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HomeMy WebLinkAbout2014-121owl III y1il 1111111111 1 111 IIXILI IN tell] 0 1 K193 a) of WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, SECTION 1. The following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 5467 Midwest Wrecking Co. of Texas, Inc. $256,990 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5467 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2014, ATTEST: JENNIFER WALTERS, CITY SECRETARY - WE 911VAI§*• el BY: CITY OF DENTON, TEXAS AND MIDWEST WRECKING CO. OF TEXAS, INC (IFB 5467) THIS AGREEMENT, made and entered into this 6th day of May A.D., 2014, by and between City of Denton of the County of Denton and State of Texas, acting through George C. Campbell thereunto duly authorized so to do, hereinafter termed "OWNER," and Midwest Wrecking t `o of Texas_ INC_ , PO Box 161819. Fort Womb; TX 76161 of the City of Fort Worth, County of Tarrant and State of Texas , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid #5467 1111,1, ROAD IM ROVEM.L-;N"I' STRUCTURE DLMOI;.. I T I I in the amount of $256,990 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: Freese and Nichols Inc all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. 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 IFB 5467 specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification CONTRACTOR COVENANTS AND AGREES TO AND DOES HEIZEBY INDEMNIFY FY HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE OWNER. ITS OFFICERS, SERVANTS AND EMPLOYEES,. -FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL I-NJ-LJRY,_1NC1AJ)1NG DEATH. TO ANY AND ALL PERSONS, OF WHATSOEVER, KIND OR CHARACTER WIIETIIIJR REAL OR ASSE'RTED, ARISING OUT OF TILE WORK AND SERVICES TO BE PERFORMED HEREUNDER BY CONTRACTORIT OFFICERS, AGENTS, ITIMPLOVIALS1. SUBCONTRACTORS LICENSEES OR INVITEES. WHETHER OR NOT CAUSE LD IN WHOLE OR IN PAID r, BY THE ALLEGED NEGLIGENCE OF THE OFFICERS, SERV, ANT',%.s'.1 OR EMPLOYEES OF THE OWNER. CONTRACTOR LIKEWISE COVENANTS AND AGREES TO. AND WES HEREBY INDEMNIFY AND H01,J) HARMt,ESS OWNER DURING THE PERF011MANCE OF ANY OF THE TERMS AND CONDITIONS OF THIS CONTRACT. WHETHER ARISING OUT OF IN WHOLE OR IN PART, ANY AND ALL ALLEGED ACTS OR OMISSIONS OF OFFICERS SrJZVANTS OR, EMPLOYEES OF THE OWNER. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENf,'FIT OF THE PARTIES HERETO AND NOT INI"ENDED TO CREIATE OR GRANT" ANY RIG 11TSI..CONTRACTUA 1, OR OTBERWISE1.10 ANY OTHER PERSON OR ENTITY. 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. wMaIMLI'm The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, IFB 5467 records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. IFB 5467 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: L CJTX ATTORNEY OWNER BY: (SEAL) A V CONT CTOR AUTHORIZED SIGNATURE - - Midwest Wrecking Co of Te..-X,q .--.,_ TnC,_ PO Box 161819 Ft. Worth. TX 76161 MAILING ADDRESS 04-7--5-bml PHONE NUMBER FAX NUMBER -CF-0 TITLE IAO PRINTED NAME (SEAL) IFI3 5467 INSURANCE REQUIREMENTS AND Upon contract execution, all insurance requirements shall become contractual obligations, which the successful contractor shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Contractor shall file with the Purchasing Department satisfactory certificates of insurance including any applicable addendum or endorsements, containing the contract number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted. • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A- VII or better. • Any deductibles or self -insured retentions shall be declared in the proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: ■ Name as Additional Insured the City of Denton, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. • Should any of the required insurance be provided under a claims made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. IFB 5467 • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted. [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used IFB 5467 in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned hired and non -owned autos. [X] Workers' Compensation Insurance Contractor shall purchase and maintain Workers' Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment I in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers' Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00 combined bodily injury and property damage per occurrence with a $1,000,000.00 aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. IFB 5467 ATTACHMENT 1 [X] Workers' Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the project, so R�% the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; IFB 5467 5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. IFB 5467 ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL Mobilization and Bonds NCTCOG e LS 1 11 l7 �•f ZqS. ,� 103.3 dollars and 1 zero cents per unit. Project Signs NCTCOG EA 2 107.20 Out.. kaKc�+� �N ), dollars and "AL eV'p cents per unit. Temporary Erosion Control "-Jkve NCTCOG LS 1 `f I0,;As. to,StI�- 201 dollarsand %erp cents per unit. Asbestos Abatement e%1gu.}y Special dollars LS 1 `7jj�Z8o• 13j�Z$d• Item 1 DKWAMA44 t and zero cents per unit. Demolition and Removal of Residential Special Structures '�51'kjA 7b EA S ee , 13 r8x: ! 91a' 1 ��I Item 2 ,� , , 01 me ollars and XCD cents per unit. Demolition and Removal of Commercial S Special p Structures h0eK EA 2 i r' .® lip,�D2�• Zyo• Item 2 Siy�4cek�k�.a.�� s;k kumd*4 dollars and 7-2vo cents per unit. Rough Site Grading Special r*-e. 1.�..... bred dollars and EA 7 300 • 21 �00• Item 3 - zevd cents per unit. XXX IFB 5467 ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL 4" Topsoil and Hydromulch Seeding NCTCOG 202.2 and ov%f- -dollars and SY 6,100 XX 202.6 kWe.vl*-A- cents per unit. $7, 320 Total Base Bid $256,990 *NOTE: Last bid item incorrectly totaled. lix,Tx IFB 5467 BID SUMMARY TOTAL BASE BIDPRICE IN WORDS: l!`` The award of the contract will be based on the Total Base Bid. The lowest responsive proposal for purposes of award shall be the conforming responsible bidder offering the lowest cost for the base bid. 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 the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment 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. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump sum prices as shown for each item listed in this proposal shall control over extensions. The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms that they are duly authorized to execute this contract. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et sea., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et sea. Receipt is hereby acknowledged of the following addenda to the plans and specifications: Addendum No. 1 dated oz z S 1 zp14 Received �--- �---' Addendum No. 2dated 03 ( Id Zof Received Addendum No. 3 dated 03 1' 1 Zcl Received Addendum No. 4 dated Received _ Addendum No. 5 dated Received KY1% IFB 5467 v'4,eA CC.41L1 a K C. CONTRACTOR BY ita b%T WiXEC tit Street Address City and State Seal & Authorization (If a Corporation) -5, q .`1 Olv n - Telephone M 1I IFB 5467 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill- 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A below must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the blank in Section B. A. Non-resident bidders in (give state), our principal place of business, are required to be _ percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident bidders in (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas: BIDDER: ��,,,,7EST t��l'�a � "V• O�,r'�iC_� COMPANY BY A� th�.JEST 11�itEGlGUIr_ l�0 Der 'rX ��G I•O- S, aCx ll0181 Street Address r—+• wol+G I Tx City and State THIS FORM MUST BE RETURNED WITH YOUR BID. XXXX IFB 5467 CONTRACTOR COMPLIANCE TO TEXAS SALES TAX CODE Comply with all requirements of the Texas Sales Tax Code. The Contractor hereby certifies that the Contract Amount is divided as follows: Materials incorporated into the Project (resold to the Owner as defined in Tax Code) All other charges and costs Total The total must equal the total amount of the Contract. CONTRACTOR: COMPANY BY J0. tiLO1I9 Street Address City and State $ IrA IAD • —" THIS FORM SIULL BE' EXECUTED AT THE, TIME, OIL EXECUTION OF THE CONTRACT AND SHALL BE MADE A PART OF THE CONTRACT. IFB 5467 CONTRACTOR COMPLIANCE TO TEXAS SALES TAX CODE Comply with all requirements of the Texas Sales Tax Code. The Contractor hereby certifies that the Contract Amount is divided as follows: Materials incorporated into the Project (resold to the Owner as defined in Tax Code) All other charges and costs Total The total must equal the total amount of the Contract. CONTRACTOR: AtboesT COMPANV7- BY �- V. 45o)c lca i % Lai Street Address City and State $ 2s5-1 s z5 1, rx�o • "--' THIS FORM SHALL BE EXECUTED AT THE TIME OF EXECUTION OF THE CONTRACT AND SHALL BE MADE A PART OF THE CONTRACT. XXX IFB 5467 00 42 23.04 Conflict of Interest Questionnaire - Form CIQ CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administratorof the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. Name of person who has a business relationship with local governmental entity. Check this box if you are filing an update to a previously filed questionnaire. OFFICE USE ONLY Date Received (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) Name of local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176. 001 (1 -a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment Income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable Income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? El Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. Signature of person doing business with the governmental entity •1-lq Date Adopted 06/29/2007 IFB 5467 iflung.vi-Cm NAM191 �4�1 wi�� CO, OMmOoD, f�o. Box 161819 R. WOtfhjex;s 76161 UUMOND 'S - I ' 4 174",-71062 rOmmV.... .06 vv" $M; WMI" ZAUON. "dwett Wred"# -Co. of Teo$ WAs fowwed Ift, 19"i P`*=O wofk v�$ OWahMa, Tc Miog A I in * 00 1 of ,and Louisiana. a, Tate Date of Incorporation: State of Ineorporatlort, Tax 11) aurnber: Pmm'doni: Apri7 1986 TOW iS.10w$ :I)avid Powoo .A44 BriagO. Ch (ode MM= tM; A ENT: 1 1 ullramb URANCE G � �&. A#qf- *OMY 0040 n515 Mop'P�o4 RockwAll, Texdg ��97 $ ]JOILITY MMM: Uh*rola qy WO w6st vio 130illow !�OdWqk. 7% 79J#7 * vftad ",-,fil consot on Wenoe- 'o as , Oadpgao o. f Voivot- ipf om - ith a d1d roe to P QM*40 Managemenc ,p 2.1 years PfAexperilence ih demoliflon industry. Doctorate in Educaid-oti—fi-om, the University of Nor.Ui Ttx, asi Si AA& from the Univer9k of Noith Texas. Ma*Ws ig 104POO A* fiPM the VWvO4:,of Nor0i Texw Ceilf $4AIY:PrQ*q WWI:. • tp'lf 1p • over 3 0 yevs "e, xp"ll. Opce pMvi4:qxilsk so Ws g01*01 OOMcqgVlhg gzm��� 9 1993 Graduate of Unfversity of Oklalvilla With a degrec in A�,ts • 5year's ofexperion�intoo dotholitionindiistry. • TDS I IN #,205600 Asbestos In'dividlual Matiapment Planner ME��� LM.1 Uo !3 low CideoWar 00 VAdkio'gidet © 40,0 uovowr (1) O*erp'llliar 34$ Jyxoovwpr�z(l) 2 «�*2 v 430 f*cavator (1) CiAlbVi"t 328 EkcAvAwf<,) KpmaWli 220 E Mor (1) OMOM 160 txo"for;(I) Ky atso. W-5 1.40 Excava(MO) Komatsu 27 Excavator (1) Skid-Stter Lb Wier (0) DMO ti i jf �IW D ump T raU (15) V ftf tanill Qrappl«, Pulyeriter:and Shear. � # 'W t AmetwwwO Iwo Mp A W, 0 -1 wh u e pi�r wel o*0foTtare hired for gsbeptee & hazard us matedals removal. .. 0 Wp have conipleted several projects which reqiArt rnull�ple ii1obilizAtiotis, phasing with other ion struotiOn trades, selottivo ft M., oliti'01,1,of oompied t'pades AM pr6jects with f st Aw cride tune 'so' rites i bto tevor %104� . q •a Cont We 4Q, - 01. Wo M Ovtstatiding OT VWft TMS V091 p ft)C.d #gAbsVour corporation, .-ID not have aqy.current: or p6ftditi6Wutf dtiqJ"Id 40ft Ott We are curredly 1h,good 8tWitig WA iho TeW0aM., ` 16 0 Offloe" Reeder Distributor Ft. Wotth, TX 16,111 A 7 9-5 7 BANK REF MM NCE$,4,. Atfil' BAMoy wltf�y Milli, �Mn Aft: DOW*A B06.9 of WhW Mallbok 3725 Camp Bowie Blvd PW N. ■ 74 1 Oi .L001 it slj�ft vfgt� y —,a gA .1. -0* Deseription., Mmalition of 88 two sfory apadmellfbiAldings and rmoval of "OpOwsV sw w6t demolition vmder NESMAP gWMWs, and disposed of A debris as Mgulat6dast - , to; MW 'colitto ii: Lao°' `a U—WTW*qooea A,tfn- tiff Willurn eq.- qsOw FOA Worth,, I" 76tQ2 817.885i429 chwalhimra).xtoonora—COM Location,: 200'West T" �ireet " Fort Worth, Texas 00096010W Explosives demolition of a.3.3,stgry Ope I fraluo office btd!Aig, 1,1116 was t6 t n the 0.00 aTOX"Ot tallest Iding'e'Or domollsbed i and the. second tallest buildiug ever huploded. $ 2 34.0 60.000 ChOap"ke EV101ru corpo�ation Min. Jeff WieWs 6 100 N. Westeni Avenue 6kiahotn'a 6ter, OK 7311t 4005.767A7 19 Jeff.weides "'chk.com LOOMW! 2104, 2308,14 & 23 16 ftst 7018treot - Fort Wofth, Texas 2900 West Seminary - Fort Wbrth, Texas 2,222 West Sucot - Fort Vorth, Texas 3200 West Etiless Blvd - Euless, Texas 116 & 42$ Oreenlpof - �Vojt, Wor(fil' Texas NspAitioh-, Mbostos abatement, demol'ifibo and s4ilizAfion of Varidii& cote rnet' ,661 PI-ppertie& Amount: $ 2"5�0'0 6.10" Atfni: Patflok.By rnes � Offi Moo 017,8004082 � rnesOlifibeeLcotp- Cook Mdren 10 Medical% Ce —;Voq VOO, ToX4� Doscripetow. Dem-61MGn.cPhe ibroostory. Administratious Building, the five story E"ter 00:04100 004000 Alft-4 structural 4011101ition of,pordons of khe4TOsphed COMOWW DOM County Athi} RKS, Inc. "Y t Lattrull, AIA 19-19 M, el buiey Ave Dolles,.Texas 75201 �,-14.96'00-54 LOO 2355 stelrunells re�way — Dallas, Texas W Demolition of 0*00 (15) story reinfomed p"protp bp'lain Amounty., 920,000M Job LOCO* TO Industries Steel Plant 0 7-4 Dallas, Tdxiis PoNew Cot4plete. 100 Cotnpletioh bate. D e Demolition of W"Aou Ownedebtitmaor'l Eve Constitaw H-"ieOwt!60wS A Attil".. Joe WW"Veo 254-020.1,7 19 1e0 J�ox 872 *0104 Tomp 7644&08,7.2 JobLocation' LO 1's- f Itvios 'aluc 00,,4Cit1. o Percent Con lew: 100 Completion late: 20,04 l s ptlon len oltti r of fo riner K;M rt and bl bby Lobby stores Own t/ ont ractor,.. J Corporatioxi tin; Sc6ftHcrger @ ' 7 . 80.12t0 5 525 forth We rthitr Blvd.,,Suite 400 living, Tc as 7 533 Job Location: Hauls I16a rt Gaiter & Stirgory'Expansion Hit, Medical Center — Fort Wortb 'l'e Value; Y"U, Q Percent Complete 100 Completion late: -2106 Description; Retrtoval of 30,000 sf s yfight, kentoval of ] MBillie"off POW congrete beawutructare stAspended 3 01 w . tho Orgu , to to Y n c cppi d basement' Owner/Contractor; BeflourBeAtty Cobstrubtion Company Aft,FOOAt karris6h @ 214,4 7.96-56 3160 MV Kintion, 7"' Floor all Texas 721 Job L Bob R. SimpOn Buil ' ..;f6merly The, Fort Worth, Texas title 5,06.00 Percent !QonnpkWA 100 +�nrnlnl�n lte: Description: Interior , .11 historic strudure. Reran vip �'" tall procaist ext Wr edncrete pandikhat -wereadded 1n a 1 renovation. `. wnor/Cootractore KAK Group, laid., .... _.: _ JQb L :044"?, Pert ion Building Big parin& Texts PercentComplete: 100 Completion Date. Mol 'description: Demolition of ei %t story offibe building in downtown Big $0fing. Owner/Contractor.- pity oflei prin Atha; KetaiyDavis @ 9,15.264.2503 P,O. Box 1030 Big Spring, Texas 797 1-1 Q3 Percent Complete: 1 omr pletlon'ate; 1 Description, Dernolition of five story hotel located in downtown, Big ' p,rin = Ownet:/ Contractor. pity of Big Spring ate BOX 103P Job Location: Arlington Memorial Hospital .Arlington, Ofens $ M�0'00100 Percent Complote, 100 Completion Date, 21008 Description: Interior and extefior� multi phase demolition,of occupied hopit tac,lity q Oweer /Contractor: 13 , alfoprBeatty Coustructiob Con p 'an y Attn: Forest 1-1 WLjon.@ 2KOT4 '�6 3 100 McKinnon, 'i IZ11O.Or DaIlAs,Texas 75201 ViOpe: Percent Complete: Conipletton Date-. Description - can 048 IW4 W� , 0 vt � fort W64 To� DOW-406' o of hwltidlog, 4.11 wan, -hiad -ftewlw Atod. aoro �Jto OSqvfip�s Aft: Make Evans 1@ 972.7-59,70 W795 Preston A64 �0,46 9.5-0 Ooffui T�w M54 EEM= Fort Worth, Texas 6q,060.00 Porcent,Cotnplete: 100 Completion late. Description. ?i,q.y,"fde,`31QDG cubic'. yof0g,of qmv*qd, sWOOSU, 1.*641, Owner /Contractbr: XTO Energy Cl ff Wallum 9,17.885-.2,429 IQ Housto 4, PO Woaj, Toos 76 2 1FB 5467 Job LOO ti Museum Place--- co'wp'. th ww I Fort Worth, Texas Value: SAMM-00 Percent Complete: 90 Cdntpletion Date- 2008 Dekliption! OftA1,01i,of. Vo4og Musewn Plaw Development Owner/Contractor-, JaGee Properties/Mi, ' i-seurn Pl17,00p Pp bey Attw R6itDennett@, 84571.8816 .' 0 . I- 2 Is . w-tud"t-6 �w VAr, TNT`: 7007 Job Loca(iqu; Radio,Shac-k Clorporote Campus 5,00 West Be&nap - Fort Woilh, Texas 625,000.00 Percent Complete: 100 Completion Date: 2002 Description: Demolition of Ripley Arnold Housing Complex 'Vicluding 44, 2 story reffiforced concrete buildingsA]. streets, pAiking, and tnitwilaneous i'dfasuactate. Romove portion of Tandy Subway system and tunnel. Owner,10ontractor'. IT Beek Atth., DrevV -migpoti @ 817.255.7800 $10 horn pl fll tred F Ott Worth, Texas 76104 111 111 11 IN i A 1 1 �1 o Li o tiQ Z4'LdiRoxl Da Site Value: 1,80%,000.0 Faun completp., 100 ormpl tion, ale; 0 D s ri do , *stos AWPwOvad dem'oli ..` tf OOW thtm two m s o toil in 's i all . soax acre Attn: ff Weides 6W ..jt `.::' xl MIA-6ni-A:.-'';:, OK7.3111.. 01 South Cooper Arlington, Texas value; 00,000,0 Percent oinplete 100 completion Date: OQ)b Description! Asbestos abatment and domolition. of three sMicttlr s a-tid associated site paving Attn: Jeff Weides 0100 N Wester Ji1 Lne�tr n: Botanical search Institute of Teclutiotp ' 1900 tit UniversltY —.Ft, Worth, Texas vEdue 173,075.00 Pdrde t caplet . 10 C,ppa0edon Date; 2010 Descrlption: Removal of three story, steel fitme building Ohd allassociated site imps, v moms. LEED project requirements, O wner7 `nnva6tor, BECK Group Ann DOvid Mh @ 214 808.4058 10.Horailull, $treet Fort Worth, Te q 76 1 tl w f Ass'OciaWd site pavingfor,new m 6 # a A; 1 valley �Rioge 0,10.o da a it Texas Bonding Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION To obtain information, make a complaint or assert a claim, or if you have a dispute concerning your premium, you should call the Surety's toll free telephone number for information at: 1-800-486-6695. You may also write to the Surety at: Texas Bonding Company 601 S. Figueroa St., Suite 1600 Los Angeles, CA 90017 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at P.O. Box 149104 Austin, Tx 78714-9104 Fax No. 512-475-1771 Important Notice Regarding Terrorism Risk Exclusions Notwithstanding anything to the contrary in the Construction Contract and Bond, the Bond to which this Rider is attached does not provide coverage for, and the Surety thereon shall not be liable for, acts of terrorism, riot, civil insurrection, acts of war or armed hostilities or other national or international calamity, directly or indirectly frustrating performance of, or directly or indirectly causing any loss or damage under, the Construction Contract for which this Bond was issued. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards Notwithstanding anything to the contrary in the Construction Contract and Bond, the Bond to which this Rider is attached does not provide coverage for, and the Surety thereon shall not be liable for, molds, living or (lead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the r°emediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. HMSZ268OW09 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § Bond #1000880221 KNOW ALL MEN BY THESE PRESENTS: That Midwest Wrecking Co. of Texas, Inc,; -" whose address is PO Box 161819, Fort Worth, TX 76161 hereinafter called Principal, and _. Texas Bonding �'oinJMYT . a corporation organized and existing under the laws of the State of Texas and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of Two hundred fifty six thousand nine hundred ninety--IJOLLARS (256 990),,J' lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2014-12112 ;-'with the City of Denton, the Owner, date the 6th day of May A.D., 2 � 14, f°or Bid 4 5467 Ma hill Improvements Structure Demolition. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. IFB 5467 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in three cop,ls, each one of which shall be deemed an original, this the 6th day of May 2014 ATTEST: BY: 0 SECRETARY ATTEST: f , ti BY:; �z t` a arilyn Branch PRINCIPAL M i i vest Wrecking -,o. of Texas, Inc, ft BY: RESIDENT SURETY BY Texas Bonding Company A3 XO`!Nl Y N ACT Jeremy Barnett The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: K&S Group, Inc. dba K&S Insurance Agency STREET ADDRESS: 2925 Country Club Rd. #103 Denton TX 76210 (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) IFB 5467 f,i EXHIBIT D PAYMENT BOND Bond #1000880221 STATE OF TEXAS § COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That Midwest Wrecking, Co. of Texas, lnc,� "' whose address is PO Box 161819, Fort Worth TX 76161,hereinafter called Principal, and Bond"ems �, a corporation organized and existing under the laws of the State of Texas , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter refeFyed to, in thg penal sum of "Two_ hundred fifty six thousand, nine hundred ninety DOLLARS 256 99 m lawful money of the. United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION 'TO PAY SAIVIE is conditioned as follows: Whereas„ the Principal entered into a certai 'i Contract, identified by Ordinance Nor ber 014 121,, 'with the City of Denton, the Owjier, dated the 6th day of May A.O., 2014, ,f6r Bid fl 5467 Mayhill Improvements Structure Demolition. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc. IFB 5467 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in three copies, each one of which shall be deemed an original, this the 6th day of May 2014 . ATTEST: BY: q--7_..,. SEC ETARY ATTEST: PRINCIPAL Midwest Wrecking Co of'I'cx ssr Inc. BY: I'' I1 ENT SURETY � Texas Bonding Coin a t BY �r, a Marilyn Branch BY: 1" 1 OR-tN---F CT Jeremy Barnett The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: K&S Group, Inc. dba K&S Insurance Agency STREET ADDRESS: 2925 Country Club Rd. #103 Denton TX 76210 (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person Is name) IFB 5467 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company`assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Johnny Moss, Jay Jordan, Tony Fierro, Jeremy Barnett; Jade Porter, Mistie Beck or Robert G. Kanuth of Rockwall, Texas its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and -deliver any and all bonds, recognizances, undertakings or other instruments or contracts (it suretyship to include riders, amendments, and consents ofsurety, providing the bond penalty does not exceed Million***"'****10,000,000.00--j-1--1 This Power of Attorney shall expire without further action on December 8,2016. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be if Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf ofthe Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf ofthe Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Belt Resolved, that the signature of any authorized officer and sea] of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile sea[ shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 10th day of December, 2012. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY "Oo A� M By: �gi n ice PresiXnt A� Daniel P. Aguilar, 6 State of California County of Los Angeles SS: On 10 th day of December, 2012, before me, Vanessa Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf ofwhich the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea[, wmws.- �_ conivAllon 0 Signature (Seal) Hot uy P Los Angeles k-neffly V , M CwnfnEx0l" DO 8, 2010 wit, 1, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is'a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. / I In i ne Whereof, I have hereunto spt my hand and affixed the seals of said Companies at Los An les, California this "clay of Corporate Seals o 22 Tok VV-'2 ' *Bond Nok0 + % Jeannie L-e-e 31sistant Secretary Agency No. 17042 4"N DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 5/9/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. - - IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pOIiCy(les) must be endorsed. If SUBROGATION IS WAIVED, subloct to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT Debr8h CherryPRODUCER y K & S Insurance Agency PHONE (972)771-4071 FnX � (972)"1-4695 2255 Ridge Road, Ste. 333 Ag1 ,richerry@kandsins.com P. 0. Box 277 INSURER)AFFORDIN COVERAGES NAIC# Rockwall TX 75087 INSURERA:Scottsdale Insurance Company INSURED INcLIRFR s !United Fire _& Casualty Company 13021 Midwest Wrecking Co. of Texas, Inc.,,/ s . Co n INSURER c ;Texas Mutual Insurance Co. 2 945 P.O. Box 161819 � a INSURER D %Ta ; rsSec;i atvIn. 'I INSURER E : _....,.m....—....,......, Fort Worth TX 76161 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR 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. TINSR DL U- R ._.......m_.. POLICY EFF - POLICY EXP LIMITS LTR TYPE OFINSUMN1tE IM¢R WVn POLICY NUMBER (MMIDDFYY.YYI MWDDJYYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ..°" DAMA 'Tc 000 X COMMERCIAL GENERAL LIABILITY PREMISES ,IaREMISES (Ea occurrence) $ 100,000 A CLAIMS•MADE L^ I OCCUR ,r CS0030728"8/16/2013 8/16/2014 ' MED EXP (Any one person) $ 5,000 G2033 7/04, Cq�,037 7/04 PERSONAL & ADV INJURY $ 1,000,000 G2404 5/09 GENERAL AGGREGATE $ 2,000,000 -° GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 21,000,000 POLICY LXI PRE- LOC $ AUTOMOBILE LIABILITY.-"' COMBINED SINGLE LIMIT '. !Fa arnidanfl '. $ 1 , 000 , 000 ' ",•,. B X ANY AUTO .•" BODILY INJURY (Per person) $ --_._ ALL OWNED SCHEDULED 85317017'• 8/16/2013 8/16/2014" BODILY INJURY (Per accident) $ AUTOS _ AUTOS NON -OWNED CA7109 1/06 i'R PERTY DAMAGE $ u HIRED AUTOS AUTOS Lo_ Neer)" Unlnsuredmoloristcombined $ 1.000.000 UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A AGGREGATE $ 5,000,000 .. }{ EXCESS CLAIMS -MADE' LS0089781 8/16/2013 /16/2014 $ QED RETENTIf1N R .1­0 ..:. C WORKERS COMPENSATION 0001171473 "8/16/2013 /16/20141 X T(�1RVIATU- r OER- AND EMPLOYERS' LIABILITY """ ANY P RDI RIETORAi ARTNERIEXECUTIVF= C420304A 1/00 `" F E.L EACH ACCIDENT $ 1 . 000 , 000 " OFFICEFUMEMLiER EXCLUDED? ...NIA ,, " —" (Mandatory In NH) E.L. DISEASE - EA EMPLOYE O $ 1 . 000 . 000 It yya5, t wwnbe under ........ -- .. ._..... DESCRIPTION OF OPERATIONS below EL. DISEASE - POLICY LIMIT 1 $ 1,000,000 D Pollution Liability r,„ 013ECP721371NC 8/16/2013 8/16/2014" Policy limit - ocGaggregale 5,000,000 .,. D Professional Liability 013ECP721371NC 8/16/2013 9/16/2014 'Policy limit - occlaggregate 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Project: 5467 Mayhill Improvements Structure Demo See above listing of additional insured and waiver of subrogation endorsement forms.'• - CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Denton ..,.v 215 E. McKinney Street Denton, TX 76201 AUTHORIZED REPRESENTATIVE R Daiker-1/DEBBIE ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved, INS025lgntnnsiot Tho Arr1Rr1 name anrf Innn aro roniatararl marker of Ar.OPn