HomeMy WebLinkAbout1990-0802651L-3/3689
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the construction of public works or
improvements in accordance with the procedures of state law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has
received and recommended that the herein described bids are the
lowest responsible bids for the construction of the public works
or improvements described in the bid invitation, bid proposals
and plans and specifications therefore; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the following competitive bids for the
construction of public works or improvements, as described in the
"Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according
to the bid number assigned hereto, are hereby accepted and
approved as being the lowest responsible bids:
BID NUMBER CONTRACTOR AMOUNT
1103 Floyd Glenn Smith 81,541.00
1104 Atkins Brothers 562,997.00
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 notifi-
cation 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 Proposals, and documents relating thereto
specifying the terms, conditions, plans and specifications,
standards, quantities and specified sums contained therein.
SECTION IV. That upon acceptance and approval of the above
competitive bids and the execution of contracts for the public
works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in
the amount as specified in such approved bids and authorized
contracts executed pursuant thereto.
SECTION V. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of L44jo ,
1990.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: NIA
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY: LIU)
PAGE 2
DATE: JUNE 5, 1990
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID# 1103 - WESTVIEW TRAIL PAVING PROJECT
RECOMMENDATION: We recommend this bid be awarded to the lowest
bidder, Floyd Glenn Smith in the amount of $81,541.00, with
completion in 25-days.
SUMMARY: This bid is for improvements to the concrete paving on
Westview Trail. The project consists of 4,500 square yards of
8" concrete pavement along with curb and gutter, driveway
approaches, and manholes.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Street construction
capital improvements, traffic control, and citizens around
Westview Trail.
FISCAL IMPACT: Funds for this project will come from two
accounts. Approximately 1/2 from Street Maintenance funds,
account #100-020-0031-8303, $40,383.23 and 1/2 from account
#299-020-003-9105, $41,157.77, Public Works Special Revenue.
Respectfu y submitted:
Llo VhF Harrell
City Mawnager
Prepared by:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
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CONTRACT AGREEMENT
STATE OF TEXAS )(
COUNTY OF DENTON H
THIS AGREEMENT, made and entered into this 5th day of JUNE
A.D. , 1990 , by and between THE CITY OF DENTON
of the County of DENTON and State of Texas, acting through LLOVD v
thereunto duly authorized so to do,
Party of the First Part, hereinafter termed the OWNER, and 01.OYD -cm,NN."
SMITH P O BOX 1781, DENTON, TEXAS 76202 -
of the City of DENTON , County of DENTON
and State of TEXAS , Party of the Second Part, hereinafter
termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the Party Of the
First part (OWNER), and under the conditions expressed in the bonds bearing
even date herewith, the said Party of the Second Part (CONTRACTOR) hereby
agrees with,the said Party of the First Part (OWNER) to commence and complete
the construction of certain improvements described as follows:
BID$ 1103-WESTVIEW TRAIL 8" CONCRETE PAVING IMPROVEMENTS
and all extra work in connection therewith, under the terns as stated in the
General Conditions of the agreement; and at his (or their) own proper cost and
expense to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and other accessories and services
necessary to complete the said construction, in accordance with the conditions
and prices stated in the Proposal attached hereto, and in accordance with all
the General Conditions of the Agreement, the Special Conditions, the Notice to
Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance
and Payment Bonds, all attached hereto, and in accordance with the plans,
which includes all maps, plats, blueprints, and other drawings and printed or
CA-1
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written explanatory matter thereof, and the Specifications therefore, as
prepared by THE CITY OF DENTON TEXAS ENGINEERING 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.
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0114s
IN WITNESS WHEREOF, the parties of these presents have executed this
agreement in the year and day first above written.
ATTEST:
APPROVED AS TO F�OR�M:
0
Ci Attorney
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Party of jAe First Part, OWNER
LLOYD V. HARRELL. CI'PY MANAGE]
(SEAL)
FiG /Lt SMITH
Party of the Second Pa rt, CONTRACTOR
By
Title
(SEAL)
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That FLOYD SMITH CONCRETE
of the .City of DENTON
County of DENTON , and State of TEXAS ,as
principal, and SECURITY NATIONAL INSURANCE. COMPANY
authorized under the laws of the State of Texas to act as
surety on bonds for principals, are held and firmly bound
unto THE CITY OF DENTON TEXAS , in the penal sum
Of F.IGHTV ONE THOUSANll FIVE HUNDRED FORTY ONE AND NO/lONollars
($ 81,S41.00 ) for the payment whereof, the said Principal
and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, by
these presents:
WHEREAS, the Principal has entered into a certain written
contract with the City of Denton, dated the 5th day
Of JUNE , 19 90 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 faithfully perform said
Contract and shall in all respects duly and faithfully observe
and perform all and singular the covenants,. 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
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.
F�1_
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms
of the contract, or to the work performed thereunder, or the
plans, specifications, or drawings accompanying the same, shall
in anywise affect its obligation on this bond, and it 'does
hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract, or to the
work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have
signed and sealed this instrument this 22nd aay
of `TUNE 19 90
FLOYD SMITH CONCRETE
PRINCIPAL
By
Title OWNER _
Address: P.O. Box 1781
DENTON, TEDAS 76202
SECURITY NATIONAL TNSiJRANCE G(WPANY
EWAI
Title AGENT AND ATTORNEY -IN -FACT
Address: 707 FIRST STATE BANK BLDG
Y
The name and address of the Resident Agent of Surety is: a, �
RAMEY,KING & MINNIS INSURANCE ` �a
707 FIRST STATE BANK BUILDING. DENTON. TEXAS 76201
QJ
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That FLOYD SMITH CONCRETE
of the City of nF.NTnN
County of DENTON , and the State of TEXAS
as Principal, and SECURITY NATIONAL INSURANCE COMPANY
authorized under the laws of the State of Texas to act as
Surety on bonds for principals, are held and firmly bound unto
The City of Denton, Texas, in the penal sum of EIGHTY ONE THOUSAND,
FIVE HUNDRED FORTY
ONE AND NO1100 Dollars ($ 81,541.00 ) for the payment whereof,
the said Principal and Surety bind themselves and their heirs,
administrators, executors, successors and assigns, jointly and
severally, by these presents:
WHEREAS, the Principal has entered into a certain written
contract with the City of Denton, dated the 5th day
of .TUNE 19, g0 , 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 prosecution
of the work provided for in said contract, then this obligation
shall be void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to
the provisions of Article 5160 of the Revised Civil Statutes of
Texas as amended by 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.
L
PB - 3
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms
of the contract, or to the work performed thereunder, or the
plans, specifications, or drawings accompanying the same, shall
in anywise affect its obligation on this bond, and it does
hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract, or to the
work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have
signed and sealed this instrument this 22nd day
of JUNE lg 90 .
FLOYD SMITH CONCRETE
g PR NCI AL
By q), I /
Title � OWNER
Address: P.O. BOX 1781
DENTON, TEXAS 76202
SECURITY ATIONAL INSURANCE COMPANY
SURE
By
Title AGENT F, ATTORNEY -IN -FACT'
Address: 707 FIRST STATE BANK BLDG.
DENTON, TEXAS 76201
The name and address of the Resident Agent of Surety is:
u
MAINTENANCE BOND
THE STATE OF TEXAS
COUNTY OF DENTON
5
5
That FLOYD SMITH.CONCRETE
KNOW ALL MEN BY THESE PRESENTS:
as Principal, and SECURITY NATIONAL INSURANCE COMPANY
a corporation authorized to do business in the state of Texas,
as surety, do hereby acknowledge themselves to be held and bound
to pay unto the City of Denton, a Municipal Corporation of the
State of Texas, its successors and assigns, at Denton, Denton
County, Texas, the sum of EIGHT THOUSAND, ONE HUNDRED FIFTY
FOUR AND 10/100
($ 8,154.10 ), the said sum being ten (10%) percent of the
total amount of the hereinafter mentioned contract for the
payment of which sum said principal and surety do hereby bind
themselves, their successors and assigns, jointly and severally.
This obligation is conditioned, however, that:
WHEREAS, the principal has entered into a written contract
with the said City of Denton to build and construct
RID# 1103-WESTVIEW TRAIL 8" CONCRETE PAVING IMPROVEMENTS
which contract and the plans and specifications therein
mentioned; adopted by the City of Denton, are filed with the
City Secretary of said City and are hereby expressly incor-
porated herein by reference and made a part hereof as though
the same were written and set out in full herein;
NOW, THEREFORE, if the Principal shall well, truly, an
faithfully maintain and keep in good repair the work contracted
to be done and performed for a period of one (1) year from the
date of acceptance in writing by the City of Denton and do all
necessary work and repair of any defective conditions growing
out of or arising from the improper work of the same, including,
but not limited to, any settling, breaking, cracking or other
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MB - 1
defective condition of any of the work or part thereof arising
from improper excavation, backfilling, compacting or any other
cause or condition, known or unknown, at any time during the
period of this bond, which the city engineer, whose judgment
shall be final and conclusive, determines to be the result of
defective work, materials or labor; then this obligation shall
be void, otherwise to remain in full force and effect.
In case the said Principal shall fail to maintain, repair
or reconstruct any defective condition of the work as
determined herein, it is agreed that the City may do said work
and supply such materials as necessary and charge the sum
against the said Principal and Surety on this obligation.
It is further agreed that this obligation shall be
continued one against the Principal and Surety and that
successive recoveries may be had hereon for successive breaches
of the conditions herein provided until the full amount of this
bond shall have been exhausted, and it is further understood
that the obligation to maintain said work shall continue
throughout said maintenance period, and the same shall not be
changed, diminished, or in any manner affected from any cause
during said time.
Provided, further, that if legal action be filed on this
bond, venue shall lie in Denton County.
IN WITNESS WHEREOF, this instrument is executed in
duplicate, each one of which shall be deemed an original, this
the 22nd day of JUNE , A.D., 1990
SURETY
PRINCIPAL
SECURITY �ATIONAL INSURANCE CMTANY FLOYD
T�; CONMETE
4 � ' I.�
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AGENT & ATTORNEY -IN -FACT
MB - 2
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TheTrinity
Q' Companies
Dallas, Texas 75201
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS
That TRINITY UNIVERSAL INSURANCE COiaPANY and SECURITY NATIONAL IN SU RANCE,CO,/INY;
each a Texas Corporation and TRINITY UNIVERSAL INSURANCE COMPANY OF'K'ANSAS, IM' a
Kansas Corporation do hereby appoin
M. G. RAMEY, TERRELL W. KING, III, RANDAI,LxV.
MINNIS, JEFF P. KING OR JAMES KING — DENTON, TEXAS
its true and lowfal Attorney(s)-in-Fact, with fsll oonccrlty to execute on its behalf fidelity dnl surety'bond3
or undertakings and other documents of a similar rho, -actor issued in the course of its business„'.and to
bind the respective company thereby. -
EXCEPT NO AUTHORI"I Y IS GRANTED FOR.
1. Open Penalty bonds. -
2. Bonds where Attorney(s) -In-Fact cocecr as a part, at interest.
IN WITNESS WHEREOF, TRINITY- UNIVFPSAL INSURANCE COMPANY, SECURITY. NATIONAL IN-
SURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., have each
executed and attested these presents -
this 29TH day of APRII 19 $$:.
/ �ECRARY-VICE RES. EJUDI H E. FAGAN, LURr. . ,R51 DEN
AUTHORITY FOR POWER OF ATTORNEY
That TRINITY UNIVERSAL INSURANCE COr:1PANY and SECURITY NATIONAL INSURANCE COMPANY;
each a Teas Corporation and TRINIT'f UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., o Kansas
Corporation, in pursuance of aurhorir: .tranted h, :hct resolution adopted by Their respective Board of
Directors an the 1st day of i.larch, 1975 end of .vhicn me iollowioc is a true, full, and complete copy:'.
"RESOLVED, That The President, ony Vice -President, or any Secretor/ of each of these Companies be avid
they ore Hereby authorized and erTloowarad c maG, _—cote, and deliver in behalf of these Companies
,into such n
person or persons residing n,ithlo rile Uited Stares of America, as they may select, its Power
Of Arrornev constltaTing and o-Pointlna each such person its A:Tornec-in-Fact, with full power and author-
. ithy to make, execute and deliver, far It, im its name and in its behalf, as surety, any particular bond or
anderta',ing that may be required in the specified tern tutu, under such limitations and restrictions, both
as to nature of such bonds or undertaking and as to Ilmirs of liability to be undertaken by these Companies,
as said Officers may deem proper, the ncture of such 'ponds or undertakings and the limits of liability to
which such Powers of Attorney may be restricted, to be in each Instance specified in such Power of
Attorney.
RESOLVED, That any and all Attorneys-in-Fccr cad Officers cf the Companies, including Assistant Secret.
Caries, whether or riot the Secrere" is absent, be and ore hereby authorized and empowered To certify or
verify copies of The By -Laws a' the sa Comncnies as well as on, rosolatlon of the Directors, having to do
with rf:e execution of bonds, recognizanw s, contracts of Inde mnir �, and all other writings obligatory in the
nature thereof, or with regard to The powers of any of r:ne cfficers of these Companies or of Ad orneys-in-
Fact.
RESOLVED, That the signature of em, of ;L,e o
oarsens escribed L, .. a
simile signatures as fixed or reproducr_d fore aoiny resol union may be'fac- -
'oy on, rcrrn r r7p ut ;, ;,I. p or other reproduction of
The names of the persons hereinabo,e av tiTariae d."
CERTIFICATION OF POWER ATTORNEY
I, Judith E. Fagan, Carp. Secret,, of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL
INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do hereby
certify that the foregoing Resolution of The Boards of Directors or these Corporarions, and the Power
Attorney issued pursuant thereto, are true and correct and are still in full force and effect.
IN '.91TNESS 'iHc REOF^,Irna e'r.ereunto set my ne-d and arf --ci toe fccsimlle seal of each Corporation
41
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g1.��N°r4 T� �.xWmumry,y'a.�, 1 e'urlwruyp �.r
SEAL:3 SEALts= JUDITH E. FAGAN, CORP. SECRETARY
• `y/yam. � i ids � �� $ ^ '. � .
�J Wbnir..rrnOP� f Q:yrnnM
B-309a
REV. 3-82
CITY OF DENTON
INSURANCE MINIMUM REQUIREMENTS
INSURANCE:
Without limiting any of the other obligations or liabilities of
the Contractor, the Contractor shall provide and maintain until
the contracted work and/or material has been completed/delivered
and accepted by the City of Denton, Owner, the minimum insurance
coverage as indicated hereinafter.
Satisfactory certificate(s) of insurance shall be filed with the
Purchasing Department prior to starting any construction work
or activities to deliver material on this Contract. The
certificate(s) shall state that thirty (30) days advance written
notice will be given to the Owner before any policy covered
thereby is changed or cancelled. The bid number and title of the
project should be indicated, and the City of Denton should also
be listed on all policies as an additional named insured. To
avoid any undue delays, it is worth reiterating that:
o Thirty (30) days advance written notice of material change
or cancellation shall be given;
o The City of Denton shall be an additional named insured on
all policies.
I. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY. This
insurance shall protect the Contractor against all claims
under applicable state workmen's compensation laws. The
Contractor shall also be protected against claims for
injury, disease, or death of employees which, for any
reason, may not fall within the provisions of a workmen's
compensation law.
The liability limits shall not be less than:
o Workmen's Compensation - Statutory
o Employer's Liability - Statutory
II. COMPREHENSIVE AUTOMOBILE LIABILITY. This insurance shall
be written in comprehensive form and shall protect_ the
Contractor against all claims for injuries to members of
the public and damage to property of others arising from
the use of motor vehicles licensed for highway use,
whether they are owned, nonowned, or hired.
The liability limits shall not be less than:
o A combined single limit of $500,OOU.
III. COMPREHENSIVE GENERAL LIABILITY. This insurance shall be
written in comprehensive form and shall protect the
Contractor against all claims arising from injuries to
members of the public or damage to property of others
arising out of any act or omission of the Contractor or
his agents, employees or subcontractors.
CI - I
To the extent the Contractor's work, or work under his
direction, may require blasting, explosive conditions, or
underground operations, the comprehensive general liability
coverage shall contain no exclusion relative to blasting,
explosion, collapse of buildings, or damage to underground
property,
The liability limits shall not be less than:
o A combined single limit of $500,000.
IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This
insurance shall provide coverage for the Owner and its
employees, in the name of the City of Denton, for
liability that may be imposed arising out of the work
being performed by the Contractor. This also includes
liability arising out of the omissions or supervisory acts
Of the Owner. Although this insurance is strictly for the
benefit of the Owner, the Contractor is responsible for
obtaining it at his expense.
The liability limits shall not be less than:
o A combined single limit of $500,000.
INSURANCE SUMMARY:
The Contract shall provide insurance to cover operating hazards
during the period of placing the facility in operation and during
testing, and until such time as the facilities are completed and
accepted for operation by the Owner and written notice of that
fact has been issued by the Owner. Approval of the insurance by.
the Owner shall not in any way relieve or decrease the liability
of the Contractor hereunder. It is expressly understood that the
Owner does not in any way represent that the specified limits of
liability or coverage or policy forms are sufficient or adequate
to protect the interest or liabilities of the Contractor.
Again, the Owner shall be given a certificate of insurance
indicating that all of the above policies and the appropriate
limits are indeed enforced. The certificate shall also indicate
that the Owner will be given at least thirty (30) days written
notice of cancellation, non -renewal, or material change of the
required insurance coverage. All responsibility for payment of
any sums resulting from any deductible provisions, corridor or
self -insured retention conditions of the policy or policies shall
remain with the Contractor: The Contractor shall. not begin any
work until the Owner has reviewed and approved the insurance
certificates and so notified the Contractor directly in writing.
Any notice to proceed that is issued shall be subject to such
approval by the Owner.
7r
CI - 2
T H U 1 2 ] 57 P u. me •d K i "-sr Pl i F_ ID 1
CERTIFICATE OF INSURANCE ISSUE DATE (MM'DONY'
July 5, 1990
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
Kin 6 MinniB NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
-Ramey S EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
707 First State Bank Bldg.
Denton, Texas 76201 COMPANIES AFFORDING COVERAGE
CODE
INSURED
sun -CODE
Floyd Smith
Box 1781
Denton, Texas 76202
COMPANY A
LETTER
COMPANY
LETTER
COMPANY G.
LETTER
COMPANY p
LETTER
COMPANY E
LETTER
Trinity Universal
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE IN$VF450 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
O. TYPE OF INSURANCE POPOLICY EFFECTIVE POLICY EXPIRATION:'ALL LIMITS IN THOUSANDS
TR DATE (MWODlYY) DATELICY NUMBER (MMIDDIYV)
GENERAL LIABILITY GENERAL AGGREGATE f 10000
A x COMMERCIAL GENERAL LIABILITY GL7474918 5/1/90 5/1/91 PRODUCTB•COMPIOP$ AGGREGATE 8
CLAIMS MADE X OCCUR, PERSONAL A ADVERTISING INJURY S 500
X OWNER'S A CONTRACTOR'S PACT, ' EACH OCCURRENCE $ 500
FIRE DAMAGE (Any and Ilyd) 8 50
MEDICAL EXPENSE (Any and pardon) 8 5
AUTOMOBILE LIABILITY
COMBINED
A x ANY AUTO TCA6563214
5/1/90 5/1/91 LIMIT f 1,000
x ALL OWNED AUTOS
BODILY
INJURY 8
SCHEDULED AUTOS
(Par pardon)
HIRED AUTOS
BODILY
INJURY $
NON -OWNED AUTOS
1 (Par 4001dorm
OARAOE LIABILITY
PROPERTY 8
I DAMAGE
EXCESS LIABILITY
AGGREGATE
OOCEHAENCE
S A
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
STATUTORY
8 ACCIDENT)
100 (EA
rA AND WC8273085
5/1/90 5/1/.91 f (DISEASE—ASE—POLICY LIMIT)
EMPLOYERS' LIABILITY
100
f lOO (DISEASE —@ACM EMPLOYEE;
OTHER
IESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESIRESYRICTIONSISPECUAL ITEMS
City of Denton
901B Texas St.
Denton, Tx. 76201
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
! MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPO THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTAnV
Ramey Kin
®ACORD CORPORATION 1988
/CORD 26-5 (3/8B)
CONDITIONS
ADDITIONAL INSURED: The City of Denton, its elected and
appointed officials, officers and employees. (This does not
apply to Worker's Compensation.)
NOTICE OF CANCELLATION: Prior to any material change or
cancellation, the City of Denton will be given 30 days advance
written notice mailed to the stated address of the Certificate
Holder, City of Denton.
1. CONTRACTURAL COVERAGE: (Liability assumed by contract
or agreement, and would not otherwise exist.) The
contractual liability requirement shown on the reverse
side of this Certificate of Insurance under
Comprehensive General Liability, must include a
definition of coverage broad enough to provide coverage
for obligations assumed by the contractor in the
referenced contract. This Certificate of Insurance is
provided as required by the governing contract.
2. CLAIMS MADE POLICY FORM: Required period of coverage
will be determined by the following formula:
Continuous coverage for the life of the contract, plus
one year (to provide coverage for the warranty period),
and a extended discovery period for a minimum of five
(5) years which shall begin at the end of. the warranty
period.
3. FIRE LEGAL LIABILITY: (Required in all contracts that
involve the occupancy, construction or alteration of
City -owned or leased facilities.) Insurance is to
cover buildings, contents (where applicable) and
permanently installed equipment with respect to
property damage to structures or portions of structures
if such damage is caused by the peril of fire and due
to the operations of the contractor. Limit of
liability is to be a minimum of $500,000.
CI - 4
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sPROPOSAL 9
' y t It �-✓ � � _ ' ev n � u t a3 M�'�a� �� �� � � , �5't�{q' f I�1
TO
t
" 4y'3 a rt5} THE CITY OF DENTON, s �t
TEXAa
S w"{
ty+`( spy�i„
h n2l'W' r $ t7 c c .� s �x � w f. # �•� r , ti� a'i,t�,�,�
FOR THE CONSTRUCTION x-OF µ -
=#'n�xC.>',41
�•J k ,���;t �� is ll5 t ! �'^e r '...� -` , f J � � •-'�t� :�, i , x�i"�
WESTVIEW TRAIL 81! CONCRETE PAVINGtIMPROVEMENTS
x } w
IN
+t pi.f s <i� t i(,.�{� 1- ,�,.iel. lr �•,`w'
DENTON, TEXAS,#(i�>
4PT,I�a�
if(.��s
The*undersigned, as bidder, declaresalthat,
the 'only
parties ':interested in this person ors-ti
proposal ''ast: principals are thoses
named,Sherein,"> that- this proposal is made "without 3.collusion withYr
any ',`other'''person, firm`or corporation, ;that hej�;i'has carefu11ya r
�5examined'lthes form of� contract, Notice eto iBidders, r,specifications;N �,
and =,the R plans ,therein referred .to, y and ',has carefully examined]
thee;rlocations, conditions,' and classes;' of materials of thets ,#
IX .laborsed work' and -agrees that; he will'�provide all,";" necessary
,;machinery, tools,' apparatus,tand-other items incidental 4;
to" construction, and will do all theJ�work' and furnish all the'
materialscalled for in the contract>"and specifications in the jM x
manner' prescribed herein and according`to. the re uirements oft-"i'
the"aCity'as therein set:.forth. ! ;f9
it is. 'understood that the following ''quantities Hof work to be S`'}�k�+�'
done: at unit prices are approximate only, and,,•`are intended 4m,
principally to serve as a guide in evaluating bids f# 5
It is' -agreed that the quantities of''work to be;:done at unit `4k
prices" :and material to be furnished._; may be �xyincreasad or "—
diminished as i may be considered ` necessar 't'R
of', Cit Y. imFthe opinion
contem lated� to complete the work. fully as .I; planned and r s•
that. -,ail, quantities.; of,.work whether . increased 'r
or ,'decreased are to be",
'performed at the unit prices .set forth: ,z 1, �
i below,Iexcept as%provided for`i?in the%'sppecifications of sf;
if 1 i''r.l q
It-,is further agreed that lump sum 'pcices,1may beiiiincreased to s
cover.=additional' work ordered by the:i,City,;' but no&i!shown on the
plans''or required by the specifications, >in accordance with the 'F�t
provisions. to the General .Conditions.,° Similar, "Fthe �'
Yi Y.may be,t,' ,g
decreased,,to cover deletion. of work so iotdered. ; n,! qzi
It is understood'and agreed that the}work is to be";completed inv,^
sheet
within the,number of work days shown on the bi1d tabulation
w. 1 ! 'yA It V2
s
I.!ZI.n P ;.r;WORA DAYS
25
BID NO.
j1O3
Westview Trail 8 . Concrete Pavin
Improvements -1+,',
PO NO.
'-
BID TABULATION SH(EET
y"
NX
ITEM
" DESCRIPTION
QUANTITY +UNIT
'UNIT PRICE
TOTAL2'�!"a`
1
1.21
Contractor's Warranties
LS
5.8 . '
8" Concrete Pavement
4520
SY
Barricades, Warning
8.1
Si ns, and Detours
L3
°`
7
J
� 1
.8.2-A,
Concrete Curb and Gutter
420
LF
=�
az m
{
8.3*
6' Concrete Driveway
20
SY
Q
6.7:2-A
Adjust Manholes
3' t''
+ EA
SP-15A,
A ust Valves
3
EA
. ... �. -,'
.. .,. ...
i'1
'>4,t.`� O
.•..,:pad .�'.
SP=158
I Sewer.Cleanout
1 ''
EA
/
M4
I
,j
Total
k'
4/11 A
n6
...
. ....
.. I .o'
❑,lit.
I, ''i
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1 /
VIM
149
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-
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I
C F
I
�f'V` ZFk1{
1103 41.1
-BID SUMMARY,',,"
TOTALT^BID PRICE ,IN WORDS((k, Amj n��Q
1 � D�.C(I �. iT✓W i.l T d pM '���-i'u
d.:.4J.,l
`I s
In the 'event of the award of a contract to•the undersigned,
S bt
the 1
undersigned will furnish a performance!' bond
and a>:Ppayment bond `
for`: 'the'•'full •-' amount of the contract,..,;
to secure proper
compliance with the terms and provisions of
`"and
thesv'contract,
to
"insure 'guarantee the work until ,final completion
and
acceptance, and' to guarantee payment `for' all
'�d
lawful claims
for '."a..
labor performed and materials furnished in
fulfillment
. <<;
of
.the
the contract "
p.„-5�.•
It 'is understood that the work proposed to
be done shall
be &��{
'•
accepted, when ,fully completed and finished
in accordance with
;r
the. plans: and` specifications,• to the;>.satisfaction of
,:''.`_
theik
Engineer
The ;undersigned certifies that the bid1prices
contained in this
rz
proposal'"have.'been carefully checked,; and
are !-submitted
as
correct and final.
€4
"lum
Unit and' lump -sum prices as shown for ',each -'item listed in this
rk,
_. proposal, shall control over extensions.zva
a
w 4s
CONTR CTOR
Ir
BY
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c
t�
,� �"'
�CIe,,✓G�sN
Street Address
City and tateiJ
!
u
r<fu
Seal & Authorization
'
(If a.Corporation)
F - Telephone
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�fV.Y
-TheTrini
Companies
Dallas, Texas
Trinity Universal Insurance Co.
Security National Insurance Co.
Trinity Universal Insurance Co.
of Kansas, Inc.
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we FLOYD SMITH CONCRETE CONTRACTOR
AND FLOYD GLENN SMITH, INDIVIDUAL
as Principal, hereinafter called the Principal, and SECURITY NATIONAL INSURANCE COMPANY
Surety, hereinafter called the Surety, are held and firmly bound unto
CITY OF DENTON, TEXAS
as Obligee, hereinafter called the Obligee, in the sum of
,as
FIVE PERCENT OF BID ............................
Dollars (s 5 % of bid ), for the
payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
City Street REpair, Westview Trail, Denton, Texas
NOW THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified
in the bid, enter into a contract in writing and give bond with good and sufficient surety, or, in the event of the failure of the
Principal to enter into such Contract and give such bond or bonds: if the Principal shall pay to the Obligee the difference not
to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may
in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void,
otherwise to remain in full force and effect.
PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the
final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has
been firmly committed to cover the entire cost of the project.
Signed and sealed this 15th day of May , ig 90
(Witness)
�SEBL� OE ''SEAL
S 6tB 15 Bll "
FLOYD SMITH CONCRETE CONTRACTOR
AND FLOYD GLENN SMITH, INDIVIDUAL
g (Prirtapal) 'I /
(Seal)
1
(Title)
r
SECURIT NATIONAL INSURANCE COMPANY
(Attornnv-In-Fact
n
TheRinity
'WCompanies
Dallas. Texas 75201
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY,
each a Texas Corporation and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a
Kansas CarPa,atian do hereby appoint M. G. RAMEY, TERRELL W. KING, III,
RANDALL L. MINNIS, OR JEFF P. KING — DENTON, TEXAS
its true and lawful Attorneys)-ia-Fact, with full authority to execute on its behalf fidelity and surety bonds
or undertakings and other documents of a similar character issued In the course of its business, and to
hind the respective company thereby.
EXCEPT NO AUTHORI-1'Y IS GRANTED FOR:
1. Open Penalty bonds.
2. Bonds where Attorney(s) -in-Fact appear as a party at interest.
IN WITNESS WHEREOF, TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL IN-
SURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, IN::., hove each
executed and attested these presents
this
4TH day of FFRRIIARY t9 87
E ARV-VIT [E PRES• JRnCZ U. OR WERT, pgESIDENT
AUTHORITY FOR POWER OF ATTORNEY
That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY,
each a Texas Corporation and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a Kansas
Corporation, in pursuance of authority granted by that certain resolution adopted by their respective Board of
Directors on the 1st day of March, 1976 and of which the followinq is a true, full, and complete copy:
"RESOLVED, That the President, any Vice -President, or any Secretary of each of these Companies be cm,l
they are hereby authorized and empowered to rooks, execute, and deliver in behalf of those Cornpaiiies
unto such person or persons residino within the United States of America, as they nioy select, its Power
of Attorney constituting and appointing each such person its Attorney -in -Fact, with full power and authat-
ity to make, execute and deliver, for it, in its name and in its behalf, as surety, any particular bond or
undertaking that niay he required in the specified territory, under such limitations and restrictions, both
as to nature of such bonds or undertaking and as to limits of liability to be undertaken by these Companies,
as said Officers may deem proper, the nature of such bonds or undertakings and the limits of linhility to
which such Powers of Attorney may be restricted, to he in each Instance specified In such Powor of
Attorney.
RESOLVED, That any and all Attorneys -in -Fact and Officers of the Companies, including Asslstont Socr.,-
taries, whether or not the Secretary is absent, be and ore hereby authorized and empowered to certify or
verify copies of the By -Laws of these Companies as well as any resolution of the Directors, having to in
with the execution of bonds, recognlzauces, contracts of indemnity, and all other writings obligatory in tho
nature thereof, or with regard to the powers of any of the officers of these Companies or of Attorneys -in -
Fact.
RESOLVED, That the signature of any of the persons described in the foregoing resolution may he fac-
simile signatures as fixed or reproduced by any form of typing, printing, stamping or other reproduction of
the names of the Persons herelnobove authorized. -
CERTIFICATION OF POWER ATTORNEY
I, Judith E. Fagan, Corp. Secretary of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL
INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do hereby
certify that the foregoing Resolution of the Boards of Directors of these Corporations, and the Power
Attorney issued pursuant thereto, ore true and correct and are still in full force and effect.
IN WITNESS WHEREOF,_1 have hereunto set my hand and of ixe/di the facsimile soul of each Corporation
1 �
day of q _i til w iy
Fri y # 4�s c: • .!y a= -oY: i•.�:,�f _n >� �Z "i` oX
q;,...:SEAL:-a _=iSEAUH f/JU pITN E. FAGAN, CORP. SEC RET ARV
c sy\_• ,*,y�'" . X. • .pia $-' °
�"nnrmn w�mrnm�
ri E v. 3-82
DATE: JUNE 5, 1990
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID# 1104 - 1989 UTILITIES CIP 6" WATER LINES AND
8" SEWER LINES
RECOMMENDATION: We recommend this bid be awarded to the lowest
responsible bidder Atkins Brothers, in the amount of $442,195.00
for the water lines, and $120,802.00 for the sewer lines. Total
bid award $562,997.00 with completion in 125 days.
SUMMARY: This bid is for the installation of 6" water lines on
Bristol Court, Wilsonwood Street, Brightwood Street, Longfellow
Street, Skylark Street, Sun Valley Street, Valley View Street,
Sunnydale Street, Oriole Street, Bob-O-Link Street, and
Hummingbird Street. The bid also includes 8" sewer lines on
Austin Street, Foxcroft Street, Avenue "C", and Stella Street.
These projects were approved as portions of the 1989 Capital
Improvements Program for the Water/Wastewater Utility.
BACKGROUND: Tabulation Sheet, Minutes of Public Utility Board
Meeting
PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Water/Wastewater
Utility, CIP Program
FISCAL IMPACT: Funds for these projects will come from 1989
Capital Improvement Program, account number
623-081-RB89-R905-9114 and 624-082-0471-V906-9114
Respect lyy/submitted:
Lloy . Harrell
City Manager
PrE�pared by:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
030.DOC
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CONTRACT AGREEMENT
STATE'OF TEXAS )( -
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this Sth day of JUNE
A.D., 1990 , by and between THE CITY OF DENTON
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 ATKINS BROS. -,
EOUIUMENT Co-, TNr 918 ARS Ai.f.GRAND PRAIRIE TEXAS 75051
of the City of GRAND PRAIRIE , County of DALLAS
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 commenceandcomplete
the construction of certain improvements described as follows: BID# 1104-1-989
UTILITIES C.I.P., BRISTOL CT, WILSONWOOD ST., BRIGHTWOOD ST., LONGFELLOW
ST., SKYLARK ST., SUN VALLEY ST., VALLEY VIEW ST., SUNNYUAIL S'P., ORIOLE
ST., BOB—O—LINK, HUMMINGBIRD ST., 6" WATERLINES & AUSTIN ST., FOXCROFT
ST., AVE. C ST., & STELLA ST., SANITARY SEWER L
and all extra work in connection therewith, under the terns 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 Co
Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance
and Payment Bonds, all attached hereto, and in accordance with the plans,
which includes all maps, plats, blueprints, and other drawings and printed or
CA-1
0114s
written explanatory matter thereof, and the Specifications therefore, as
prepared by THE CITY OF DENTON TEXAS ENGINEERING 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.
CA-2
0114s
IN WITNESS WHEREOF, the parties of these presents have executed this
agreement in the year and day first above written:
ATTEST:
CA-3
0114s
CITY OF D iTON TEXAS
Party of t) ��irst park/
LLOYD V. HARRELL, CITY MANAGER
(SEAL)
ATKINS BROS. EQUIPMENT CO., INC.
Party of the Second Part, ECMACTOR
By
Title
(SEAL)
R
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That ATKINS BROTHERS
EQUIPMENT COMPANY of the City of GRAND PRAIRIE
County of DALLAS , and State of TEXAS ,as
principal, and WEST AMERICAN INSURANCE COMPANY
authorized under the laws of the State of Texas to act as
surety on bonds for principals, are held and firmly bound
unto THE CITY OF DENTON TEXAS , in the penal sum
of .,.V..NHXNBRNB/la6TY TWO THOUSAND, NINE HUNDRED NINTY Dollars
�$ 562,997.00 ) for the payment whereof, the said Principal
and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, by
these presents:
WHEREAS, the Principal has entered into a certain written
contract with the City of Denton, dated the 5th day
Of JUNE , 1990 , 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 faithfully perform said
Contract and shall in all respects duly and faithfully observe
and perform all and singular the covenants, 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
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.
PH - 1
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms
of the contract, or to the work performed thereunder, or the
plans, specifications, or drawings accompanying the same, shall
in anywise affect its obligation on this bond, and it does
hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract, or to the
work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have
signed and sealed
of June
this instrument this 5th
19 90
ATKINS BROS. EQUIPMENT COMPANY WEST AMERICAN INSURANCE
PRINCIPAL SURETY
By—1 By 1061
Mike^Atkins Raj Watson SC;
- Title pre.s.i:rlAnt Title n+tnrnay-in-far-1-
Address:Atkims Brea. F.ant c'c. InC.Address: Watson Acency
day
mot_
4�8'Wesi: �4a�shall
9401 LBJ
Frwy.,
Suite 304
Grand Prairie, TX 75051
Dallas,
TX
75243
The name and address of the Resident Agent of Surety is:
Ray Watson WATSON AGENCY
9401 LBJ Frwy , Ste. 304, Dallas, TX 75243
Disclosure of Guaranty Fund Nonparticipation
In the event the insurer is unable to fulfill its contractual obli-
gation under this policy or contract or application or certifi-
cate or evidence of coverage, the policyholder or
certificate holder is not protected by an insurance guaranty
fund or other solvency protection arrangement.
I___ --
I
6
CERTIFIED COPY OF POWER OF ATTORNEY
REST AMERICAN INSURANCE COMPANY
ADMINISTRATIVE OFFICE, HAMILTON, OHIO No. 369
XHOtO All Mflt hU (ZhfOf VrfBinis: That WEST AMERICAN INSURANCE COMPANY, in pursuance
of authority granted by Article VI, Section 1 of the By -Laws of said Company, does hereby nominate, constitute and appoint:
Ray Watson or Fonda Watson - - - - - -- - - - - - - - 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 deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance
eSkCluding ,4ION ve�, an bonds or undertaking(s) s - - - - - - is 090 000 00 -) Dollars.
Y ( 1 gl ) guaranteeing the payment of notes and in e'res tNarson
-
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,
as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected
officers of the Company at its office in Hamilton, Ohio, in their own proper persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above named attorneys) -in-fact.
01llscp IN WITNESS WHEREOF, the undersigned officer of the said West American
........ Aj'• 9
Insurance Company has hereunto subscribed his name�and affixed the Corporate Seal of the
said West American =_n•s-;'`','.,r., „ nAInsurance Company :anY this
isiz1923 .8-✓thO-/ -�d/�f
�ra'Yry 19 88
mo,`o ........I... ....................
STATE OF OHIO, l Asst. Secretary
COUNTY OF BUTLER J SS.
On this 8th day of February A. D. 19 88 before
the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came
Thorni e H11cfebtpnd As1t. S%cretdd r� _of WEST AMERICAN INSURANCE COMPANY, to 'me
persona y nown to e t e Individua and o icer esc Ibed in, and who executed the preceding instrument, and he acknow-
ledged the execution of the same. 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 said 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.
IN
o`°0tut Sr'r, Seal at the City Hamilton, State of Ohio,, the day and year first) above writtand and en.
my Official
ds+e'!A4� Y Y Y
�W %., ✓
(signed) G(//
oy�?TEma'`g Notary Public in and f� ounty o Butlerhio
�r/N41W11100 My Commission ex s ...December. 25,. 1.991.
This power of attorney is granted under and by authority of Article VI, Section 1 of the By -Laws of the Company, extracts
from which read:
ARTICLE VI
SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board, the President, any Vice President, a
Secretary, or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more
suitable persons as a resident Vice President or a resident Assistant Secretary, or to appoint attorneys in fact for the purpose
of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and
deliver any and all bonds, recognizances. stipulations, undertakings or other instruments of surety -ship or guarantee, and pol-
icies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereof, or to any county
or state, or any official board or boards of any 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 April 24. 1980.
RESOLVED, That the signature of any officer of the Company authorized by Article VI, Section I, 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
I, the undersigned Assistant Secretary of West American Insurance Company, do hereby certify that the foregoing power
of attorney, Article VI Section 1 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 and effect on this date. �`.�!�\"�
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company th'is;�5--fiiay or�{:q+�i;�.A. D., 19 ;d
MIII......i�-_--
'
1923 ojce
Aasfsiant'Secretary
S-4300-C 6-80
PAYMENT BOND
STATE OF TEXAS 5
COUNTY,OF DENTON 5
KNOW ALL MEN BY THESE PRESENTS: That ATKINS BROTHERS
EQUIPMENT COMPANY of the City of GRAND PRAIRIE
County of DALLAS , and the State of TEXAS
as Principal, and WEST AMERICAN INSURANCE COMPANY
authorized under the laws of the State of Texas to act as
Surety on bonds for principals, are held and firmly bound unto
The City of Denton, Texas, in the penal sum of EIVE. HNNIRE.I 1XTY TWO
THOUSAND, NINE HUNDRED
NINTYSEVEN AND NU/18@llars ($562,997.00 ) for the payment whereof,
the said Principal and Surety bind themselves and their heirs,
administrators, executors, successors and assigns, jointly and
severally, by these presents:
WHEREAS, the Principal has entered into a certain written(
contract with the City of Denton, dated the 5th day
of .111NE 19, 90 , 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 prosecution
of the work provided for in said contract, then this obligation
shall be void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to
the provisions of Article 5160 of the Revised Civil Statutes of
Texas as amended by 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
0
Surety, for value received, stipulates and agrees that no
change, extension --of time, alteration or addition to the terms
of the contract, or to the work performed thereunder, or the
plans, specifications, or drawings accompanying the same, shall
in anywise affect its obligation on this bond, and it does
hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract, or to the
work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have
signed and sealed this instrument this 5th day
of June 19 90
ATKINS,�BROS. EQUIPMENT COMPANY WEST AMERICAN INSURANCR cnMPAuv
as
Title President.
99
xay wstson
Title Att rnev-in-
,Addiess`Atkins, Bros Eqpt Co, Inc.,Address: Watson Agency�`1,.,;-!,"
a�
918 West Marshall 9401 LBJ Frwy., Ste 304 y
Grand Prairie. TX_ .75051 Dallas. TX 75243
The name and address of the Resident Agent of Surety is:
Ray Watson WATSON-AGENCY
9401 LBJ Frwy., Ste. 304, Dallas, TX 75243
Disclosure of Guaranty Fund Nonparticipation
In the event the insurer is unable to fulfill its contractual obli-
gation under this policy or contract or application or certifi-
rate or evidence of coverage, the policyholder or
certificateholder is not protected by an insurance guaranty
fund or other solvency protection arrangement.
PB - 4
.CERTIFIED COPY OF POWER OF ATTORNEY
WEST AMERICAN INSURANCE COMPANY
ADMINISTRATIVE OFFICE, HAMILTON. OHIO No. 369
Ximm All 9APtt bg 04pne FrPSPtt1S: That WEST AMERICAN INSURANCE COMPANY, in pursuance
of authority granted by Article VI, Section 1 of the By -Laws of said Company, does hereby nominate, constitute and appoint:
Ray Watson or Fonda Watson - - - - - -- - - - - - - - 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 deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance
e'kR,Jnng4ION - - bond sl or undertaken s - - - Is � Oqo 000 00 -) Dollars,
Y ( g( ) guaranteeing the payment of notes and in e'res tHereon'
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,
as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected
officers of the Company at its office in Hamilton, Ohio, in their own proper persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact.
"AIAsoy"' IN WITNESS WHEREOF, the undersigned officer of the said West American
Insurance Company has hereunto subscribed his nametand affixed the Corporate Seal of the
»z-1923 v;a said West American Insurance Company this ��t _ of F r cry �f 19 88.
S.
W
STATE OF OHIO, l ' Asst. Secretary
COUNTY OF BUTLER f SS.
On this 8th day of February A. D. 19 88 before
the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came
Thom �fs W. Hilc�eb�and As�t. S%Cretar of WEST AMERICAN INSURANCE COMPANY. to me
persona v known to e t e mdividua and o Icer ese Ihed in. and who exerured the orererlinn Incrnimont n„a 6e , ,,n •.._
ledged the execution of the same, 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 said 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.
r3tmnnm,rt IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official
Seal at the City of Hamilton, State of Ohio, the day and year first above written.
+� \� / •1 (signed)
Notary Public in and fi6-r ounty of -Butler. State of Ohio
q+neml Wt3a�No My Commission ex s ...December.25,. 1991.
This power of attorney is granted under and by authority of Article VI, Section 1 of the By -Laws of the Company, extracts
from which read:
ARTICLE VI
SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board, the President, any Vice President, a
Secretary, or any Assistant Secretary shall be and is hereby vested with full power and authority to .appoint any one or more
suitable persons as a resident Vice President or a resident Assistant Secretary, or to appoint attorneys in fact for the purpose
of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and
deliver any and all bonds, recognizances. stipulations, undertakings or other instruments of surety -ship or guarantee, and pol-
icies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereof, or to any county
or state, or any official board or boards of any 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 April 24. 1980.
RESOLVED. That the signature of any officer of the Company authorized by Article VI. Section I, 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 West American Insurance Company, do hereby;certifypthat,the foregoing power
of attorney. Article VI Section 1 of the by-laws of the Company and the above Resolutioii;of 'itsjBoard'of Directors are true
and correct copies and are in full force and effect on this date.
i
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company thi9J�'�dayJo D., 19f�d
-�: 1323
3i'•. a
_4
Assistant Secretary
S-4300-C 6-80
MAINTENANCE BOND
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
That ATKINS.BROTHERS EQUIPMENT COMPANY
as Principal, and WEST AMERICAN INSURANCE COMPANY
a corporation authorized to do business in the state of Texas,
as surety, do hereby acknowledge themselves to be held and bound
to pay unto the City of Denton, a Municipal Corporation of the
State of Texas, its successors and assigns, at Denton, Denton
County, Texas, the sum of FIFTY SIX THOUSAND, TWO HUNDRED NINTY
NINE AND 70/100
($ 56,299.70 ), the said sum being ten (10%) percent of the
total amount of the hereinafter mentioned contract for the
payment of which sum said principal and surety do hereby bind
themselves, their successors and assigns, jointly and severally.
This obligation is conditioned, however, that:
WHEREAS, the principal has entered into a written contract
with the said City of Denton to build and construct
BID# 1104-1989 UTILITIES C.I.P., BRISTOL CT, WILSONWOOD ST.,
BRIGHTWOOD ST., LONGFELLOW ST., SKYLARK ST., SUN VALLEY ST.,
VALLEY VIEW ST., SUNNYDALE ST., ORIOLE ST., BOB-O-LINK, HUMMING-
BIRD ST., 6" WATERLINES & AUSTIN ST., FOXCROFT ST., .,
& STELLA ST., 8" SANITARY SEWER LINES
which contract and the plans and specifications therein
mentioned, adopted by the City of Denton, are filed with the
City Secretary of said City and are hereby expressly incor-
porated herein by reference and made a part hereof as though
the same were written and set out in full herein;
NOW, THEREFORE, if the Principal shall well, truly, an
faithfully maintain and keep in good repair the work contracted
to be done and performed for a period of one (1) year from the
date of acceptance in writing by the City of Denton and do all
necessary work and repair of any defective conditions growing
out of or arising from the improper work of the same, including,
but not limited to, any settling, breaking, cracking or other
Z
MB - 1
defective condition of any of the work or part thereof arising
from improper excavation, backfilling, compacting or any other
cause or condition, known or unknown, at any time during the
period of this bond, which the city engineer, whose judgment
shall be final and conclusive, determines to be the result of
defective work, materials or labor; then this obligation shall"
be void, otherwise to remain in full force and effect.
In case the said Principal shall fail to maintain, repair
or reconstruct any defective condition of the work as
determined herein, it is agreed that the City may do said work
and supply such materials as necessary and charge the sum
against the said Principal and Surety on this obligation.
It is further agreed that this obligation shall be
continued one against the Principal and Surety and that
successive recoveries may be had hereon for successive breaches
of the conditions herein provided until the full amount of this
bond shall have been exhausted, and it is further understood
that the obligation to maintain said work shall continue
throughout said maintenance period, and the same shall not be
changed, diminished, or in any manner affected from any cause
during said time.
Provided, further, that if legal action be filed on this
bond, venue shall lie in Denton County.
IN WITNESS WHEREOF, this instrument is executed in
duplicate, each one of which shall be deemed an original, this
the 5th day of June , A.D., 19 go
, Attorney -in -fact
PRINCIPAL
ATKINS BROTHERS EQUIPMENT"COMPANY
y not) d
Title
t r
Mike Atkins, President"
ar.
Y
r "
Disclosure of Guaranty Fund Nonparticipation
In the event the insurer is unable to fulfill its contractual obli-
gation under this policy or contract or application or certifi-
cate or evidence of coverage, the policyholder or
certificateholder is not protected by an insurance guaranty
fund or other solvency protection arrangement.
NB - "2
CERTIFIED COPY OF POWER OF ATTORNEY
WEST AMERICAN INSURANCE COMPANY
ADMINISTRATIVE OFFICE, HAMILTON. OHIO
No. 369
Ximat All Men hg 04rfir ?PrP0911211: That WEST AMERICAN INSURANCE COMPANY, in pursuance
of authority granted by Article VI, Section 1 of the By -Laws of said Company, does hereby nominate, constitute and appoint:
Ray Watson or Fonda Watson - - - - - -- - - - - - - - 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 deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance
e'kbftid ing,LAIQN e- any bond(s) or undertaken - - - - - - - (s � 000 000 00 -) Dollars,
undertaking(s) ) guaranteeing the payment of notes and in e'rest tHereon'
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,
as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected
officers of the Company at its office in Hamilton. Ohio, in their own proper persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact.
,,pcpw....... , IN WITNESS WHEREOF, the undersigned officer of the said West American
Insurance Company has hereunto subscribed his name ,and affixed the Corporate Seal of the
said West American Insurance Company this $
___ isz3 0l9` p v th of Farms to 88.
1— _
y}
•w,,,,,,n° ..... ............................
STATE OF OHIO, ! Asst. Secretary
COUNTY OF BUTLER } SS.
On this 8th day of February A. D. 19 88 before
the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came
Thoma11s W. Hil�eb�an, Asfit. S cretaar� of WEST AMERICAN INSURANCE COMPANY. to me
persona y known to e t e individua and o Icer esc Ibed in, and who executed the preceding instrument, and he acknow-
ledged the execution of the same, 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 said 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.
IN
NY
Seal at the City of Hem ItoynHS State of Ohio, dayto andset
aear myhand
above written.
my Official
8 ..........
Y Y
•!tl.....
* = (signed)
L1..'a Notary Public in and for -
I, ounty of Butler, State of
h°144IN11m My Commission ex s ...December. 25,_ 1991..
This power of attorney is granted under and by authority of Article VI, Section 1 of the By -Laws of the Company, extracts
from which read:
ARTICLE VI
SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board, the President, any Vice President, a
Secretary, or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more
suitable persons as a resident Vice President or a resident Assistant Secretary, or to appoint attorneys in fact for the purpose
of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and
deliver any and all bonds. recognizances, stipulations, undertakings or other instruments of surety -ship or guarantee, and pol-
icies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereof, or to any county
or state, or any official board or boards of any 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 April 24. 1980. _
RESOLVED, That the signature of any officer of the Company authorized by Article VI, Section I, 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
I, the undersigned Assistant Secretary of West American Insurance Company, do herebyacertify;: thatgthe foregoing power
of attorney, Article VI Section 1 of the by-laws of the Company and the above Resolutio`n�f itseBdard;of Directors are true,
and correct copies and are in full force and effect on this date. ��. /,_.?
rt " IN WITNESS WHEREOF, I have .hereunto set my hand and the seal of the Company thls:5�^^dayo[}����j�-�� D., 19
%%D
023
_—
N
5-4300
"-C 8.80 Aasiattant Secretary
CITY OF DENTON
--INSURANCE MINIMUM REQUIREMENTS
INSURANCE:
Without limiting any of the other obligations or liabilities of
the Contractor, the Contractor shall provide and maintain until
the contracted work and/or material has been completed/delivered
and accepted by the City of Denton, Owner, the minimum insurance
coverage as indicated hereinafter.
Satisfactory certificate(s) of insurance shall be filed with the
Purchasing Department prior to starting any construction work
or activities to deliver material on this Contract. The
certificate(s) shall state that thirty (30) days advance written
notice will be given to the Owner before any policy covered
thereby is changed or cancelled. The bid number and title of the
project should be indicated, and the City of Denton should also
be listed on all policies as an additional named insured. To
avoid any undue delays, it is worth reiterating that:
o Thirty (30) days advance written notice of material change
or cancellation shall be given;
o The City of Denton shall be an additional named insured on
all policies.
I. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY. This
insurance shall protect the Contractor against all claims
under applicable state workmen's compensation laws. The
Contractor shall also be protected against claims for
injury, disease, or death of employees which, for any
reason, may not fall within the provisions of a workmen's
compensation law.
The liability limits shall not be less than:
o Workmen's Compensation - Statutory
o Employer's Liability - Statutory
II. COMPREHENSIVE AUTOMOBILE LIABILITY: This insurance shall
be written in comprehensive form and shall prococt the
Contractor against all claims for injuries to memhor:; of
the public and damage to property of others arising from
the use of motor vehicles licensed for highway use,
whether they are owned, nonowned, or hired.
The liability limits shall not be less than:
o A combined single limit of $500,000.00.
III. COMPREHENSIVE GENERAL LIABILITY. This insurance shall be
written in comprehensive form and shall protect the
Contractor against all claims arising from injuries to
members of the public or damage to property of others
arising out of any act or omission of the Contractor or
his agents, employees or subconLiactors.
CI - 1
To the extent the Contractor's work, or work under his
direction, may require blasting, explosive conditions, or
underground operations, the comprehensive general liability
coverage shall contain no exclusion relative to blasting,
explosion, collapse of buildings, or damage to underground
property,
The liability limits shall not be less than:
o A combined single limit of $500,000.00.
IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This
insurance shall provide coverage for the Owner and its
employees, in the name of the City of Denton, for
liability that may be imposed arising out of the work
being performed by the Contractor. This also includes
liability arising out of the omissions or supervisory acts
of the Owner. Although this insurance is strictly for the
benefit of the Owner, the Contractor is responsible for
obtaining it at his expense.
The liability limits shall not be less than:
o A combined single limit of $500,000.00.
INSURANCE SUMMARY:
The Contract shall provide insurance to cover operating hazards
during the period of placing the facility in operation and during
testing, and until such time as the facilities are completed and
accepted for operation by the Owner and written notice ofthat
fact has been issued by the Owner. Approval of the insurance by
the Owner shall not in any way relieve or decrease the liability
of the Contractor hereunder. It is expressly understood that the
Owner does not in any way represent that the specified limits of
liability or coverage or policy forms are sufficient or adequate
to protect the interest or liabilities of the Contractor.
Again, the Owner shall be given a certificate of insurance
indicating that all of the above policies and the appropriate
limits are indeed enforced. The certificate shall also indicate
that the Owner will be given at least thirty (30) days written
notice of cancellation, non -renewal, or material change of the
required insurance coverage. All responsibility for payment of
any sums resulting from any deductible provisions, corridor or
self -insured retention conditions of the policy or policies shall
remain with the Contractor. The Contractor shall not begin any
work until the Owner has reviewed and approved the insurance
certificates and so notified the Contractor directly in writing.
Any notice to proceed that is issued shall be subject to such
approval by the Owner.
z
CI - 2
UI IT u UtNIUN
N r d Address of Agency
City of Denton Reference: t, t as
F
., ,?env �•z;.,r'
N,
Boley-Featherston Insurance
ProjectNaet 1989 CIP Utilities
Sewer - = - - i;,�,,;,,;,
Project NotWai a 62-� 9g, i11189R.
j a9 �� 6 „°,
ProjectLocetlonr'+ Denton, Texas
wq-
,,,r4
. . '
P P. 0. Drawer 10
Wichita Falls, TX 7(Pfi&41 (817)723-7111
.
Managing tt.
9 9 DeP
Now and Address of Insureds
Companies Affording Coverages;',
Atkins.Brothers Equipment Co.
A BITUMINOUS CASUALTY CORP.
rr•;.
a..
918 W. Marshall�t
B .tea4;
Grand Prairie, TX Phone (214) 647-8890C
This is to certify that policies of Insurance listed below have been Issued and are Inforceat this time. �.)
`•%`4m
:ompany Expiration Limits of Liability
_ester ' • - — —.-Type of Insurance ' -- - Policy Number Date in Thousands (WO) -
a
'
CossprehensIve GenereI Liability
j
Occurrence -
A
X Occurrence
- Claims Made (see /2-reverse)
CLP206034
5-30-
i
�
]]+u
Ftodl ly Injury "
t
'S'-�;.
•,3�
s�i
f3_
!road Form to Includes -
Property Damage
f'•y;,,e
•t•a
- Premises/Operations
r•+,-.
:Y•
N Independent Contractors
iiv
a Products/Cmpleted Operations
}
Bodily Injury and Property
x Personal Injury
Damage Combined
= 1 , 000;`
'•�'+•
x Contractual Liability (see AI -reverse)
!
x Explosion and Collapse Hazard.
i
Y Underground Hazard
Aggregate,
2,000fir+
x Liquor Liability Coverage
tl-reverse)
x Fire Legal Liability (see
+`
- Broad Form Property Damage'
- Professional Errors/Omissions,'i
.
- occurrence
- claims made (see i2-reverse)
C,pnprehenslvs Autarobl le
Bodily Injury/Parson
Liability
Bodily Injury/Accident
---------`---- ---
----. —�__
=:F
A
at Ownod/Leased Automobiles
A P 17 6 3 2 4 9
5- 3 0-
,
T--
Property Damage
f 'I''n
Non -owned Automobiles
3 Hired Automobiles
--
— ---- '-------- ---------
Bodily Injury/Property
Damage Combined
s'V
f 750 '1,
- Workers' Compensation and
Will be i
Sued
Statutory Amount
Employers' Liability'Direct
b
Co
each accident10
_
+ •I
a151I
' I 1• !
F1
!/Fit'.
other Insurance
VA
A
Umbrella Liability
'UP1781354
5-30-
1 $2,000,,;;1_i
-
gj
Description of Operstlons/Locations/Vehicles. The City of Denton Is an additional insured 'as Its Interest may
appear as defined on the reverse side.
Jill provide 30 days written notice prior to cancellation or;material change.
None and address of Certificate Folder.
CITY OF DENTON, TEXAS I
PURCHASING AGENT
'n)I-B TEXAS ST.
DENTON, TEXAS 76201
)451
June 13
r o'R
SEE ,BALANCE OF LUNDITIONS 014 PAGE CI-4 AIIACIIEO.
CI - 3
I +i
n
M,
: UTt.hill
Boley-Featherston,-Insurance Bituminous
TINDER GI .16651,
---------------------------'
P O Drawer 10 EFFECTIVE
EIFI-----N
Wichita Falls, TX DATE TIME
DATE "•
TOE
76307-7513
A" ' 12.01 AMI
1 PHONE 817-723-7111 06/15/90 12:01
1 1 FI 07/I5/90 I [X1 NON":,
N
t CUE SU➢-CODE. I----- --------
-----------------------------
1421-3231 [ 1 THIS SINNER IS ISSUED TO
---
1`
.,,
:SiE;1C COVERAGE IN THE ABOVE NAMED y
-------- ----------- ----- - -----_ CT"TAry PER "trtl : rLi FOLIC';
R'O :
cu ,EC DESCRIPTION OF OFEFATI04S/VEHIC
City of Denton,
Ec/PrCFERTY (INCLUDING NATION) %"
Texas Re: 1989 CIP Utilities
Contractor: Atkink,,B;,'-,
Purchasing Agent Owner/Contractors
1901 B
Protective
Texas Street
I Denton, TX
; :-
76201
COVERAGES t -___ _ i
TYPE___,T
ALL LIABILITY LIMITS N THOUSANDS
R INSURANCEr:ia'•I /�,.,KS ,t7RMS
Property
AMOUNT : i)!�:.• I I_Lt INS!:
..
_SUSES UP LOSS
[ i SASI E i BROAD C ) SPECIAL!
I
- - -- — -----
!ien ur' fl Li hi 1. I t i'
GENERA_ AGGF,EGATE = 500
1 C NER IAL .N cA LlAS:.TT'i
[ I L 1 CLAIMS MACE 00 OCC.'
ji'' r
S ;
`ETI_ V1
DO On':CH s & CONTRACTORS
D
& AC° JG i1LI £
PROTECTIVE
EACH UCCURREHCE '
£ 500
FIRE DAMAGE ; 4
' (ANY ONE FIRE)
Automobile C ' ALL VEHICLES E I SCHENUD VEHICLES
-----------------------------------
1 CS £
] IiAEilii'i
it n
" "
S. PRPKUD1 a.,
I , �1Uh.,061dED
HIRED
,' e�•,
[ ]GARAGE
MEU. FAY
I 1
PT
I
'
(ttt:_ I IIN, I i. iI '. amaye , AU aHICLES i 1 SUI PLED VEHICLES";
ACV '
O
E 1 C BED: dEd:
uhER
- O Ai"OUNi
. : OTC CEDE
I
-
---OTH-R
Exresp Liability
nr EL r 1hSUmED ,,
E 'LA G ,
OCCURRENCE AGGREGATE RETENTION ' ;
) OTTER, THAN UMBRELLA FORK FcTcO DATE FOR CLA111c ,ADE:
,
;'•
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ' -----------------------------------
i
ETAIUi O:Y
Worker's I..e I._InII1on.at)III):
nci
r..�np :., -Liability!
+ 1i5 D'TCY LIMIT ;.
_
r------------------------------------------_----------------------------------------------
, EMFLOyEE).;w
- '
rcC.AL : ti:...._'i,./ncSiEl:ii0F,5/Oi.,..t
S'"... rn n!TTn c R - I HU, COl'EFACES
4. J'
^il
i NAME 6 ADDRESS
MORTGAGEE [ 1 ADDITIONAL [ I N-DRIGAI;EE [ i A
D I T ➢.NAL INSuEED '
1 3 Li
LOSE FUK I ) [ 1 LOSS PAYEE i
°
This hinder Is a temporary Insurance :ontraft, subject to the ionditic,r,s shown.
I
1 CONDITIONS: This Conoany binds the N,r,d(s) of inavence stipulated on this form. This
insurance is subject to the Terns, 0,
.ondition5 and liana+Ions of Be p,li r e , In cu"nk He `; -
Tn binder may be .ar e, ed by the In ue' t C ,r=I of thbi , rd ten
! t. tile _•• s ,s 'hen
cancellation will be eff4 tire. This b r'E, ' be MAIN N `; „p,n' by nape
u c �.ndi-wne, h-, biter led {�
,o iva
t HoinHa I, "., r �tl file '
p f s curdled Ir n r_ & ed by e F , ,I T !=r
`sI
, :. , �pla� I. ,.. a a , .h= Ct.�pany ,
1 is entitled to barge a premium the hinder rord,no to the r,t,cs ani Ra._sC'ampan
.,
._..----------------------------
I AOirl%[iEu �::F�;SENTATiVE
______________
-111 iU1;a ur N1 IKbVMA.2
CITY OF DENTON
Nana and Address of Agency
City of Damon Reference:
Boley-Featherston Insurance
Project Name:
P. 0. Drawer 10
Project No:
- Wichita Falls, TX 76307 Phone(817) 723-7111
Project Location:
Managing Dept:
•"
Nan and Address of Insured:
Companies Affording Coverage: �-
��7. -'--
Atkins Brothers Equipment Co
A Bltuminonc Carnal ty Corp_
T
918 W. Marshall
B
Grand Prairie, TX 75051 Phone(214) 647-8890
C
This is to certify that policies of insurance listed below have been Issued and are in forceatthis tinr.'I,,'=�•
Company
Letter T of Insurance
Expiration Limits of LiabilityI ^
Polie Number Date In Thousands (000) ,-•• �
Comprehensive general Liability
A-xOceurrenca
LP2060349 -30-91
Occurrence
- Claims Made (see /2-reverse)
- -- Bodily Injury
$
t:
Broad Form to include: -
-xPremises/Operations
property Damage
f
xlndependent Contractors
xProducts/Completed Operations
xPersonal injury
Bodily injury and Property
xContractual Liability (see il-reverse)
Damage Combined
$1,000,,.;'
xExplosion and Collapse -Hazard
-?(Underground Hazard
xLiquor Liability Coverage
xFire Legal Liability (see 0-reverse)
-x8road Form Property Damage
- Professional Errors/Omissions
- occurrence
- claims made (see !2-reverse)
Automobile
LiabiComprlity
Liability
+_+324-91
Bodily Injury/Person
f_
A
Bodily Injury/Accident
$ .
Owned/Leased Automobiles
Non -owned Automobiles
_
Property Damage.------
f -- --
Y. Hired Automobiles
_
Bodily Injury/Property -_
-----_--j
Damage Combined
$ -7501" -.
- Workers' Compensation and
Employers Liability
Will be iss
by Carrier
d direct
Statutory Acount
f
,.
each accident
i
A
Other Insurance
- EXCESS LIABILITY
`!
_ Umbrella Form
UP1781354
-30-91
$2,000,
Description of Operations/Locations/Vehfeles. The
City of Denton is an additional insured as its interest may,, -,--
Name
CITY OF DENTON, TEXAS
t)RCHASING AGENT
901-8 TEXAS ST.
DENTON, TEXAS 76201
May 31. 1990
�DATE SSUED
r .. 'raL
SEE BALANCE OF CONDITIONS ON PAGE CI-4 ATTACHED.`'•
Cl - 3
CONDITIONS
ADDITIONAL INSURED: The City of Denton, its elected and
appointed officials, officers and employees. (This does not
apply to Worker's Compensation.)
NOTICE OF CANCELLATION: Prior to any material change or
cancellation, the City of Denton will be given 30 days advance
written notice mailed to the stated address of the Certificate
Holder, City of Denton.
1. CONTRACTURAL COVERAGE: (Liability assumed by contract
or agreement, and would not otherwise exist.) The
contractual liability requirement shown on the reverse
side of this Certificate of Insurance under
Comprehensive General Liability, must include a
definition of coverage broad enough to provide coverage
for obligations assumed by the contractor in the
referenced contract. This Certificate of Insurance is
provided as required by the governing contract.
2. CLAIMS MADE POLICY FORM: Required period of coverage
will be determined by the following formula:
Continuous coverage for the life of the contract, plus
one year (to provide coverage for the warranty period),
and a extended discovery period for a minimum of five
(5) years which shall begin .at the end of the warranty
period.
3. FIRE LEGAL LIABILITY: (Required in all contracts that
involve the occupancy, construction or alteration of
City -owned or leased facilities.) Insurance is to
cover buildings, contents (where applicable) and
permanently installed equipment with respect to
property damage to structures or portions of structures
if such damage is caused by the peril of fire and due
to the operations of the contractor. Limit of
liability is to be a minimum of $500,000.
r CI - 4
NOTICE
PLEASE NOTICE CHANGES IN USUAL CITY OF DENTON
SPECIFICATIONS, PAGE SC-6, SAFETY RECORD AND SUPPORT SYSTEMS
INSPECTOR.
a,
BID # 11 04
_
i
PROPOSAL
TO..°
THE CITY OF DENTON, TEXAS
FOR THE CONSTRUCTION OF
1989 UTILITIES C.I.P.
Mvi
DENTON, TEXAS
The undersigned, as bidder, declares that the only person or
parties interested in this proposal as principals are those
named herein, that this proposal is made without collusion with
an other
Y person, firm or corporation; that he has carefully.;':��`;.
examined the form of contract, Notice to Bidders, specifications
.•?:_
and the plans therein referred to, and has carefully examined
the locations, conditions, and classes of materials of the
proposed work and agrees that he will' provide all the necessary
labor, machinery, tools, apparatus, and other items incidental
7
to construction, and will do all the work and furnish all the
materials called for in the contract and specifications in the
>U:}
manner prescribed herein and according to the requirements of
the City as therein set forth.
It is understood that the following quantities of work to be
done at unit prices are approximate only, and are intended
principally to serve as a guide in evaluating bids:
It is agreed that the quantities of work to be done at unit
prices and material to be furnished may be increased or
diminished as may be considered necessary, in the opinion
of the City, to complete the work fully as planned and
contemplated, and that all quantities of work whether increased
or decreased are to be performed at the unit prices set forth".
below except as provided for in the specifications.'
It is further agreed that lump sum prices may be increased to
`}-
cover additional work ordered by the City, but not shown on the
plans or required by the specifications, in accordance with the
provisions to the General Conditions. Similarly, they may be
decreased to cover deletion of work so ordered.
It is understood and agreed that the work is to be completed in
full within the number of work days shown on the bid tabulation
sheet.
P - 1
a: J3ID#.;..1104
Accompanying'this proposal is a certified' or cashier's check or
Bid Bond, payable to the Owner, in the amount of five percent of
the total bid.
Itis understood that the bid security accompanying this
Proposal shall be returned to the bidder, unless in case of the
acceptance of the proposal, the bidder shall fail to execute a
contract and file a performance bond and a payment bond within
fifteen days after its acceptance, in which case the bid
security shall become the property of the Owner, and shall be
considered as a payment for damages due to delay and other
inconveniences suffered by the Owner on account of, such failure.
of the bidder. Owner reserves the right to reject any and all
bids. Owner may investigate the prior performance of bidder on
other contracts, either public or private, in "evaluating bid
proposals. Should bidder alter, change, or qualify any
specification of the bid, Owner may automatically disqualify
bidder.
The undersigned hereby proposes and agrees to perform all work
of whatever nature required, in strict accordance with the plans
and specifications, for the following sum or prices, to wit:
1989 Utilities C.I.P.
WORK
DAYS 90 +.n.
Base Bid
(Water)
BID
-
NO. 1104
POND.
- --.;+
BID
TABULATION SHEET
ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
TOTAL
(Contractor's Warranties
I
1.21
land Understandings
I I
LS
1 $r�(��cf
/LS
I $
l
2.12.8-B
(Cast Iron Fittings
I I
1 500 1
LB
I
I $
2.12.20
16' PVC Water Line
I
111 800 I
LF
I
1 $
M. � /LF
I $ )CO,
2.13
16' Gate Valve
I 36 I
EA
I $
3 /EA
I $
2.14
(Fire Hydrant
I 26 1
EA
I $/387'CO
/EA
I $ 36 0(o2`�'�iy
2.16
(Water Service
I I
I 260 I
EA
I
I $
°c
_ Cc
]
I $
,�$�
3-A -IRemove
Concrete Pavement
I 60 I
SY
1 $
x
l /SY
I $
3-B
IRemove Curb and Gutter
I 90 I
LF
I $
% /LF
I $
5.7-B
I Asphalt Patch ( Type D)
I I
I 1 200 i
TON
I
011I
/TON
I $ 0 % /vim •:�.;-;
5.8
16' Concrete Pavement
1 60 1
BY
I $
y co— /Sy
i $
(Barricades, Warning Signs
I
8.1
land Detours
8.2-A
]Concrete Curb and Gutter
1 90 1
LF I
$
7/LF
co'.
I $ 5.30
8.2-B
11ntregel curb
I I
I 53 1
I
LF I
$
cc
// '—/LF
I $ 5 R3
8.3
16' Concrete Driveway
I 3 I
SY 1
$
cP/SY
% w`•
I $00
SP-2
I Concrete Saw Cut
I 330 I
LF I
$
� � /LF
I $
SP-10
(Rock Excavation
_
SP-37
(Excavation Protection
I 1,180 1
LF I
$
�, /LF
OO
1 $ �D0•.-x%.
SP-39
I
(Project Signs
I I
i 4 I
I
EA I
$
_
�g1. /EA
I $
SP-40
1 (Abandon Water Line
I I
I 11 I
I
EA 1
$
�.
39y /EA
ono ;
I $
I
1
I I
I I
I
I
I a;-
I
]
I1
I
TOTAL:
1 3/`�� /9c
P - 3
1989 Utilities C.I.P.
Base Bid (Sewer)
r
BID TABULATION SHEET
Contractor's Warranties
Rl
"rr
35
1104
TOTAL m
0
770,
S`rn
I I I I If I .Q
2.12.14-A16' PVC Sanitary Sewer Pipel 400 I LP 1 $ I/ /LF I $ / SOD•
PVC
ITY
WORK DAYS
BID NO.
PO NO.
3-A (Remove Concrete Pavement I 28 I SY i $ / o./SY I $ &g-oy
-ell I oc
5.8
6' Concrete Pavement I
28
I SY
I $
SY
I $
7.6-A
I I
14' Concrete Manhole I
6
1 EA
I
1 $/
a
qq3. /EA
I $'i
I
�
r
7.6-B
lDrop Manhole I
2
1 EA
1 $
?3/. /EA
I $
3'16
7.6-C
(Rebuild Existing Manhole 1
2
1 EA
I
I $
�-
sS� /EA
I
co
(Barricades, Warning Signs I
I
I
I
L:
8.1
land Detours I
I LS
1 $
n•
[ /S��i /LS
I $
SP-2
(Concrete Saw Cut I
120
I LF
I $
3 /LF
I $
3�.0
(Break into I
I
I
SP-6
(Existing Manhole I
1
I EA
I $
q
�1 /EA
SP-8
I l
]Abandon Manhole I
5
I EA
41
Customer
I I "'- 1 co
50 1 CY I $ Z3. /CY I S / I5-D•
EA
I d,.
I $ 1-7 :73, /EA
1
LF
I $ �. /LF
EA
I $/EA
EA
I r_'
/EA
I
I $
,�%v2 %�• ..
EA
I $ .35 U /EA
11 $
.
f ,�3a• o:
r.F
I 4 SC. — /c.F
I A
7 1100. 7.,
I I I I TOTAL: I$ /,mo
t
P - 4
tr.'`
DID# 11U4
BID SUMMARY SHEET
1988 C.I.P. UTILITIES
Project Work Days
1. Base Bid (water)
Bristol Court Water Line
Wilsonwood Street Water Line
Brightwood Water Line
Longfellow Water Line
Skylark Water Line
Sun Valley Water Line
Valleyview Water Line
Sunnydale Water Line
Oriole Water Line
Bob-O-Link Water Line
Hummingbird Water Line
TOTAL
2. Base Bid (Sewer)
Austin Sanitary Sewer
Foxcroft Sanitary Sewer
Avenue C Sanitary Sewer
Stella Sanitary Sewer
TOTAL
3. TOTAL BID
Total Bid Price r
�'P `µat:•:'.
J
90 $ 411-1 .� fo
ro
35 $ /cl)
$
NOTE: The thirty-five work days for the sanitary sewer phase
of this project are not in addition to the ninety days
for the water lines. The work days for water and sewer
will begin at the same time.
B - 1
n
i3100.11U4
BID SUMMARY j
TOTALBID
PRICE IN WORDS
In' the event of the award of a contract`to the undersigned, the
.,undersigned will furnish a performance' bond and , a payment bond,
for the full amount of the contract, to ' secure proper
compliance' with the terms and provisions of thel contract, to:
insure and guarantee the work until ',final completion and
acceptance, and to guarantee payment'ifor all lawful claims for,
labor performed and materials furnished 'in the"-ifulfillment of
the contract.
It is understood that the work ! proposed to be' done shall be
accepted, when fully completed and finished in accordance with:!
the' -plans and specifications, to ,the satisfaction of the
Engineer.
j'
The 'undersigned certifies that the bid prices contained in this
proposal have been carefully checked 'and are,; submitted .as
correct and final.
i
Unit and lump -sum prices as shown for each item;.listed in this
pr,oposal,'shall control over extensions.
O n
CONTRACTOR
< ,>
t.r
t Address
Z
�w
City
` `
S
, i
an state
t
�w.g r t
I
e#.
Seal S
Authorization
.(If a
Corporation)
p
:%KF
Telephone
- Lj
. 1
B
_ z
i.
ry1:1.�� ely��n
West American Insurance Company
136 North Thod Shot, H.milm., Ohio 45020
BID OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS, That we,
ATKINS BROS. EQUIPMENT CO., INC.
(hereinafter called the Principal) as Principal, and WEST AMERICAN
INSURANCE COMPANY, a corporation organized under the laws of the State
of California, with its principal office in the City of Fullerton,
California (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
(hereinafter called the Obligee) in the penal sum of FIVE PERCENT OF
THE GREATEST AMOUNT BID. Dollars
($5% G.A.B. ) 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 IS SUCH, that whereas, the
Principal has submitted the accompanying bid, dated May 8, 19 90 ,
for
Water & Sanitary Sewer Improvements - Bristol Ct.
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 it the Principal shall, in the case of failure to do so, 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; otherwise to remain in full
force and virtue.
Signed, Sealed and Dated this 8th day
19 90
S-137-Rev.
ATKINS BROS. EQUIPMENT CO., INC.
Principal
By �� V�ll
WEST 7CANI S RANCE COMPANY
By
Ray W t n Attorney -in -Fact
f
CERTIFIED COPY OF POWER OF ATTORNEY
REST- AMERICAN INSURANCE COMPANY
ADMINISTRATIVE OFFICE, HAMILTON. OHIO No. 369
Xfww All Melt hu 074rop frPSetllti: That WEST AMERICAN INSURANCE COMPANY, in pursuance
of authority granted by Article VI, Section 1 of the By -Laws of said Company„does hereby nominate, constitute and appoint:
Ray Watson or Fonda Watson - - - - - -- - - - - - - - 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 deed any and all BONDS. UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance
eYcL'fdding �F6w0ALer, any bond(sj or undertaken s - - - (S 0'.0j00.00 -) Dollars.
9( ) guaranteeing the payment of notes and in e'res tson
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,
as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected
officers of the Company at its office in Hamilton, Ohio, in their own proper persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney (a)
IN WITNESS WHEREOF, the undersigned officer of the said West American
=.,4P Aq •...r, Insurance Company has hereunto subscribed his name,and affixed the Corporate Seal of the
-:z Mee= said West American Insurance Company this of 23 o!a'- th- F r ary.�, 19 88.
".... .............................
STATE OF OHIO, l Asst. Secretary
COUNTY OF BUTLER f SS.
On this 8th day of February A. D. 19 88 before
the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified. came
Thoma11s Hi lc�eb�ar�d As�t. S�crear� of WEST AMERICAN INSURANCE COMPANY. to me
persona y nown to e t e ndividua and o Icer esc tbed In• and who executed the preceding instrument, and he acknow-
ledged the execution of the same, 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 said 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.
``a„pmn'urrrrq IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official
oo vyut uq, fOiSeal at the City of Hamilton. State of Ohio, the day and year first above written.
(signed)
�i ............ o+` Notary Public in and ftr ounty o Butler, State of Ohio
top gNlm• • .
44tlumtusP My Commission expf' es ...December.
This power of attorney is granted under and by authority of Article VI, Section 1 of the By -Laws of the Company, extracts
from which read:
ARTICLE VI
SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board, the President, any Vice President, a
Secretary, or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more
suitable persons as a resident Vice President or a resident Assistant Secretary, or to appoint attorneys in fact for the purpose
of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal. acknowledge and
deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of surety -ship or guarantee, and pol-
icies of insurance to be given in favor of an individual• firm• corporation, or the official representative thereof, or to any county
or state, or any official board or boards of any county or state, or the United States of America• or to anv 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 April 24, 1980.
RESOLVED, That the signature of any officer of the Company authorized by Article VI, Section 1, 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
I, the undersigned Assistant Secretary of West American Insurance Company, do hereby certify that the foregoing power
of attorney, Article VI Section 1 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 and effect on this date. pp L.,
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company thisp& day of M A. D., 19�;U
Sop,
W e1923 0lcl
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"• Assletent Secretary
S-4300-C 0-80
TKINS
CO.
May 15, 1990
City of Denton
Attn: Mr. Dave Salmon
215 East McKinney
Denton, TX 76201
RE: 1989 CIP Utilities
Dear Mr. Salmon:
I certify that Mike Atkins is a competent person as defined
in the Federal Register, Part II, 29 CFR 1926, Occupational
Safety and Health Standards - Excavations; Final Rule, and
he will perform the duties and responsibilities of this
position on the City of Denton Contract 1989 CIP Utilities.
Thank you,
Bob Loper
Estimator
BL/sh
NOTARY�
STATE OF_n,%/, ., J
VINE l ' ep//
COUNTY 1 aj/�
918 West marsdall - Grand Prairie,Texas 75051 - 214/64
TKINS
May 15, 1990
City of Denton
Attn: Mr. Dave Salmon
215 East McKinney
Denton, TX 76201
RE: 1989 CIP Utilities
Dear Mr. Salmon:
In compliance with special provision S-3 SAFETY RECORD, we
have had no record with OSHA for the past three (3) years.
This means that we have had no serious violations or willful
violations against our safety record.
Thank you,
Bob Loper
Estimator
BL/sh
COUNTY OF---JI/?��
NOTARY
STATE OF�S"r
913 Wes! MarsbaJI — Grand Prairie,7exas 75051 — 214/647-8890