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1992-111
ORDINANCE NO. 9d -/// AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- petitive 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 receiv- ed and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or im- provements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the con- struction 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 be- ing the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1369 C.D. MCKAMIE $ 37,500.00 1372 FLOYD GLENN SMITH SEE EXHIBIT A 1381 APAC-TEXAS $731.091.50 1381 PRECISION AIRFIELD LAYOUT AND STRIPING $ 42,798.50 1392 EDWARD MCDONALD CO. $ 37,869.00 SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Propos- als, and documents relating thereto specifying the terms, condi- tions, plans and specifications, standards, quantities and speci- fied sums contained therein. SECTION IV. 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 here- by 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 V. That this ordinance shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the ILA --day of ,1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPRONAM AS V LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY:%a) _ BID # BID NAME OPEN DATE 1372 I I CONTRACT CONCRETE WORK I JUNE 16, 1992 [ FLOYD GLENN SMITH # QTY I DESCRIPTION I VENDOR I 7.6.A-7I � I IREBUILT INLET (REMOVE AND I IREPLACE TOP) I IA. 4' INLET I $700.00 I IB. 6' INLET [ $750.00 IC. 8' INLET I $800.00 ID. 10' INLET I $850.00 7.6.A-81 IREBUILT EXISTING INLET SPECIALI IA. 4' INLET I $1,900.00 I IB. 6' INELT I $1,900.00 I IC. 8' INLET I $2,350.00 I ID. 10' INLET I $2,400.00 7.6.A-9I IINLET SITE PREPARATION I $150.00 8.1 I IBARRICADES, WARNING SIGNS [ $200.00 I [AND DETOURS ( OPTIONAL) I 8.2 1 IDOWEL-ON INTEGRAL CURB $4.00 8.2-A I ICONCRETE CURB AND GUTTER [ I IA. 8' TO 250' [ $7.50 I IS. 250' TO 1000' [ $6.50 I IC. 1000' - UP I $6.00 8.3 I 16" CONCRETE DRIVEWAY I I IA. 0 TO 50 SQ YDS I $29.25 I IS. 50 TO 100 SQ YDS [ $27.00 I IC. 100 TO 500 SQ YDS I $24.75 8.3-A I 14" CONCRETE SIDEWALK I IA. 0 TO 50 SQ YDS [ $27.00 IS. 50 TO 100 SQ YDS I $20.00 IC. 100 TO 1000 SQ YDS I $18.00 8.4 I ICONCRETE MEDIANS I $20.00 8.6 I [CONCRETE STEPS [ $45.00 8.15 I ICONCRETE RIP - RAP I $28.00 8.448 I (ABANDON INLET/LATERAL I $250.00 I I I I I [ TOTAL I I I $20,123.50 *$19,923.50 EXHIBIT A DATE: July 7, 1992 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1369 -- ROOF REPAIR ELECTRIC PRODUCTION RECOMMENDATION: We recommend this bid be awarded to the low bidder, C.D. McKamie, in the total amount of $37,500.00. SUMMARY: This bid is for all labor and materials to replace a section of roof at the Electric Production Plant. C.D. McKamie was the successful bidder in replacing the McCormick St. Fire Station roof, his work was above average. In reply to twelve notices mailed, two bid responses were received. BACKGROUND: Tabulation Sheet, Memorandum from Jim Thune. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Electric Production FISCAL IMPACT: Funds for this purchase will be taken from Electric Production budgeted funds account #610-080-0251-8301. espectfully submitted: lyd City Manager Prepared by: Name: Denise Harpool Title: Senior Buyer roved: Name: Tom D. Shaw Title: Purchasing Agent 280. DOC BID # 1369 BID D ROOF REPAIR ELECTRIC CBS ROOFING CD MCKAMIE PRODUCTION PLANT OPEN DA JUNE 4, 1992 # ITEM DESCRIPTION VENDOR VENDOR BASE BID $39,707.00 $37,500.00 NAILERS $2.70 $2.50 ADDITIONAL COST FOR $18.00 $8.00 OVERTIME ;t.r.; -u:. _ .. 1992 JUL-1 1"; 23 TO: Denise Harpool, Buyer FROM: Jim Thune, Plant Manager DATE: June 19, 1992 RE: ROOF REPAIR BID #1369 The Electric Production Department recommends accepting low bid from C.D. McKamie, for roof repairs to Units Three and Four. The following bids were submittted: C.D. McKamie CBS Mechanical Base Bid $ 37,500.00 $ 39,707.00 nailers 2.50 2.70 O/T 8.00 18.00 Bond ✓ ✓ Please proceed to Council for authorization. Executive Approvals: Jim Harder, Director of Electric Ut lities Bob Nelson, Executive Director of Utilities Thank you, Jim Electric Production Manager JT/ks cc: Jim Harder, Director Bob Nelson, Executive Director File: XXVI Requisition 0119666 DATE: July 7, 1992 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1372 - CONTRACT CONCRETE WORK RECOMMENDATION: We recommend this bid be awarded to the low over all bidder, Floyd Glenn Smith for an annual estimated amount of $75,000.00. SUMMARY: This bid is for all labor and materials to perform concrete repair for all City of Denton field crews. Floyd Smith was the successful bidder for the past year and was very competent. Three bid responses were received in reply to thirty three notices mailed. BACKGROUND: Tabulation sheet and Memorandum from Jerry Clark. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Engineering, Streets, Electric Distribution, Water & Sewer and Traffic Departments. FISCAL IMPACT: Funds for this work will be taken from budgeted funds for concrete work from the individual Departments requiring the work. espectful y ubmitte Llo(y/d, V . Harr 1 City Manager Prepared by: Nam�se Harpodl Title: Senior Buyer proved: Name: To`m D. Shaw, C.P.M. Title: Purchasing Agent 282.BID 13J J-4 J J m 0 m U1 w w w w w w w N I I ro ro ro •;0 •00 J la yyyy ,bl y N trli '� tl0 ' m m iP W_ to _ _ — — — _ — — — _ _ —y — _ _ _ — — _ _ _ _ _ — •—� •—� — _ _—p — — 0 t�J t=1 O Hp tJ H ro DC 7 4 ro '� t4 'b N E H L H H H my to H W 4 0 0 OC OC OC x Z O �zH+ Z «fir zr - O •�yyy8'! ^t0Hyv wHm O H O HO 0HP7 mro bOn7n0 0 £r n n "] OyxT t-i H HO OOH0 �K$O N!H 0 0H2O yH Gy60 00 H O Hm m qw O H o M W ci r O O m -]m O m mO - -- H r m 0 n O O Hz rOto M tyzCw H O H O (A 8 W t-ii 0 H tc�z7 10 m m m 2 H rn d ti v z' w t] 1-3 0 r 000 ^O Gi HH+ 0 to^ H H H C O 10 H H H O- H N CO k z [�i tO' m H 03 m M HO C7 H N 00 o ff y H m H m w q --------------------------------- iAMH M iR M H H H H H H w w m 00 m r H o N v. m an v. v+ w v. w +n w m m H 0 m N N W 0 N {TI O N W UI �l J� ID 0 H W w w as W O N O O O O 66 In m m m N 00 to In N 600 W O O O O O 0 0 O co co co In O O 0 0 0 0 0 0 0 o w m z e d z z � C7 y — P] b H k O H y 0 M m H H m 0 w H N �0,� Z N H yOy 77 0 w r o � W iP W O O W iN fA aA W fA O ',u H G1 O O U1 0 O N Ln N W W O aA iR In W O [il, O O O O 00 O� O N 0 UI W N O O O O O w O O O O 00 OOMO to _ _ O O O _ _ _ O O O O _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ O z m +n fN w m A W H! w N N z 'L H C tN tN C O O O VI 00 UIM A N m iP 'w O 'Ji H •,b 0 0 0 0 O O O O O O O N O �1 m J �O W O N O HO H O O O O 00 O O O O O O 00 moo O O IDO 7, O O O O 00 O O O O O O 00 O O O O O O O m y O m m OD O y co J J J Oro m t0 W O O a m ro b tm Z mw a �— - m — — — — — — — — — — — — — — — — — — — — — — — — — — — — — H --- — — t9 10 H K --- —b'y0000w0�0w>m0w-00 w 00w> dnw --- n� � z Cz] n 04 H m 0 H m o 0 H N y �I b1 H w m �P H a H O m �P r a OO o O o O H o o_ Lei [W 0y [H-� 0 0 0 [] H OI �zzy [y2���J1 0 O O z Z� y zHz 'A y H O H O H O t+1 O N 0 H to q 2^• W r m W W h1 H H H x H r m W t9 h] H H H O z ro r O ?� r H H H O M m Od V t9 a 0 0 fo 0 0 fA C. O ?! H O ro H m H `-' t-] y H H H Id10 y O O O£ '0 O 'H0 y ,O y O HH 'C O0 10 y tj `L7- yO dyK p zy O z W F3 y Oy yams k t" to a0t�G1H v r H N ttl H z In m � tj o H H » W •H N W C W y N iR N M iR iA Cz 0 t'� w y. M W N N N N H d1 to tR Cl H H h] W O N HH:M VlM &1 :M MtR W H J J N N O'D W J y 0 z 0 0 Y N J m N W W H N N N N N (R M iM tR W m m m O O O O J Z �p O 10 H H co O J 41 J k0 m m 00 iP O m O O O O J J Ip H W W m . . . . . O N m m O N O J O N O m O O 0 0 0 6 0 6 m O O m y H O m o 0 O m O moo 0 0 0 O — O O O O O O — — — — — — — 0 0 0 0 — — — — — — — — — — — — — — — 7. 2: O — — — — — — — — — — — — — — — — — — — — — yy OD t an O H r N En Lh C N N H m z O Hm •OW M co O H 0Atj W 0 ma 0 0m0 tO- [Z�'1 m m O N O. J 0 O. . 0) 0) . O . . O O O O OO . 0 O m OOOOOOO J O N O m m O O OOOO O 0 0 0 0 4 O O O O 0 0 0 0 m O m 0 0 0 O O O O O O O 0 0 0 0 mH — — — — — — — — — — — — — — — — — — — — — — — — — — 0 — — — — — — — — — — — — — — — — — — o 0 oz y� N � m H r»tw wan trt wwa»�n H y b m H W N N H W N N H [ t+1 O O O N N M iR M M iA iN M M H fR iA O H O m O m O m O m tj O 0 M r m y O O m W N W& N N W H H N H 0 0 0 0 O O O O O O W H O .P N O O O m N H O J �0 O m co m 0 0 0 0 O O O O O O HO H H O �PH O O O O m m 6 O O O O O O O 6 0 0 0 6 0 0 0 0 0 z .H O O O O O O O O 0 0 0 O O O O 000000 0 0 0 0 O— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — CITY Of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 MEMORANDUM DATE: June 29, 1992 TO: Denise Harpool, Senior Buyer FROM: Jerry Clark, Director of Engineering & Transportation SUBJECT: Bid #1372 - Contract Concrete Work The department has evaluated the bids received on June 16, 1992. We find the prices to be acceptable. Please award the contract to Floyd Smith Concrete who was the low overall bidder. AEE0016B 8171566-8200 D/FW METRO 434-2529 DATE: July 7, 1992 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1381 -- TAXIWAY & APRON IMPROVEMENTS RECOMMENDATION: We recommend this bid be awarded to the lowest bidder per schedule, APAC-Texas for schedule I at a total base bid of $731, 091.50 and Precision Airfield Layout & Striping for schedule II at a total of $42,798.50. SUMMARY: This bid is for all labor, materials and equipment for repair and resurfacing of the runway at Denton Municipal Airport. Four bid responses were received in reply to fifteen notices mailed. BACKGROUND: Tabulation sheet, memorandum from Joe Thompson PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Airport staff and citizens utilizine the Denton Municipal Airport FISCAL IMPACT: Funds for this project will be split between the City of Denton and the FAA. The City will paying 10% from account #402-022-AG05-0001-9120. J?�t e- ect y su zt' ed: � Lloyd V . Har ell City Manager Prepared by: Name: Denise Harpoo Title: Senior Buyer Approved - Name: Tom D. Shaw Title: Purchasing Agent 279. DOC W N r ik O OH to I I I ---- ---- ------ w o 0 z y b z 0 O O H OH H H tltl H wtm tl l7 r In m £ r OEn K ° m c� aoro n z E ID o H O — — — — — — — — — — — — — — H — — — — — — — C1 ('I w H K ;hU7 'Hd H [+] N z Q] 0 z 5 G Z NO C7 t+7 N O — — — to — — — — — — — — — — — — — — — — — — an v W hi C 4 N r r — — — — — — — — — — — — — — — — — — — — — O co OD 0] C [� K z N P N tl0 Q C N In r r H 0 0 — — — — — — O — — — o — — — — — — — — — — — — an b ax N ~ [9 \ C7 O H N ca w r r N 0 N — — — — — — O — — — O — — — — — — — — — — — — DENTON MUNICIPAL AIRPORT M E M O R A N D U M TO: Denise Harpool, Purchasing Agent FROM: Joe Thompson, Airport Manager DATE: June 29, 1992 SUBJECT: Runway Overlay CITY OF DENTON After reviewing the Bid Tabulation by Freese and Nichols, Inc., the F.A.A. has issued a Grant Offering for $810,000.00 or 90% of cost with the City paying $90,000.00, or 10% of the cost for a total cost of $900,000.00. The City Attorney's office is preparing a Resolution for the acceptance of the F.A.A. Grant by the City Council on July 7, 1992. Please prepare the Bid Tabulations on Schedule I Base Bid `. for a contract with APAC-Texas, Inc. of Fort Worth, TexqLS. Also, Schedule II Runway Painting, Taxiway & Apron wkt�h reflective marking for a contract with Precision Airfield of Denton, Texas. co JT:cg TELEPHONE: 8171383-7736 — 8171383-7702 — D/FW METRO 434-2529 ROUTE 1, BOX 100 • DENTON, TEXAS 76205 d m J H O O m N (n L. Ul a r~+O%o oO M"A W N � C a �y V °e °' xn aGy->: 0 go I o dl S.rAo a 0 0 a A � o °: no W� xQw tY X 5fro A Xy .,, w O• � O y N � O O fo ti fNe w w � ^ O o e 8§�. �y47 S.f 4r [•�f,/I fA fA y�O ; 3 e (J u H fVtJBHHHHN O O• GG N ;••` J O W CCC Sf�i�S t7 t�l�tnSS SSwi zo j •i C wrQ`''fHif'�wf��ifwe���q O oS o �'S�o i�ooff zzzzzzzzzzz bCb;bEo veaizlo� a aea gnu A, S ' t7:a ro bl I � y� aif 3 a �^ •o c� HHHH HHHHHHH 0 0 0p 0 0 0 0 0 0 0 0 C ^ � � —y N f f 8 S O S S S S S O S 0 f H NNHppU� �H�N $Jts1HrH+HN W Np� �N+ `G Ci H •r � 00 5 .b O N �.1 Iyn� 4�^•1f S�i6O00 Ln'SSU Vi� . Wry N a H 1NH�fVVJ Hyf(y� l.H{Ja a VO1 THUfJM O p b_ tJptp��pOppp✓NNf� O U O O OOp�ppp1 S S S t n S O S O S S S H S ozo. ✓•] N H VHSi bS �p W ObS W88O O •rani NO.O 7�Hg+VHSi f.J� Op Op Op Op Op » N ,r�+OOo po pOp O O S O S S S S S S S o a d�9d�g� =tea» o'„ayo�'v �ac w•� t� � a I pWp � d O I �e N O 0 fM v9 n g N Ct a w 0 i N i �d D 2 Z { w ro (D i O G O i H W b N H a a .+0�000 -7 TtnA W Nr+ O CA C >n �e a a7;'o'ad H , zc o w e ^a3Rl"1�J r p G o e C � y y Y � Q � O\ O A SJ W r > pUp� nti�r4 S"y by Gyoo 'a H o a LA La' v�o 0 cp .�S000w�io EE�rr C H OO�fr'1HH0HyWHfw" � f+.w WW{�J'N�JJHVI O�JD IA W�tNJO b�p••' H�� O 0OO \$0� 0 N �0O000 H, O zzzzzzzzzzz o° �b bi to Eo is 50 Ec is po is Ez b3 w e ;o g op�a• 00000000000\ o � Q"S. tsw w H jNNN N U w��!bO rH+�A+ISUHWN�b N�0 pppp JNJ . NN b S S S O O U U 0 0 0�0 U I to T CN a- OSp Op p�ppp7O VNiAOo 0 SOOtnSSSOSSS H z 00�02525`w^�eoN 0 N ;rod irnSSgSlb�S16S o�xbs i—j K w H W H H H� b✓ A M U � J� p 8W �O r+18n t8o btpo 00 pO ,�,So pOo� 000 Ott•` 000 O � NO'� N 00� S S S S S S S S S S S DATE: July 7, 1992 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1392 -- TENNIS COURT SLAB/OVERLAY RECOMMENDATION: We recommend this bid be awarded to the low bidder, Edward McDonald Co. , in the total amount of $37,869.00. SUMMARY: This bid is for the labor and materials to lay a new post -tension concrete slab and wearing surface on the existing tennis courts at Nette Schults Park. Two bid responses were received in reply to three notices mailed. BACKGROUND: Tabulation Sheet S AFFECTED: Parks & Recreation FISCAL IMPACT: Funds for this project will be taken from Certificate of Obligation for Building Improvements account #445-031-PARK-9215. esp R�etf sub at d: 6Lss , Lloyd V . Harr 1 City Manager ^Prepared by: Name: Denise Harpool Title: Senior Buyer � proved: Name: Tom D. Shaw Title: Purchasing Agent 281. DOC / __________________________________ G | � __________________________________ z m u En * �l rtEn �� m �w | rt | ° ________________________________ m w �< o^ � ~ � m n m In � ^ o _______________________________ n � � n F4 t-j ` o � Enco o m En w ^ p | __________________________________ 0 | om o ^ ______ CONTRACT AGREEMENT THIS AGREEMENT, made and entered into this 7 day of A.D., 19 92 , by and between THE CITY OF DENTON JULY of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and C.D. MCXAMIE, RT 1 BOX 100 JUSTIN of the City of iUSTTN County of DENTON And State of TEXAS , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: BID # 1369 — ROOF REPAIR ELECTRIC PRODUCTION in the amount of $ 37,500.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON ELECTRIC PRODUCTION STAFF all of which are made a part hereof and collectively evidence and constitute the entire contract. SPECIAL CONDITIONS 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. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: CITY Y i 'ER 01" • C. D. MCRAMIE Party of the Second Part, CONTRACTOR B Title (SEAL) CITY OF DENTON — DENTON ELECTRIC PRODUCTION PLANT DENTON, TEXAS PART 1 - GENERAL INSTRUCTIONS 1.1 QUALIFICATIONS FOR BIDDING: To qualify for bidding, each Contractor is required to obtain a copy of the Bid Invitation, Proposal, General Instructions, Materials, Execution, Drawings, Contract Documents, and attend the Pre -Bid Conference on (Day) (DATE) , 1992, at 10:00 a.m., at the City of Denton, Purchasing Conference Room, 901-B Texas Street, Denton, Texas. 1.2 INSURANCE: Bidder's attention is directed to the insurance requirements below. It is' highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. 1.2.1 Standard Provisions: A. 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. B. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid 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, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. C. 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 throughout the duration of the Contract, or longer, if so noted: 1) 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. 2) Any deductibles or self -insured retentions shall be declared in the bid 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 .AAn006D7 PAGE 1 volunteers; or, the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 3) Liability policies shall be endorsed to provide the following: a. Name as additional insured the City of Denton, its officials, agents, employees and volunteers. b. 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. 4) All policies shall be endorsed to provide thirty (30) days prior written notice of cancellation non -renewal or reduction in coverage. 5) 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. 6) 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. 7) 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. 1.2.2 Specific Additional Insurance Reouirements: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000 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 access policies. If the Commercial General Liability form (ISO Form CG 00001 Current Edition) is used: 1) Coverage A shall include premises, operations, products, and completed operations, independent Contractors, contractual AAA006D7 PAGE 2 1.3 liability covering this contract and broad form property damage coverages. 2) Coverage B shall include personal injury. 3) 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: 1) 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. 2) Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. B. Automobile Liability Insurance: Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than $500,000 per occurrence either in a single policy or in a combination of underlying and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of operation maintenance or use of any auto, including owned, non -owned and hired automobiles and employee non -ownership use. (ISO Form CA 0001 Current Edition) C. Worker's Compensation Insurance: Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named insured. D. Fire Damage Legal 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 $1,000,000 each occurrence are required. Additional Insurance: Other insurance may be required on a individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. DESCRIPTION OF WORK: It is the intent of the specification that the new work will provide a watertight facility. The attached specifications describes the minimum acceptable standards of construction and finish. Provide a coal -tar extended elastomeric built-up roof system for the facility known as Denton Electric Production Plant, located at 1701-A Spencer Road, Denton, Texas. The roof shall be installed in accordance with the attached specifications and in strict accordance with the manufacturer's recommended procedures. AAA006D7 PAGE 3 PROPOSAL REROOFING AT DENTON ELECTRIC PRODUCTION PLANT CITY OF DENTON CONTRACT DOCUMENTS: Having examined the Proposal, General Instructions, Materials, Execution, Drawings, Contract and Conditions for Reroofing work, and having examined the premises and circumstances affecting the work, the undersigned offer: OFFER: 1. To furnish all labor, material, tools, equipment, transportation, bonds, all applicable taxes, incidentals, and other facilities, and to perform all work for the said Reroofing for the following area: BASE BID - DENTON ELECTRIC PRODUCTION PLANT - REROOF AREA B; AND RETROFIT UNIT #4 PENTHOUSE TOWER UNIT PRICE PROPOSAL: 1. Remove and replace deteriorated nailers: ,r -g 5/ 0 0 , $ 62,J O per linear foot. 2. Additional cost over and abo a ttpe contract amount for weekend or overtime requested by the Owner: $_ o _ additional cost per man per hour. QUALIFICATIONS: 2. Contractor shall fill in below material manufacturer's company name of materials being bid on. Coal -Tar Elastomeric Membrane (CTEM): T- L, Base Sheet: Insulation: Felt Bitumen:_ PROPOSAL REROOFING AT DENTON ELECTRIC PRODUCTION PLANT CITY OF DENTON Upon receipt of notice of acceptance of this bid, within thirty (30) days of the date of this proposal, I (or we) agree to execute the formal contract within ten (10) days thereafter, and to deliver an Insurance Certificate, a SURETY BOND in the amount of ONE HUNDRED PERCENT (100%) of the contract price for the faithful performance of the contract, and a ONE HUNDRED PERCENT (100%) STATUTORY PAYMENT BOND. The undersigned agrees to complete all work shown on the drawings and in the specifications within the time limits set forth below subject to additional days that may be added due to inclement weather and/or other justified and reasonable extensions or time as may be approved by the Owner. Contractors that are awarded contracts shall be prepared to immediately sit down with the City of Denton Manufacturer Representative and present a plan that will illustrate how progression of work is to take place to insure completion of all work within specified time limits. The time limits are as follows: If a Contractor is awarded the project, project must be completed within twenty (20) calendar days or Contractor will be subject to liquidated damages as set forth below. THE OFFICIAL WEATHER RECORD WILL BE KEPT IN THE CITY OF DENTON REPRESENTATIVE'S OFFICE. The undersigned agrees that the owner may retain the sum of THREE HUNDRED DOLLARS ($300.00) from the amount to be paid to the undersigned for each calendar day that the work contemplated remains incomplete beyond the time set forth, Sundays and Holidays INCLUDED. This amount is agreed upon as the proper measure of liquidated damages which the owner will sustain per day by failure of the undersigned to complete the work at the stipulated time, and is not to be construed in any sense as a penalty. Payment will not be made without City of Denton's Representative authorization, a Contractor's invoice and the Manufacturer's and Contractor's written warranties delivered to the City of Denton. PROPOSAL REROOFING AT DENTON ELECTRIC PRODUCTION PLANT CITY OF DENTON I (or we) agree to promptly furnish a correct and current financial statement of condition with list of owned equipment and an experience record of completed projects for examination by owner and architect, if same is required. SEAL (If by Corporation) Indicate if: [ ] Partnership [ ] Corporation [X] Sole Owner If a partnership, list names and addresses of partners: If a corporation, indicate state in which corporation was organized and is existing: _y SALES TAX Materials which are incorporated into or become part of the project are exempt from sales tax. A "separated contract" will be issued by the City of Denton which separates charges for material from charges for labor. The Contractor is expected to execute a resale certificate instead of paying the sales tax at the time of purchase. The City of Denton will issue an exemption certificate for the materials as long as they are a part of the finished project. If a Contractor does not issue a resale certificate, then the amount of sales tax must be included in the prices quoted. No additional compensation, beyond the prices quoted, is due the Contractor for sales tax. e • A. Total Labor . . . . . . . . . . . . . . . . . . . $ B. Total Materials . . . . . . . . . . . . . . . $ �� -/ L"•• • ' ACHIM). CERTIFICATE OF INSURANCE ISSUE DATE (MMIDD/YY) PRODUCER THIS CERTIFICATETS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Howard Hill, Walker & Coates -POLICIES-BELOW. P.O. Box 121189 COMPANIES AFFORDING COVERAGE Ft. Worth, Texas 76121 COMPANY LETTER A EAGLE INSURANCE COMPANY COMPANY LETTER B TRUCK INSURANCE EXCHANGE INSURED C.D. McKamie Company COMPANY LETTER `, FIREMANS FUND GROUP Rt. 1 BOX 100 COMPANY D Justin, Texas 76247 LETTER COMPANY E LETTER COVERAGES 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. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMIDDIYY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE S 11 000 , 000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. S 1,000 000 A CLAIMS MADE OCCUR. PERSONAL & ADV. INJURY $1,000,000 OWNER'S& CONTRACTOR'S PROT. HLAB 700102 10-9-91 10-9-92 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $ 5 0, 000 MED. EXPENSE (Any one person) S 5, 000 AUTOMOBILE LIABILITY COMBINED SINGLE S ANY AUTO LIMIT 500,000 ALL OWNED AUTOS BODILY INJURY S B X SCHEDULED AUTOS 35 8941 30 58 6-30-92 11-06-92(Per person) HIRED AUTOS BODILY INJURY S NON -OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE S EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT 11,000,000 C AND ZIREA7-1 7-9-92 7-9-93 DISEASE —POLICY LIMIT $1,000,000 EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE S1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Additional Insured City of Denton, its officials, agents, employees, and volunteers. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Denton EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 9 01- B Texas Street MAIL '30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Denton, Texas 76201 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPO THE.COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE L. l� ACORD 25-S (7/90) - ©ACORD CORPORATION 1990 THE AMERICAN INSTITUTE OF ARCHITECTS CDM-669 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): C.D. McKamie Company Rt. 1, Box 100 Eakins Cemetary Road Justin, Texas 76247 OWNER (Name and Address): City of Denton 901-B Texas Street Denton, Texas 76201 SURETY (Name and Principal Place of Business): Eagle Insurance Company P.O. Box 790868 San Antonio, Texas 78279 CONSTRUCTION CONTRACT Date: July 7, 1992 Amount: $37,500.00--- Description (Name and Location): Roof Repair Electrical Production Plant BOND Date (Not earlier than Construction Contract Date) Amount: $37,500.00---- Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) C.D. McKamie Company Signature: Name and Title:'Z�1— `pie (Any additional signa4ures appear on page 3) July 21, 1992 O None ❑ See Page 3 SURETY Company: (Corporaie Seal) Eagle Insurance Company Signature: Name and Title: W y fond Liglofo t Attorney -in -Fact (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED - AIA a THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE , N.W , WASHINGTON, D.C. 20006 A312.1984 1 THIRD PRINTING • MARCH 1987 WARNING: Unlicensed photocopying violates U.S. trademark laws and is subject to legal prosecution. I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is Incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided In Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, If any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds Issued on the Construction Contract, and pay to the Owner the amount of damages as described In Paragraph 6 in ex- cess of the Balance of the Contract Price Incurred by the Owner resulting from the Contractor's detault; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount Is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole Orin part and runny the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform Its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-penor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location In which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or falls to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avad- AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED, • AIA n THE AMERI(CAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVE.. N W . WASHINGTON, D C 20006 A312-1984 2 THIRD PRINTING • MARCH 1987 WARNING: Unlicensed photocopying violates U.S. trademark laws and is subject to legal prosecution. able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed Incorporated herein. The Intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: — Name and Title: Address: --I - ccu :howd s- rwn :n Signature: Name and Title: Address: (Corporate Seal) h a tl it ilCiCy AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA � THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE , N W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 WARNING: Unlicensed photocopying violates U.S. trademark laws and is subject to legal prosecution. A312-1984 3 EAGLE INSURANCE COMPANY 14607 San Pedro, San Antonio, Texas 78232 CDM-669 GENERAL POWER OF ATTORNEY Know All Men By These Presents, That EAGLE INSURANCE COMPANY has made. constituted and appointed, and by these presents does make, constitute and appoint WAYMOND LIGHTFOOT its true and lawful attorney, for it and Its name, place. and stead to execute on behalf of the said Company, as surety, bonds. undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of $500,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 20th day of June, 1991 "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive vice President or a Senior Vice President or a Vice President of the Company. be, and that each or any of them hereby is. authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute In behalf of the Company, bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED. that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile. and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof, EAGLE INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by the President and attested by its Vice Presidents this 5th day of July, 1991. Attest: �aC� y�Fourquet, Vice ( tden[ STATE OF TEXAS ss.: COUNTY OF BEXAR By: EAGLE INSURANCE COMPANY Ste en C. Dahl sident On this 5th day of July. 1990, before me personally came Stephen C. Dahlbo, to me known, who being by duly swom, did depose and say that he is President of the EAGLE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that is was so affixed by order of the Board of Directors of said corporation and that he signed his name hereto by like order. 10YCE BOBBINS 10 CE BOBBIN 0 Notary Public, State of Texas NOTARY PUBLIC. State of Texas My Commission expires 01.16-94 Sexar County Commission expires lanuary 16. 1994 CERTIFICATE 1, the undersigned, Secretary of the EAGLE INSURANCE COMPANY, a Texas corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors. set forth in the said Power of Attorney. is now in force. Signed and sealed at the City of San Antonio. in the State of Texas. Dated the 21 s t day f July .19 92 PATCIA I. HOWARD. Secretary THE AMERICAN INSTITUTE OF ARCHITECTS U AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): C.D. McKamie Company Rt. 1 Box 100 Eakins Cemetary Road Justin, Texas 76247 OWNER (Name and Address): City of Denton 901-B Texas Street Denton, Texas 76201 SURETY (Name and Principal Place of Business): Eagle Insurance Company P.O. Box 790868 San Antonio, Texas 78279 CONSTRUCTION CONTRACT Date: July 7, 1992 Amount: $37,500.00---- Description (Name and Location): Roof Repair Electric Production Plant BOND Date (Not earlier than Construction Contract Date) Amount: $37,500.00----- Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) C.D. McKamie Company Signatur ': Name and Title --,? -(Any additional signat s appear on page 6) July 21, 1992 ® None SURETY ❑ See Page 6 Company: (Corporate Seal) Eagle Insura ce Company At Signature: Name and Title: W mond Liglr&zko t Attorney -in -Fa (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 9 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 WARNING: Unlicensed photocopying violates U.S. trademark laws and is subject to legal prosecution. A312.1984 4 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or Indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor 1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment Included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and 2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED • AIA6 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, N W , WASHINGTON. D C 20006 THIRD PRINTING • MARCH 1987 WARNING: Unlicensed photocopying violates U.S. trademark laws and is subject to legal prosecution. A312-1984 5 Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing tobea potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or Shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312.1984 6 THIRD PRINTING • MARCH 1987 WARNING: Unlicensed photocopying violates U.S. trademark laws and 13 subject to legal prosecution. EAGLE INSURANCE COMPANY 14607 San Pedro, San Antonio, Texas 78232 CDM-669 GENERAL POWER OF ATTORNEY Know All Men By These Presents, That EAGLE INSURANCE COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint WAYMOND LIGHTFOOT its we and lawful attorney, for it and its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of $500,000.00 This Power of Attorney is granted and Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 20th day of June, 1991 "RESOLVED, that the Chairman of the Board. the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice President of the Company. be, and that each or any of them hereby is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President. a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof, EAGLE INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by the President and attested by its Vice Presidents this 5th day of July, 1991. Attest: � ;y7qmjL . Fourquetl, Vice =stden[ STATE OF TEXAS W.: COUNTY OF BEXAR By: EAGLE INSURANCE COMPANY Ste en C. Dahlb esident On this 5th day of July, 1990, before me personally came Stephen C. Dahlbo, to me known, who being by duly swom, did depose and say that he is President of the EAGLE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that is was so affixed by order of the Board of Directors of said corporation and that he signed his name hereto by like order. r JOYCE ROBBINS Jo CE ROBBIN Notary Public, State of tarn NOTARY PUBLIC. State of Texas My Commission expires 01.16.94 Bexar County Commission expires January 16. 1994 CERTIFICATE I, the undersigned, Secretary of the EAGLE INSURANCE COMPANY, a Texas corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors. set forth in the said Power of Attorney. is now in force. Signed and sealed at the City of San Antonio, in the State of Texas. Dated the 21 s t day f July .19 92 PAT CIA I. HOWARD. Secretary y--2 -/ // CONTRACT AGREEMENT STATE OF TEXAS )( COUNTY OF DENTON )( THIS AGREEMENT, made and entered into this 7 day of A.D., 19 92, by and between THE CITY OF DENTON JULY of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed 'OWNER,' and EDWARDS-14CDONALD CO., 2728 S. HILLBRIER, PLANO. TEXAS 75075 of the City of PLANO , County of DALLAS and State of TEXAS , 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 bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID $ 1392 - TENNIS COURT SLAB/OVERLAY in the amount of $37.869.00 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 Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and CA-1 0114s other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON PARSS.AND RECREATION , 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 the4start 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 0114s IN WITNESS WHEREOF, the parties of these presents have executed this a4 reement in the year and day first above written. / I I ATTEST: \aLS -01- CA-3 CITY OF N OWNER By EDWARDS-MCDONALD CO. CONTR�ODR}� �J Title (SEAL) 0114s PERFOR11ANCE BOND STATE OF TEXAS )( Bond # 2-602-346 COUNTY OF DENTON )( KNOW ALL MEN BY THESE PRESENTS: That EDWARDS-MCDONALD CO. of the City of PLANO County of DALLAS , and State of TEXAS as PRINCIPAL, and Ohio Casuality Insurance Company , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firml} bound unto the THE CITY OF DENTON as OWNER, in the penal sum of THIRTY SEVEN THOUSAND EIGHT HUNDRED SIXTY NINE AND N0/10 -------------------Dollars ($ 37,869.00 ) for the payment whereof, Principal and Surety bind themselves and their heirs, administrators, successors and assigns, jointly and severally, by these presents: the saic executors. WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 7 day of JULY , 1992 , for the construction of BID # 1392 - TENNIS COURT SLAB/OVERLAY in the amount of $37,869.00 which contract is hereby referred to and made a dpart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; �! PROVIDED, HOWEVER, that this bond is executed pursuant to th provisions of Article 5160 of the Revised Civil Statutes of Texas as amended b. acts of the 56th Legislature, Regular Session, 1959, and all liabilities on thi bond shall be determined in accordance with the provisions of said Article to thl same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond venue shall lie in DENTON County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to th< work performed _thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereb, waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed anc sealed this instrument this 7th day of July , 19 92. Edwards -McDonald Company Principal By 4f Bob Eggeb cht Title Owner Address 2827 Hillbrier Plano, Texas 75074 ( SEAL ) Ohio Casuality Insurance Company Surety ,j144�Q le ,' Hayford Bolin Title Attorney In Fact Address 275 W. Campbell Rd.#501 Richardson, Texas 75o83-3826 The name and address of the Resident Agent of Surety is: (SEAL) Rayford Bolin Insurance Agency 13773 N. Central Excy #1600 Dallas Texas 75243 NUPE: Date of Bond must not be prior to date of Contract. PB-2 0091b PAYPIENT BOND STATE OF TEXAS )� COUNTY OF DENTON )C KNOW ALL MEN BY THESE PRESENTS: That EDWARDS-MCDONALD CO. of the City of PLANO , County of DALLAS , and State of TEXAS , as principal, and Ohio Casuality Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto THE CITY OF DENTON , OWNER, in the penal sum of THIRTY SEVEN THOUSAND EIGHT HUNDRED,SIXTY NINE AND NO/100------------------------ Dollars ($37,869.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 7 day of JULY , 19 92 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or- a subcontractor in the prosection of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB-3 Surety, for value received, stipulates and agrees that no change extension of time, alteration or addition to the terms of the contract, or to th work performed thereunder, or the plans, specifications or drawings accompanyin; the same, shall in anywise affect its obligation on this bond, and it does hereb, waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITHNESS WHEREOF, the said Principal and Surety have signed an( sealed this instrument this 7th day of July , 1992 Edwards -McDonald Company Principal By dag Bob Eggebrecht Title Owner Address 2827 Hillbrier Plano, Texas 75074 Ohio Casuality Insurance Company Surety Title Attorney In Fact Address 275 w. Campbell Rd. #1600 Richardson, Texas 750 3-2 2 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Rayford Bolin Insurance Agency 13773 N. Central Expy #1600, Dallas, Texas 75243 NA 0092b caRTngED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY HOU19 01171CS. MbMTOH. OHIO No. 18-148 Imm Aff Mtn dN 6 f rt9tnt* That THE OHIO CASUALTY INSURANCE COMPANY. in s pareuam of authority granted by Article V Section 7 of the By -Law of rid Companydoes hereby nominate, constitute and appoints RayfordL. Bolin - - - - - - - - - - - - - - - - -- of Dallas, Texas - - - - - - its true and lawful agent and attorney •in -fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and dead any and all BONDS. UNDERTAKINGS. and RECOGNIZANCFS, not exceeding in any single instance ONE MILLION - - - - - - - - - - - - - - - - - - - - - - - - ($ 1, 0 0 0 , 0 0 0.0 0 excluding, however, any bond(*) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of theme presents, shall be as binding a on acid Compan as fully and amply, to all intent* and purposes, as if they had been duly executed and acknowledged by the regular elected officers of the, Company at its office in Hamilton, Ohio, in their own proper persons. The authority granted hereunder superaedee any previous authority heretofore granted the above named attorneys) -in -fact. In WITNESS WHEREOF, the undersigned, officer of the said The Ohio Casualty (.,s,D Imurance Compaay leas hereunto subscribed ame and affixed the Corp to Seal of the said The Ohio Casualty Insurance Comp t • 27th y of a19 Bl. Z STATE OF OHIO. Asst. Secretar COUNTY OF (SUTLER � On this 27th day of October A. D. 19 81 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified. came Richappd T. Hofpm p pS Se p } 1 of THE OHIO CASUALTY INSURANCE COMPANY. to me personally known to bs�h"d i�'i"vadukl a�b Ye� �cseribad 'tn, and who executed the preceding instrument, and he acknow- ledged the execution of the acme, and being by me duly sworn depoaeth and saith, that he is the officer of the Company Aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the acid Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. 4es,,tplt't�jrN Seal at the IN TESTIMONY yTof HamiltWHEREOF, Ohio, thI have e daynto met and year first above wriaffixed tte . my 06cu1 , %11 e . .................. ..... ... .. a7�....� .9.ntr:6w�ai�o Notary Public in and for ntq of ut.7 p ®rNa np MY Commission ezpir.......QP..(ifrlll�.�r:...1,.1.f...1.�4t�.,.. This power of attorney is granted under and by authority of Article VI, Section 7 of the By -Laws of the Company, adopted by its directors on April 2. 1954. extracts from which read: "ARTICLE VI" "Section 7. Appointment of Attorney -in -Fact, etc. The chairman of the board, the president, any vice-president, the secretary or any auistant secretary shall be and is hereby vested with full power and authority to appoint attorneys -in -fact for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds. recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of county or state, or the United States of America, or to any other political sub. division." This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on May 27. 1970: "RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or Copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed." CERTIFICATE 1, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 7 of the by-laws of the Company and the above Resolution of its Board of Directors are true and eorrect copies and are in full force end effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this 7th day of July A.D., 1992 SEAL 1° s s ,a nty! C Assistant Secretary 3.4300-C 12-80-3M CITY OF DENTON REQUIREMENTS FOR Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorse- ments as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder 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. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid 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, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. 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 throughout the duration of the Contract, or longer, if so noted: o 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 o Any deductibles or self -insured retentions shall be declared in the bid 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. Insurance Requirements Page 2 o Liability policies shall be endorsed to provide the following: oo Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. oo 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. o All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non -renewal or reduction in coverage. o 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. o 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. o 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: Insurance Requirements Page 3 [g] A. General Liability Insurance: General Liability insurance with combined single limits of not less than 500,000 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: o Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. o Coverage B shall include personal injury. o 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: o 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. o Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [g] Automobile Liability Insurance: Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than _ 500,000 per occurrence either in a single policy or in a combination of underlying and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of operation, maintenance or use of any auto, including owned, non -owned and hired automobiles and employee non -ownership use. (ISO Form CA 0001 Current Edition) Insurance Requirements Page 4 fig] workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. c ] 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 combined bodily injury and property damage per occurrence with a aggregate. ] Fire Damage Legal Liability Insurance Coverage is required if Broad provided or is unavailable contractor leases or rents a Limits of not less than required. form General Liability is not to the contractor or if a portion of a City building. each occurrence are ] Professional Liability Insurance Professional liability insurance with limits not less than _ per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. APPROVED 12-18-91 Insurance Requirements Page 5 ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Additional Insurance other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. OOOED BID NUMBER 1392 BID PROPOSALS Page 2 of 7 City of Denton, Texas Purchasing Department 901.0 Texas SL Denton, Texas 79201 ITEM DESCRIPTION QUAN. PRICE AMOUN GL� 1. New post —tension concrete slab and wearing surface on the existing tennis courts at Nette Schultz Park as per Specifications. Each bid must be accompanied by a cashier's check, certified check, or acceptable bidder's bond payable without recourse to the City of Denton, Texas in an amount not less than five (5%) percent of the total amount bid as a guarantee that the bidder will enter into a contract and execute required payment and performance bonds and insurance certificate(s) within ten (10) days after the notification of the award of the contract to the bidder. TOTALS We quote the above f.o.b. delivered to Denton, Texas. Shipment can be made in-70 days from receipt of order. Terms net/30 unless otherwise indicated. In submitting the above bid, the vendor agrees that acceptance of any or all bid Items by the City of Denton, Texas within a reasonable period of time constltues a contract. The completed Bid Proposal must be properly priced, signed and returned. /P), 4 N� Malll_` tlreas r/ / city State ` Zip M) i tlder gnatuTe Title OThe Ohio Casualty Insurance Company FIAMILTON, OHIO BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, That we, Bob DBA Edwards da MMcDoncDonald Company (hereinafter called the Principal) as Principal, and THE OHIO CASUALTY INSURANCE COM- PANY, a corporation organized under the laws of the State of Ohio, with its principal office in the City of Hamilton, Ohio (hereinafter called the Surety) and licensed to do business in the State of Texas as Surety, are held and firmly bound unto City of Denton, Texas (hereinafter called the Obligee) in the penal sum of Five Percent of Greatest Amount Bid Dollars ($ 5yo of GAB ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns. THE CONDITION OF THIS OBLIGATION submitted the accompanying bid, dated June 23, Tennis Court — Slab overlay Nettie Schultz Park Bid #1392 IS SUCH, that whereas, the Principal has 19 92 , for NOW, THEREFORE, if the Obligee shall make any award according to the terms of said bid and the Principal shall enter into a contract with said Obligee in accordance with the terms of said bid and give bond for the faithful performance thereof within the time specified; or if no time is specified within thirty days after the date of said award; or if the Principal shall, in the case of failure so to do, indemnify the Obligee against any loss the Obligee may suffer directly arising by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void: other- wise to remain in full force and virtue. Signed, Sealed and Dated this ...... �3T ........day of .... .June.......I..................... 199�.... COMPLAINT NOTICE: SHOULD ANY DISPUTEARISE ABOUT YOUR PREMIUM OR ABOUTA CLAIM THATYOU HAVE FILED, CONTACT THE AGENT OR WRITE TO THE COMPANY THAT ISSSUED THE POLICY. IF THE PROBLEM IS NOT RESOLVED, YOU MAY ALSO WRITE THE STATE BOARD OF INSURANCE, P.O. BOX 149091, AUSTIN, TEXAS 78714-9091, FAX #512-475-1771. THIS NOTICE OF COMPLAINT PROCEDURE IS FOR INFORMATION ONLY AND DOES NOT BECOME APART OR CONDITION OF THIS POLICY. Edwards McDonald Company ....................................................................... <Pt,r�I�j;_ it By:��. ................. THBOHIO CASUALTY INSURANCE E COMPANY y ..�..G.,4.�'$jr A�mF`...`.`."�................ Rayford L. B in Form 5604E D`D-� C=TngED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY moms OFFN& HAMILTOM OMO No. 18-148 XULM All ISM by $4M jrtWUjL- That THE OHIO CASUALTY INSURANCE COMPANY. in parss of authority granted by Article V Section 7 of the By -Laws of mid Company. duet hereby nominate, constitute and appoints RayfordL. Bolin - - - - - - - - - - - - - - - - -- of Dallas, Texas - - - - - - - its true and lawful agent and attorney -in-fad. to make, exeeate. Beal and deliver for and on its behalf as surety, and as its act and dead any and all BONDS. UNDERTAKINGS. and RECOGNIZANCFS, not exceeding in any single instance ONE MILLION - - - - - - - - - - - - - - - - - - - - - - - - ($ 1,000,000.00 -) Dollaro, excluding, however. any bond(@) or undertaking(*) guaranteeing the payment of notes and intereat thereon And the execution of such bends or undertakinp in pursuance of them proessat shall be as binding upon mid Compton. as fully and amply, to all intents and purposes. as if they had been duly executed and ackaowlsdged by the re- y elected office" of the Company at its office in Hamilton. Ohio, in their own proper persons. The authority granted hereunder *upenedee any previous authority heretofore granted the above named attorney(a)-in-fact. asesIn WITNESS WHEREOF, the undersigned, officer of the mid The Ohio Casualty CSEA l �sji�'Insurance Compaay has hereunto subscribed ame and affixed the Corp toSeal of the L�'� said The Ohio Casualty Insurance Comp t • 27th 1 of 19 81+ STATE OF OHIO. l Asst. Secretar COUNTY OF BUTLER I �' On this 27th day of October A. D. 19 81 War* the subscriber, a Notary Public of the State Of Ohio, in and for the County of Butler, duly commissioned and qualified, rams Richary�d T. Hpf{maf� QCs} Se Yg} r of THE OHIO CASUALTY INSURANCE COMPANY. to me personally known to bs Eh"d it i"vtduil a�b16Ye� �eseribed in. and who executed the preceding instrument, and he acknow. ledged the execution of the mane, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the mid Corporate Seal and his signature as officer were duly affixed and subscribed to the mid instrument by the authority and direction of the mid Corporation. IN '% jtl� Seal at the TESTIMONY i yTof HamiltonSREOF. I have , State of Ohio, the day and year eunto met first above wrthand and &zed ttem my Official ++ g .. ..........ry ...AZd .. . .. �. ..� .. Note Puanfor n of ut or. State of Ohio �O My Commission expir .......DECembe.%...�.�.«...1..9 �..r.. This power of attorney is granted under and by authority of Article VI. Section 7 of the By -Laws of the Company, adopted by its directors on April 2, 1954, extracts from which read: "ARTICLE VI" "Section 7. Appointment of Attorney -in -Fact, etc. The chairmen of the board, the president, any vice-president, the secretary or any ossstant secretary shall be and is hereby vested with full power and authority to appoint attorneys -in -fact for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal acknowledge and deliver any and all bonds. reeognirances, stipulations, undertaking* or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm. corporation, or the official representative thereof, or to any county or state, or any official board or boards of county or state, or the United States of America, or to any other political sub- division.' This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on May 27, 1970: "RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and sea], to be valid and binding upon the Company with the ssme force and effect as though manually affixed." CERTIFICATE 1, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company do hereby certify that the foregoing power of attorney, Article VI Section 7 of the by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force arid effect on this date. IN WITNESS WHEREOF, 1 have hereunto set my hand and the seal of the Company this 23rd day oiJune A.D., 1992 so O&SEAL L Assistant Secretary 3-4300-C 12-110-3101 DATE ACHORD® CERTIFICATE OF INSURANCE ssu July M21, Y1992 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, Rayford Bolin Insurance Agency EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 13773 N. Central Espy t1600 Dallas, Texas 75243 COMPANIES AFFORDING COVERAGE CODE INSURED SUB -CODE ETTERNY A Ohio Casuality Insurance Co. COMPANY B LETTER Bob Eggebrecht dba ETTERNV Edwards XoDonald Co. 2827 Hillbrier LETMTER Y D Plano, Texas 75074 COMPANY E LETTER COVERAGES 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 CO TYPE OF INSURANCE LTR GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE x OCCUR OWNER'S & CONTRACTOR'S PROT. AUTOMOBILE LIABILITY X ANY AUTO A I ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY OTHER POLICY NUMBER BLO 188046(93) BAO (93)188046 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/DD/YY) 4-14-92 4-14-93 4-14-92 4-14-93 ALL LIMITS IN THOUSANDS GENERAL AGGREGATE $500 PRODUCTS-COMPIOPS AGGREGATE $500 PERSONAL & ADVERTISING INJURY $ excl EACH OCCURRENCE $500 FIRE DAMAGE (Any one fire) $ 50 MEDICAL EXPENSE (Any one person) $ 5 SINGLE COMBINED $1 , 000 LIMIT BODILY INJURY $ (Per person) BODILY NJURY $ Per accident) PROPERTY $ DAMAGE EACH AGGREGATE OCCURRENCE STATUTORY $ (EACH ACCIDENT) $ (DISEASE —POLICY LIMIT) $ (DISEASE —EACH EMPLOYEE) City of Denton, its Officials, Agents, Employees and Volunteers, as additional insureds CERTIFICATE HOLDER CANCELLATION City of Denton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 901-B Texas St MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Denton Texas, 76201 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Purchasing Department LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZ PRESENTi� ACORD 25-S (3/88) OACORD CORPORATION 1988 Certificate of insurance da ENHPICAIL IS ISSUED AS A MATTER OF INFORMATION ONLY ANR ,'UNFERS NO RIGHTS UPON YOU, THE CERTIFICATE HOLDER. I. NUI AN INSURANCE POLICY ANU DOES NO[ AMEND, EXTEND, OR Al iCI: fHk covrRAGE APPORDEO BY THE POLICIES LISTED BELOW. 'rllis is tO Certify that SOB ECGEBRECEIT D13A Name and EDWARDS--MCDONALD COMPANY .r Addt:ess of 2728 HILLBRIM Insured LPuma, TX 75075 tom, at the issue by the listed poi or condition of 4 TYPE OF POLICY WORKERS COMPENSATION CoC1AL GENISRAL LIABILITY �1 CLAINS MADE �RLIRD WEE -� l� OCCIIB emus SYIACIAL/XRCL. HNDORSIaLEWS ACID LIABILITY t .I OWN&D 410N IOW BD HIBiip THUS CERN FICATC 050919 dale of this certificate, lm ured by the Company under the policy(its) listed below. The insurance afforded icy(fes) is subject to all their terms, exclutioas and Conditions and is not altered by any requird"Ats, ten NY contract or other document with respect to which this Certificate say be issued, CF.RI, EXP. OAF(* CONTIUIIOUa UTMM u Q POLICY TSNit 06/22/93 POLICY NUMBER 084H61-0221'TEXAS 1 LIMIT OF LIABILITY property Damage y Injury by Accident 100,000 La. n y Injury By Disease I 100,000 Ta. r.i 'y"r wry y ua:e I� 5000000 Pal. lity Per. 0=uLr01I,:u EACH ACCIDENT -SINGLE LIMIT-11J. AND P.D. CONaINk Ii EACH PERSON EACH ACCIDENT OR OCCURRENCE O'I'kikR RAYFORD BOLIN INS. AGENCY...__ 13773 N. CENTRAL EXPY., STE. 16UO DALLAS, TX 75243 IACATlON(S) OF OPORATIOMS A JOB (IC Applicable)_ DY6(StIPT101f OF OPMATI01113: 30 DAYS NOC EXCEPT NONPAY It the certificate expiration ate is Cc",knuous or extended term, you will be notified it CO""ge is terminated or re- wce,i betore the certificate expiration date, however, you will not be notified annually of the continuation of Coverage. f0'1'10E OF CANCELLATION. THE COMPANY WILL NOT 'PERMINATE OR REDUCE 'HE .INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS 30 DAYS IO1'IC2 OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED T6i— EACH ACC ut Ni OR OCLURRI NCI Liberty Mutual Imsuranou croup - TBE CITY OF DEMON TX ��/ s es sr�a�r�t / Ww - LNI.!ATE PURCHASING DEFT AUTH RIZED REPREBENTIVE ...".... IF:H 901—D TEXAS ST 09/03/92 MISHAWAXA DENTON TX 76201 1 DATE ISSUED OFFICE _