in Steel 89 300 AB89 Casing* FT 9o ~oo AE9O st~.~ Cedi.g* FT $~1,~ * Per TxDOT Standards PAGE 30 OF BID #3156 ANNUAL CONTRACT FOR WET, DRY & AUGER BORING ESTIMATED ANNUAL UNIT TOTAL ITEM QTY. ID DESCRIPTION UOM PRICE AMOUNT 42" Bore in Dirt with Conduit/Line(s) installed in Steel 91 300 "AB91 Casing* FT 42" Bore in Rock with Conduit/Line(s) installed in 92 100 AB92 Steel Casing* FT 5,.~;~l, 15~3~! 115.C~O 48" Bore in Dirt with Conduit/Line(s) installed in Steel 93 300 AB93 Casing* FT 48" Bore in Rock with Conduit/Line(s)installed in 94 100 AB94 Steel Casing* FT 54" Bore in Did with ConduiVLine(s) installed in Steel~/ tm. 00 95 300 AB95 Casing* FT ~" Bore in Rock with Condui~Line(s) installed in 96 100 AB96 Steel Casing* FT ~ ~'~ Estimated Total: Per TxDOT standards Date Sign",r~re of Authorized Representative Company Name Note: When pulling multiple pipes, it is easiest to track multiple charges by the bored hole size. Typically 2" over the combined diameter of all products being pulled in should be allowed for in order to reduce pull-in drag. Example: 1 - 14" diameter ~ole is required to pull in 2 - 6" pipes. 2 x 6" = 12" + 2" extra = 14" PAGE 31 OF BID #3156 ANNUAL CONTRACT FOR WET, DRY & AUGER BORING PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That C & C Directional Borinff~whose add sis 216 L~akeshore Road, Shad,/Shores, Texas 76208, hereinafter called Principal, and SureTee Insurance Compan,/,~corpo~ra~r-~n~' g ' and existing under the laws of the State of Texas, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of thc State o/f.-Texas, herei/aafter called Owner, in the penal sum of One hundred thousand and no/100 .......... DOLLARS,,($100,000.00-~') plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contrac.,k.identified by Ordinance Number 2003- , with the City of Denton, the Owner, dated the 15th day of June A.D. 2004,(copy of which is hereto attached and made a part hereof, for Wet, Dry and Auger Boring.~/' 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 fulfill 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 ~vhich 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 one (1) year 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 may incur in making good any default or deficiency, then this obhgation shall be void; otherwise, it shall remain in full force and effect. PB- 1 Page 18 of Bid #3156 ANNUAL CONTRACT FOR WET, DRY & AUGER BORING 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 Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. The term of this bond is for the initial one year term of the contract with annual one-year renewal terms of the option of the Surety. The Surety shall not be liable for Surety's failure or refusal to renew its obligation. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. 1N WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the ptday of July, 2004.~// ATTEST: SECRETARY PRINCIPAL: C & C Directional Boring BY: O~-a.~'?,~ PRESIDENT ATTEST: SURETY: / Stekh J. Zin~r, ~omey-i~J-~6g The Resident Agent of the SureW in Denton CounW, Texas for dehve~ of notme a of the pr~e~ N~E: PCL Con~act Bonding Agency STREET ADDRESS: 417 Oakbend Dr., Suite 150, Lewisville, Texas 75067-2345 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, g~ve a person's name.) Page 19 of Bid #3156 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732- 0099.You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Depadment of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Important Notice Regarding Terrorism Risk Insurance Act of 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: SureTec insurance Company, U. S. Specialty Insurance Company, and any other company that is added to SureTec Insurance Company for which surety business is underwritten by SureTec Insurance Company ("Issuing Sureties"). The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1 ) of the Act is Zero Dollars ($0.00). The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. The actual coverage provided by your bond for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, penalties, limits, other provisions of your bond and the underlying contract, any endorsements to the bond and generally applicable rules of law. This Impodant Notice Regarding Terrorism Insurance Risk Act of 2002 is for informational purposes only and does not create coverage nor become a part or condition of the attached document. Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. Please refer to Attached Rider for Important Notices and Coverage Information Rev. 11.11.2003 5 SureTec GENERAL POWER OF ATT/OR/NEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY-(the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint // Pauline L. Lesch, Clem F. Leseh, Gary Matula, Steven J. Zinecker,~" e*~Steven W. Lewis of Lewisville, Texas its tree and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to th~nditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars ($5,000,000]~nd to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 1 lth day of June, A.D. 2002. SURETEC INSURANCE COMPANY Corporate Seal State of Texas County of Harris ss: '~'~"~ Presider/t On this llth day of June A.D. 2002 before me personally came John Knox, Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. ~ ~o..~,*~ F~. ~ Notary Seal Doffna U. Ibanez, Notary Pud~ My comtmssion expires June 11,2006 1, Michael P. Whisenant, Vice President and Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of thc Board of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my.hand and affixed the seal of said Company at Houston, Texas this July , 2004, A.D. Corporate Seal __ day of Michael P. Whisenant, Vice President, Assistant Secretary I~E INSU~NCE ~ORD~ GY ~ POU~ ~1~ H~N 1~ ~ ~ ALL THE ~ ~CLU~ON~ [6/~g/2004 06/19/200~ ~O~NC~ S 1,000,00 / / / _~~ I 5,00 ~m~ ~,O00,OO 2004 O6/Z~/200S / / / ~. ,,~ / / / ~ ~..~ Ls ~,ooo,oo, -- ~.~y~ !s Z.~O0, 00~ ~ / / / ~C ~I'tFI~ATE HOLDIE~ ' 00¢ ~," 08:15-2004 lO:28PM FROM-DIVERSIFIED INSURANCE +903-828-5111 T-OZ$ P.002/002 F-051 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pOliCy(les) must be endorsed, A statement on this cerUficate does not confer rights to the ce~ficata holder in lieu of such endorsement(s), if SUBRO®ATION IS WAIVED, subject to the terms and conditions of the policy, certain po]ides may require an endorsement. A statement on this cerUficate does not confer rights to the certifioata holder in lieu of such endorsement(s), DISCLAIMER The Certificate of Insurance on the reverse aide of this form does not constitute a conb'act between the issuing insurer(s), authorized representative or producer, and the certificate holder, ncr does it affirmatively or negatively emend, extend or altar the coverage afforded by the policies listed thereon. I~CORD 26,,S (7197)