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1993-170ORDINANCE NO ! /O AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has solicited, received and tabulated com- petitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances, and WHEREAS, the City Manager or a designated employee has receiv- ed and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or im- provements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the con- struction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the,Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as be- ing the lowest responsible bids B.ID NUMBER CONTRACTOR AMOUNT 1536 DEAN ELECTRIC INC $239,520 00 1537 GALVA FOAM MARINE INDUSTRIES INC $ 17,399 00 1543 SUN COMMERCIAL ROOFS, INC $ 41,389 00 1545 JAGOE PUBLIC INC $346,141 00 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Propos- als, and documents relating thereto specifying the terms, condi- tions, plans and specifications, standards, quantities and speci- fied sums contained therein SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council here- by authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective im- mediately upon its passage and approval PASSED AND APPROVED this the6g° day of-j1 1993 BOB CASTLEBERRY, ATTEST JENNIFER WALTERS, CITY SECRETARY BY D APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY r~~ - DATE SEPTEMBER 21, 1993 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID # 1536 - NORTH LAKES PHASE II - BALLFIELD LIGHTING RECOMMENDATION We recommend this bid be awarded to Dean Electric Inc in the low bid amount of $239,520 00 SUMMARY This bid is for the purchase of Ballfield Lighting for the North Lakes Park Phase II Softball and Soccer Field Complex Included in the bid are approximately 56 steel light poles with various configurations of sports lighting mounted on each as well as all cost for installation and miscellaneous materials BACKGROUND Tabulation Sheet, Memorandum from Bob Tickner, Superintendent of Parks North Lakes Park, Park & FISCAL IMPACT This is a 50/50 jointly funded project between the Texas Park and Wildlife and the City of Denton espectful ubautt loyd arrel City Manager Approved Name Tom D Shaw,C P M Title Purchasing Agent agenda 419 I I ~ ~ >1 roV ~ O ~ O Q~ t00 W O L ZW ( I N V r p Q ~ N U O o Q >HU OUP °f N W W p xWW W } O O W M I I U O o Q p Q¢ WUZ I W ° O per' M } p O ° Q W w r w W aZO~f W CC QJ OC Z p r m I w m p O U wW W J CG m Q a m 0 3 A y 0 z W Q o z W < m m 0 09-13-93P01 59 0021 CITY Of DENTOMV, TEXAS MUNICIPAL BUILDING / 215 E MCKINNEY / DENTON TEXAS 76201 M E M O R A N D U M TO Tom Shaw, Purchasing Director FROM Bob Tickner, Superintendent of Parks DATE September 13, 1993 SUBJECT Recommendation of Bid #1536 North Lakes Park Softball and Soccer Complex Lighting After review of the bids received for lighting the new softball and soccer field complex, we wish to recommend the low bid of Dean Electric Inc , Cedar Hill, Texas, in the amount of $239,520 00 other bidders on the project were 2 Groves Electric Service, Carrollton, Tx 3 Nema 3 Electric Inc , Cedar Hill, Tx Contract estimate was Please advise if you have any questions Robert K Tickner Superintendent of Parks RT ve AJJ007C7 $255,978 00 $260,605 00 $250,000 00 8171566 8200 D/FW METRO 434 2529 DATE SEPTEMBER 21, 1993 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID # 1537 - NORTH LAKE PHASE II - FISHING PIER RECOMMiENDATION We recommend this bid be awarded to the only bidder, Galva Foam Marine Industries Inc in the amount of $17,399 00 SUMMARY This bid is for the purchase of a Fishing Pier for the North Lakes Park area It consist of a 40' x 4' walkway with an approximately 28, square open center fishing deck We did not anticipate many responses to our request although several notices were mailed This is a specialty type industry, however, the architect and staff feel this is a good price for the structure BACKGROUND Tabulation Sheet, Memorandum from Bob Tickner, Superintendent of Parks North Lakes Park, Park and FISCAL IMPACT This protect is funded 50/50 by a grant for Park Development from the Texas Parks and Wildlife Department and the City of Denton 4Re ppgtful bmrt e Lloyd V Harre City Manager Approved Name Tom Shaw, C P M Title Purchasing Agent agenda 420 09-13-93P01 59 0021 CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E McKINNEY / DENTON TEXAS 76201 M E M O R A N D U M TO Tom Shaw, Purchasing Director FROM Bob Tickner, Superintendent of Parks DATE September 13, 1993 SUBJECT Recommendation of Bid 01537 Fishing Pier for North Lakes Parks We wish to recommend the bid of Galva Foam Marine Industries Inc , of Camdenton, Missouri, at $17,399 00 for the installation of a fishing pier on the north lake at the North Lakes Park This product is a specialty item consisting of galvanized steel structural, styrofoam panels and treated wood planking that floats with the water level of the lake After review and discussion with our Landscape architect we feel this single bid is very competitive when compared to other projects in other cities Please advise if you have any questions Z ye~ T~- ~ obert K Tickner Superintendent of Parks RT ve 8171566 8200 D/FW METRO 434 2529 (7LL <G ~ Z ~ W N ILLU O M Y0W N Z m W m r ~yW m ~LL a W 0 N z W W Q ~ O ~k Z W 0 o a m m 0 % r DATE SEPTEMBER 21, 1993 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID # 1543 - REROOFING AT THE DENTON ELECTRIC PRODUCTION PLANT RECOMMENDATION We recommend tins bid be awarded to the low bidder, Sun Commercial Roofs, Inc in the total amount of $41,389 00 SUMMARY This bid is for all labor and materials necessary in reroofing two sections and the Penthouse Tower at the Electric Production Plant This reroofing will provide a coal-tar extended elastomeric built-up roof system, with a 15 year manufacturers warranty This project was estimated at approximately $43,000 00 Six bid proposals were received in response to eight invitations mailed to potential vendors BACKGROUND Tabulation Sheet FISCAL IMPACT Budgeted Funds for Electric Production Building Maintenance Account # 610-080-0251-8301 with a balance of $328,042 13 espegtfu y ubm t Lloyd V Harre C1 Manager Prepared By Name enise Harpool Title Senior Buyer Approved Name Tom D Shaw, C P M Title Purchasing Agent agenda 410 NJZ p~p O SS Jo FE LULL 0 U OU ~7 tzli $p W ~g~ N v+$~+ 3 T Qz O S o0U.8 a 10 r 8g r N LU CO 22 S 88U8 mw u CL N? W "Q~N 8 SELLS mLL O Q u m W ^OaD U x Z } ~o 8 8 8 °ro ZQLLLL p J~ nLU0 N w } to 2 0 U 8 °SLL 8 J 2Q } oui UU 2 ? N ZZM ZO W Z og8 m ~ m 29 2 O Q(L m N = 0 JLL0 z LU C J W m U Lu Z0-> 0 LL. f3 W m y U W UJ Q a Q U F Q qk Z W C 0 a m m 0 ' r DATE September 21, 1993 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID # 1545 - REPLACE MISCELLANEOUS WATERLINE 92' RECOMMENDATION We recommend this bid be awarded to the low bidder, Jagoe Public, Inc in the total amount of $346,141 00 SUMMAPY This bid is for all materials and labor involved in the replacement of approximately 9000 ft of waterlines These 6" & 8" waterlines are located on Emerson, Brookfield, Glenwood, Locksley and Archer Trail Jagoe Public's price for this project is $15,000 under the engineers estimate Five bid proposals were received in response to 23 invitations to be mailed to vendors BACKGROUND Tabulation Sheet, Memorandum Gerald Cosgrove dated 9-10-93 FISCAL {MPACT Budged funds for 1992 Account #620-081-0461-R203-9114 (forMisc Waterlines) with a balance of $522,871 86 and Budgeted Revenue Bond for 1993 Account #662-081-RB89-R203-9114 (for Emerson) with a balance of $5,357,706 00 ~espectfull ubmrtte oy arre City Manager Prepared By I~..s N Name Denise Harpool 40v~q~ Title Senior Buyer Approved Name Com D Shaw, C P M Title Purchasing Agent agenda 415 Z h N 2 ~YZ g 0 C ' U J n w z cr U U r z0 2U I~ O 00 -ai d mz N 00 U w I~1 W M gCYM Z WZO) o o UAW N ~ m 0 ~ m ~i ~i,,II ~I- W C O m g3E CT m W N a W W W Q ~h Z W o 0 a 1 m m 0 % r , 09-10-93P04 37 0021 TO Tom Shaw, Purchasing FROM Gerald P CosgroveG P DATE September 10, 1993 Agent E , Engineering Administrator SUBJECT CONSIDER BID OPENING 1545 FOR CAPITAL IMPROVEMENTS PROJECT - 1992 REPLACE MISCELLANEOUS WKrERLINES RECOMMENDATION The Utility Staff recommends award of the c,untract to Jagoe Public, Inc for the amount of $346,141, for the construction of 1992 Replace Miscellaneous Waterlines SUMMARYs 1992 Replace Miscellaneous Waterlines consist of 3,633 feet of 6" waterline and 5,596 of 8" waterline Bids were opened on September 9, 1993 with a total participatio, of (5) bidders Jagoe Public Inc , of Denton, TX, was the lowest qualified bidder in the amount of $346,141 This project is actually two projects in the same area of town 1992 Replace Waterlines was originally budgeted as a reverie project and is $56,948 under budget Emerson waterline was added to the project due to the accelerated rate of maLn breaks on the street during the last year The Emerson wat rline is funded out of 1993 oversize money The entire X oDect is $15,268 under the engineers estimate The bid does not include asphalt patching The Engineering and Transportation Department will perform his service for $2 00 per square foot of asphalt patch The area to be patched will be determined after the contractor has completed his work The estimate for patching is 32,000 square feet in the amount of $64,000 Page 2 The waterlines in this area have deterioraLed to the point that over a twenty year period it would be cheaper to replace these line rather than continuing to repair them On Archer Trail and Locksley services will be relocated from the rear yard to the front along the street The existing mains in the alleys behind the houses are difficult to repair and they cause excessive damage when they break FISCAL IMPACT: $290,000 if budgeted for Replace Miscellaneous Waterlines 1992 $76,000 is available for FY 93 oversize waterline to help fund the Emerson waterline and $50,000 is budgeted for patching in FY 94 revenue (See Exhibit II "Fund Analysis" for more detail Exhibits I Location Map II Fund Analysis III Bid Tabulation IV CIP Detail Sheet 1GG084 wp DOVER I J O~~ CAMBRIDGE LN ON OXFORD LN ERSON o`er GtiQ- a 2 y W 0 3 z z a AID F~ FRI IPCI Z F r J J o H WILL] AMSBURG ROW F-- 3 ~ Z O o o z pp cy cx MISTYWOOD LN --iF IROBIN C R WOOD LAURELW00 p OD d` d O~ luzjj EENWOOD MOHICAN E S~ CHER W 7 RS\,~~ ~R OKEE = j~Cq a REE ~ N E•J P9 Z RQ P ~ ~ GQ F-1 n - M\N/ 1992 REPLACE 6" & WATER LINES EMER ON 6", BROOMELD 6", OLENNWOOD 6", LOCKSLEY 6", ARCHER TRAIL 8" DRAWN BY DANIEL BROWN CIP# 93-0461DOO DATE 12-30-92 SCALE 1"=600' 1992 REPLACE MISC WATER LINES FUND ANALYSIS CONSTRUCTION (1992 REPLACE) $290 000 00 ACTUAL/ $233,05200 I(OVERVUNDER BUDGET ($56,141 001 AVAILABLE FROM FY93 OVERSIZE WATER $76,00000 TOTAL W/ FY93 OVERSIZE $430,00000 $410,141 00 (OVERVUNDER BUDGET $19 659 001 1 N 0 I IZ ~ O z IW > M 10 7 v Z e U 0 Z - 7 O QQ II v LU 7 Lo 0 W Y U W M Z 2 U gN~ I ( o to ¢ ¢ w a UZw N_m 1 ~ 2 VZ NJ 3 0 N Q r xxx to aW Z m U U¢a~. g3ui ° Ua g~ N Z 0 uj W ° W W ~ 2 p K Vk Z W la ° a r N M 1993 CAPITAL IMPROVEMENT PROJECT # 93-0461DO PROJ TITLE (1992) REPL MISCELLANEOUS WATERLINES ESTIMATED COST $298 (x 1000) EVALUATION SCORE 66 GROUP ASSIGNMENT 5 DESCRIPTION Replace deteriorating waterlines and service connections transferred to front of property Archer Trail-Emerson to Emerson 8" 1 900 LF $104000 Locksley -Emerson to Nottingham 8" 1 525 LF $ 71 000 Glennwood-Windsor to Emerson 6" 600 LF $ 38 000 Brookhollow- Emerson to Woodhaven 6" 1 000 LF $ 37 000 Emerson-Brookfield to Rockwood 6" 500 LF $ 48 000 PURPOSE Save on maintenance and repair costs Improve system integrity COST CALCULATION Design/Inspection estimate $ 26 000 Construction estimate 27$ 2,000 Total $298000 FUNDING REQUIREMENTS CASH FLOWS/ENCUMBERANCES (In Dollars x 1000) ENC EXP ENC EXP ENC EXP ENC EXP ENC 1993 O N D J 280 46 F A 47 M 47 J 47 J A 1994 O N D J F A M J J A 1995 O N D J F A M J J A EXP ENC EXF 46 M 4 S M S M S ENCUMBERANCES CASH EXPENDITURES BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOT TOTAL 1 ST YR $0 $280 $0 $0 $280 $0 $280 $0 $0 $280 TOTAL 2ND YR $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL 3RD YR $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 GRAND TOTAL $0 $280 $0 $0 $280 $0 $280 $0 $0 $280 ENCUMBERANCE DATES PHASE DATE AMOUNT General Purchase Eng Design City 1/92 $ 18 Inspection City 1/93 $ 8 Construction 1/93 $272 Miscellaneous ENCUMBERANCE TOTAL $298 COMMENTS This Is a multiyear project beginning in 1992 Encumberances prior to 1993 $ 18 000 Current CIP $280000 Total Project Budget $298000 3/25/92 14 47 . a CONTRACT AGREEMENT STATE OF TEXAS BOND EXECUTED IN FOUR (4) ORIGINALS § BOND NO. 49836 COUNTY OF Denton § THIS AGREEMENT, made and entered into this 22 day of September A.D., 19 93 , 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, hereinafter termed "OWNER," and Sun Commercial Roofing, Inc. 2419 Southwell Rd Dallas, TX 75229-4519 of the City of Dallas , County of Dallas and State of Texas , hereinafter termed "CONTRACTOR." / WITNESSETH: That for and in consideration of the payments and, agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Bid #1543 - Reroofing at the Denton Electric Production Plant in the amount of $41,389.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes CA - 1 " all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by Armko Industries, Inc. all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ATTEST: Sun Commercial Roofing, Inc. CONTRACT By Title (SEAL) AAA0184D CA - 3 PERFORMANCE BOND STATE OF TEXAS § BOND EXECUTED IN FOUR (4) ORIGINALS COUNTY OF Denton § BOND NO. 49836 KNOW ALL MEN BY THESE PRESENTS: That Sun Commercial Roofing, lnc_ of the City of Dallas County of Dallas , and State of Texas as PRINCIPAL, and Frontier Insurance Company of New York, Rock Hill, New York 12775-8000 , as SURETY, 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 as OWNER, in the penal sum of Forty one thousand three hundred and eighty nine Dollars 41,389.00 ) 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 OWNER, dated the 22 day of September , 19 93, for the construction of Bid #1543 Reroofing at the Denton Electric Production Plant in the amount of 541.389.00 which contract is hereby referred to and made a part hereof as fully and to the save extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 72nd Legislature, Regular Session, 1991, 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 - 1 PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way 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 12th day of October 19 93 , ' Sul} Commercial Roofs, Inc. Principal By Title 174- Address: 2419 Southwell Road Dallas, Texas 75229 Frontier Insurance Company of New York Surety M)4' tz'--4- e y L. ump re Title orney-in-Fact _C Address: Rock Hill, New York 12775-8000 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: V.R. Damiano, Jr. 17774 Preston Road, Dallas, Texas 75252 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D PB - 2 PAYMENT BOND STATE OF TEXAS COUNTY OF Denton BOND EXECUTED IN FOUR (4) ORIGINALS BOND NO. 49836 KNOW ALL MEN BY THESE PRESENTS: That Sun Commercial Roofing, Inc. of the City of Dallas County of Dallas , and the State of Texas , as principal, and Frontier Insurance Company of New York, Rock Hill, New York 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 , OWNER, in the penal sum of Forty one thousand three hundred and eighty nine Dollars 41,389.00 ) 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 owner, dated the 22 day of September 1993 Bid #1543 - Reroofing at the Denton Electric Production Plant in the amount of $41,389.00 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 72nd Legislature, Regular Session, 1991, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB - 3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way 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 12th day of October 19 93 , Sun Commercial Roofs, Inc. Principal By Title Address: 2419 Southwell Road Dallas, Texas 75229 Frontier Insurance Company of New York Surety e yl L. Humphrey Title t rney-in-Fact Address: Rock Hill, New York 12775-8000 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: V.R. Damiano, Jr. 17774 Preston Road, Dallas, Texas 75252 AAA0184D PB - 4 IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 FAX #(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. BOND EXECUTED IN FOUR (4) ORIGINALS p BOND NO. 49836 L'Iter INSURANCE COMPANY OF NEW YORK MONTICELLO, NEW YORK (A Stock Company) No _ 7671 - NY POWER OF ATTORNEY Tanafn,A [I~Rvn~Rgthese resents: That FRONTIER INSURANCE COMPANY OF NEWYORK, a New York Corporation, having its principal office In Monticello, New York, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 4th day of November, 1985: "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys-in- Fact to represent and actfor and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory In the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of Its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company maybe affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may Insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney-in-Fact" This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: V. R. Damianor Jr. James V. Damiano Cheryl L. Humphrey Shane A. Humphrey of Dallas , in the State of Texas Its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in Its name, place and stead to sign, execute, acknowledge and deliver in Its behalf, and as Its act and deed, without power of redelegation, as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED FIFTY THOUSAND ($850,000.00) DOLLARS; and to bind FRONTIER INSURANCE COMPANY OF NEW YORK thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER INSURANCE COMPANY OF NEW YORK, and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given'are hereby ratified and confirmed. c~7I °n Witness phereof, FRONTIER INSURANCE COMPANY OF NEW YORK of Monticello, New York, has caused this Power of Attorney to be signed by Its President and its Corporate seal to be affixed this 2 rid day of November .19 89 FRONTIER INSURANCE COMPANY OF NEW YORK ~SUa.E/y°f i SI u P iE= o. SELL i>. State of New York BY: WALTER A. RHULEN, President County of Sullivan as.: On this 2nd day of November , 19 89 , before the subscriber, a Notary Public of the State of New York in and for the County of Sullivan, duly commissioned and qualified, came WALTER A. RHULEN of FRONTIER INSURANCE COMPANY OF NEW YORK to me personally known to be the Individual and officer described herein, and who executed the preceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument Is the Corporate Seal of the Company, and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said Instrument by the authority and direction of the Corporation, and thatthe resolution of the Company, referred to in the preceding Instrument is now in force. Ott Testimong Phereof, I have hereunto set my hand, and affixed my official seal at Monticello, New York, the day and year above written y`Np~'MC • .'NOTAgyt s'•r'UeL\O py +w OF NEW..+' CERTIFICATION o° ern , A Notary Public of New York My Commission Expires June 22, 1993 I, MARVIN L. TEPPER, Secretary of FRONTIER INSURANCE COMPANY OF NEW YORK of Monticello, New York, do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuantthereto, are true and correct, and that both the Resolution and the Powers of Attorney are in full force;and effect. ,3n Pitness hereof, I have hereunto set my hand and affixed the, facsimile seal of the corporation this 12th day of October 19 93 FM 19-5002-FL (9/92) ~~Qn PBtSN~N,. h. W r p09 ~'CO i 5P\ PFN •OPP :)~I ` MARVIN L. EPPER, ecretary CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorse-ments as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • 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 • Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its AFF006EA REVISED 08/02193 Insurance Requirements Page 2 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. • All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage. • 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. • 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. AFF006BA REVISED 09/02/93 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [x] A. General Liability Insurance: General Liability insurance with combined single limits of not less than _ $500,000 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. • 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. AFF006BA REVISED 08/02193 Insurance Requirements Page 4 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 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. {~g Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. [ j Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. AFF006BA REVISED 08102/93 Insurance Requirements Page 5 [ ] 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 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. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. AFFOO6RA REVISED 08102193 L DATE 101 Ter Sewell and Co. Walnut Hill Ln, #505 .a. T% 75231 ONNERCIAL ROOFS INC SOUTHWELL ROAD 8 T8 75229-4519 LErTEN ' E 01407123-1 B C IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD SATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS IRCATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, USIONS AND CONDITIONS OF SUCH POUCIES. UMTTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ............................................................................................................................................................T................................;............................................................... POLICY EIVW= MUCY EVOUTION 7YP9 OF PI&IBANCe POLICY NuMam DATE (MMLDAN) DATE PAWODAY) IEETE IAL LMBEITY i 0043ML AGGREGATE COMMERCIAL GENERAL LIABILITY GLRC101978 . s PRODUCTS W/OP ADM CLAMS MADE $ :OCCUR.: ` :08/04/93 08/04/94:_PERSOxw"AD!.RUM OVAGM E CONTRACTORS NWT. EACH OCCURRENCE FIRE DAMAGE (Any Pro M; . MED. EQeISE (Ary w pe ABLE LIABEITY COMBWD SINGLE AW AM i BAF974553 ' LLIR ALL ONNED AUTOS :07/23/93 08/04/ 94`eODLr NAXir SCHEDULED AUTOS (Por per ) HIRED AUTOS NONOMIED AUTOS - GARAGE UASM (Par'cowmO :.NWNNfr.DNANiE WIRON OF amATpNSLOCATIONSIVINCLOW21CML Rem RE: PROJECT #1543 CERTIFICATE HOLDER I8 ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY. 7/1993 LY AND nV=TE D BY THE 5,00 1,000,00 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 OO DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE OF DMTON LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR DENISE HARPOOL, PURCHASING LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. TEXAS DRIVE WRE8=TA N TS 76201 Q/I.4.. A //w //Jn . 00 4 SENT BY:SLEEPER, SEWELL & CO ;10-18-93 ;10:34AM ; Blooper Boweli and Co. 8440 Walnut Hill Ln, #505 Dallas, T% 75231 (214) 369-3838 NYO® SUN COUNERCIAL ROOFS INC 2419 SOUTEWELL ROAD DALLAS TX 75229-4519 DALLAS, TX- 88175668236;i 21 2 i IBeTm Dus pDLDDrrp Ii 10/1811993 COMPANIES AFFORDING COVERAGE coUiTT9T~KR E 01407123-1 THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED 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 ISSUE13 OR MAY PERTAIN, THE INSURANCE AFFORDED BY TTIE POLICIES DESCRIBED HEREIN 19 SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCE) BY PAID CLAIMS. y-............................................................... . TYPE OF NBIp4NCE POLICY IDOWER raw NYR7111B Y mB1Og1 ~B OAT! (NMDIVYR : DATBOSAOONYI ! OBNNML IIABBIIY .•f" OOMA9ICNL OMWA. LIMLITY CLAIMS MADE ? % €OCCUFL OYM MS L CONTRACTORS PROT. AVIDIIDBBE ItABS11Y B! X'•ANY AUTO ALL OWNED AUTOS SCHbOULLO AUTO$ :..5 . NR6D AUTOS X . NO "NNED A nDS OANWE UARLRY OLRCIOIGN BAFi7q1163 ;08/04/93 ;7/23/93 08/04/ 08/041 BOOLY RIURY (PAT DPINn) GODLY RAW ow AePNwB PROFMW DAMAGE B LMBBTIY UMMELLA F" OM TNAN UM9RaLA FOW YWRIDN7 COAPINYTSIN C; AND NMIOYXOOF UAEW" . OTNNI AO(O M12 STATUTORY LWf9 . EACH ACCIDENT DSEIITE POL.Cr LIMIT OBEASS - Shc" EMPLOYE: 1,000,0 OEBCRIPION OF OPeIAIIDP19BOCA7BdB1aPEdLL MEIN RE: PROPTECT 01543' CERTIFICATE HOLDER 18 ADDITIONAL INSURED AS RESPECTS GENERAL a AUTO LIABILITIES. ES SHOULD ANY OF THE ABOVE DESCRIBED POUCIFS 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 J CITY OF DIMON LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHILL IMPOSE NO OBLIGATION OR ATM: DENIBE EARPOOL, PURCEABING LIABILITY OF ANY POND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 901-B TEXAS DRI" AUTIV AURC 9ITATNB DENTON TX 76201 Q A CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON 5 THIS AGREEMENT, made and entered into this 21 day of SEPTEMBER A.D., 19 93 , by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through _ LLOYD V. BARBELL thereunto duly authorized so to do, hereinafter termed "OWNER," and \GALVA FOAM MARINE INDUSTRIES INC., RT 67, BOX 19, CAMDENTON, MO 65020 of the City of CANDENTON , County of CAMDEN and State of MISSOURI , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1537 - NORTH LAKE PHASE II - FISHING PIER in the amount $17,399.00 and all extra work in connection therewith, under the terms as stated in the General conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes CA - 1 all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by J. T. DDNKIN AND ASSOCIATES, INC. all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. (SEAL) ATTEST: GALVA FOAM MARINE INDUSTRIES INC. CONTRACTOR pp ~ By CGxj i e 4 (SEAL) AAA0184D CA - 3 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That GALVA FOAM MARINE INDUSTRIES INC , of the city of rAAMrW' 7J County of cAN~Ex , and State of MISSOURI as PRINCIPAL, and CONTINFTTPAT. C'.A911ATT9 rnKPAN4 as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON as OWNER, in the penal sum of SEVENTEEN THOUSAxn THRRF RTmDREn uTNFTY NINE AND No/100------------- Dollars 17.399.oo ) 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 OWNER, dated the 21 day of SEPTEMBER , 19 93, for the construction of BID # 1537 - NORTH I.AKF PHARF. II - FISHING PIER 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, 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 acts of the 72nd Legislature, Regular Session, 1991, 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 - 1 PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way 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 29th. day of September 19 93 GALVA FOAM MARIIE INDUSTRIES. INC. Principal By~j Title Vice President CUTEIMUL .ASUATTY .(1MPANV Surety i Linda S1 Reynolds Title Attorney-in-Fact Address: Route 67, Box 19 Camdenton, NO 65020 (SEAL) Address:8500 Shawnee Mission Pkwy #111, Merriam, KS 66202 (SEAL) The name and address of the Resident Agent of Surety is: CNA Insurance, 12005 Ford Road, Suite 400., Dallas, TX 75234 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D PB - 2 PAYMENT BOND STATE OF TEXAS 5 COUNTY OF DENTON ~1 KNOW ALL MEN BY THESE PRESENTS: That _ALVA FOAM ART INDUSTRIES INC. of the City of rnrmlawala _ County of CAMDEN , and the State of MISSOURI , as principal, and CONTUMgML CASUALTY CCHPANY 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 , OWNER, in the penal sum of No/100--- SEVENTEEN THOUSAND THREE HUNDRED NTNETy NINE ana Dollars 17.399.00 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 Owner, dated the 71 day of cynT RRR 1993 . BID # 1537 - NORTH LAKE PHASE II - FISHING PIER 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 72nd Legislature, Regular Session, 1991, 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 - 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 any way 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 29th day of September 1993 GALVA FOAM MARINE INDUSTRIES INC. Principal By. Title VirP PrPCidPnt Address: Route 67, Box 19 Cmtdenton, M 65020 (SEAL) CONTMIFA . CASUALTY CCEPANY Surety /I 0 G X Linda S Reynolds Title Attorney-in-Fact Address: 8500 Shawnee Mission Pkwy. #111, Merri.aai, KS 66202 (SEAL) The name and address of the Resident Agent of Surety is: Douglas Hotchkiss. CNA Insurance, 12005 Ford Road, Suite 400, Dallas, TX 75234 AAA0184D PB - 4 MAINTENANCE BOND THE STATE OF TEXAS COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That Ar.yA n N nRTNE INDUSTRIES INC. as Principal, and n1NTTNF.NPAL CASUALTY CCWANY 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 ONE THOUSAND SEVEN HUNDRED THTRT9 NTNR AND NT=_LENM _ Dollars 1.739.90 ten (10%) percent of the total amount of the 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, said GALVA FOAM MARINE INDUSTRIES TNC has this day entered into a written contract with the said City of Denton to build and construct BID # 1537 - NORTH LAKE PHASE TT - FISHING PIER 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 incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and; WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in MB - 1 accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing 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. IN WITNESS WHEREOF, the said GALVA FOAM KVJM INDUSTRIES INC.. as Contractor and Principal, has caused these presents to be executed by Roger Squires and the said CanMEVTAL CASUALTY COMPANY as surety, has caused these presents to be executed by its Attorney-in-Fact Linda S. Reynolds and the said Attorney-in-Fact has hereunto set his hand this 29th day of September , 19 93 . SURETY: CASUALTY CCWANY BYO'k,;~, Linda S. Reynolds PRINCIPAL: GALVA FOAM M~ INDiJSTRIES INC. !D lo~~ Attorney-in-Fact M LAS AGENT: Douglas Hotchkiss CNA Insurance 12005 Ford Road, Suite 400 Dallas, TX 75234 AAA0184D MB - 2 Continental Casualty Company CNA Bid All IM• Cnmmit nnmt,. I'nn Mxkr' AN ILLINOIS CORPORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Illinois, and having its principal office in the City of Chicago, and State of Illinois, does hereby make, constitute Robert R_ Fiss of Prairie Village. K5- Linda S. Reynolds of Paola- KS larry .1 Cramer_ of Blue Springs MO each Individually Its true and lawful Attorney-in-fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX-Execution of Documents Section 3. Appointment of Attorney-in-fact. The President or a Vice President may, from time to time, appoint by writtencertificates attorneys-in-fact to act in behalf of the Company in the exceculion of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of April, 1957. "Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the awl of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearingp such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certlfietl b~ certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and b ndino on the Company." In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 20th day of ADri 1 , 19 93 State of Illinois 1 as County of Cook ( this tell, to esiden )f said to s0 aswir, r i caw.,r suL n„ rsuant to aut 11 ledges some to (20' C OF~~ aOTARy T Puaue ~ G..~ CONTINENTAL CASUALTY COMPANY J. E. Purtell ` Vice President. it is such corporate a en by the Board of C act and deed of said before me personally came iv, State of Illinois; that he is e instrument; that he knows -suant to the said instrument and that he signed his name Linda C. Dempsey My Commission Expires 19, 1994 CERTIFICATE I, George R. Hobaugh, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that Section 3 of Article IX of the By-Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have h unto subs ribed my name and affixed the seal of the said - Company this of r4a- uses„ CCC : tnru•y ~I ~ George R. Hobaugh Assistant Secretary SEAL n„ Form 1.23142.8 INV. NO. G-59200-B CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorse-ments as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • 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 • Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its AFF006RA REVISED 08102193 Insurance Requirements Page 2 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. • All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage. • 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. • 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. AFF006BA REVISED 08102/93 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [3d A. General Liability Insurance: General Liability insurance with combined single limits of not less than _ 1,ooo,oaoshall 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 coverages. • 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. AFF006BA REVISED 08102193 Insurance Requirements Page 4 [x] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than soo.ooo 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 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 Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. [ I Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. AFF006RA REVISED 06/02/93 Insurance Requirements Page 5 [ ] 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 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ I Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. AFF006BA REVISED 08102193 CERTIFICATE OF INSURANCE CITY OF DENTON Name and Address of Agency: City of Denton Reference: Project Name: Project No.: Phone Project Location: Managing Dept: Name and Address of Insured: Companies Affording Coverage: A Phone B C This is to certify that: 1) Policies of insurance listed below have been issued and are in force at this time. 2) The City of Denton is listed as an additional insured as to all applicable coverage. Company Expiration Limits of Liability Letter Type of Insurance Policy Number Date In Thousands (000) Comprehensive General Liability Occurrence - Occurrence Bodily Injury $ - Claims Made (see #4-Page CI-4) Property Damage S Broad Form to Include: Bodily Injury and Property - Premises/Operations Damage Combined $ - Independent Contractors - Products/Completed Operations - Personal Injury - Contractual Liability (see #3-Pepe CI-4) - Explosion and Collapse Hazard - Underground Hazard - Liquor Liability Coverage - Fire Legal Liability (see #5-Pape CI-4) - Broad Form Property Damage - Professional Errors/Omissions - occurrence - claims made (see #4-Page CI-4) Comprehensive Automobile Liability Bodily Injury/Person $ - Owned/Leased Automobiles Bodily Injury/Accident $ - Non-owned Automobiles Property Damage S - Hired Automobiles Bodily Injury/Property Damage Combined $ - Workers' Compensation and Employers' Liability Statutory Amount $ each accident . Owners' Protective Liability - $ Other Insurance Description of Operations/LocationsNehicles. Each policy shall require thirty (30) days notice of cancellation, non-renewal, or material change in coverage. (See #2, Page CI-4). CITY OF DENTON, TEXAS PURCHASING AGENT 901-B TEXAS STREET DENTON,TEXAS 76201 DATE ISSUED AUTHORIZED REPRESENTATIVE SEE DEFINITIONS ON PAGE CI-4 ATTACHED AAA007BF CI- 5 SECTION 00300 - PROPOSAL FORM 00300.1 TIME: 2:00 P.M. 00300.2 DATE: September 2, 1993 00300.3 TO: Purchasing Agent City of Denton 901 B. Texas Street Denton, Texas 76201 Gentlemen: 00300.4 STIPULATED SUM The undersigned having examined the Contract Documents entitled: North Lakes Park, Complex Fishing Pier, Bid #1537 City of Denton and having visited the site of the proposed construction, and having familiarized himself with the local conditions affecting the cost of the work, and with all addenda to the said documents, hereby proposes to furnish all supervision, labor, materials, equipment, tools, and accessories and to do all work in accordance with said documents and addenda thereto for the stipulated sum of: Seventeen thoueand thnee hundned nine.tpollars 17,399.00 1 Base bid nine Note: Amounts shall be shown in both words and figures. In case of discrepancies, the amount in words shall govern. ADDENDA: This will acknowledge receipt of the following addenda which are part of the Bidding Documents: Addendum No. N / A Addendum No. Addendum No. ='-Z bryTgb 9(d&J93 Addendum No. 00300 - 8 The undersigned bidder hereby declares that he has visited the site of the work and has carefully examined the Contract Documents pertaining to the work covered by the above bid, and he further agrees to commence work within ten (10) days after date of written notice to do so and to substantially complete the work on which he has bid within 90 consecutive calendar days subject to such extensions of time allowed by specifications. The undersigned bidder agrees that his bid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids. The undersigned bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. BID GUARANTY: Enclosed with this Bid Is a Certified Check for: N / A DOLLARS N/A or a Bid Bond in the sum of Eight hundned 5ixtu nine and DOLLARS($ 869.95 95/100 which it is agreed shall be collected and retained by the Owner as liquidated damages in the event this Bid is accepted by the Owner within 60 days after the bids are received and the undersigned fails to execute the Contract and the required Bonds with the said Owner within ten (10) days after the date said Bid is accepted; otherwise said check or bond shall be returned to the undersigned upon demand. Inc. "Seal Camdenzon, MO 65020 City, State, Zip Code (314)-346-3323 Phone *If Bidder is a Corporation 00300 - 9 Route 67, Box 19 Address SELECTED MAJOR CONTRACTS (OVER $200,000.00) AMOUNTS ARE ROUNDED ALPHABETICAL ORDER MAJOR CONTRACTS Barker's Island Marina City of Superior Superior, WI 54880 715-392-3225 Jeff Vito 1978 $750,000.00 Blue Springs Marina 22807 Woods Chapel Road Blue Springs, MO 64015 816-795-8200 Ron Fuhrken Bucksaw Point Marina Rt. 3, Box 181 Clinton, MO 816-477-3312 John Magnum City of Columbus 90 W. Broad Street Columbus, OH 43215 614-645-7410 Fred Hunt, P.E. 1790 Merriweather Columbus, OH 433221 614-451-5113 City of Huron 417 Main Street Huron, OH 44839 419-433-5000 Mike Tann Duck Club Marina 6257 Highway V St. Charles, MO 314-258-4321 Kenneth Schryver Goosepond Colony Rt. 2, Box 001 Scottsboro, AL 35768 205-259-2884 Hugh Judge 1990/91 1984/85 1991/92 1989 1990/91 1990/91 (continued) $840,000.00 $350,000.00 $800,000.00 $301,400.00 $600,000.00 $462,000.00 Page 2 Harbor Point Development 1989 #1 Jamie Circle West Alton, MO 314-899-1214 Jerry Jaycox Island Harbor Marina 1984 4424 Harbor Inn Road Rock Hill, SC 29731 (Lake Club) 803-329-4544 Elliott Close King's Point Marina (2 installations) #1 Fairview Plaza 1984 Davidson, NC 1991 704-892-1136 John Maxwell Longview Marina 1984 22807 Woods Chapel Road Blue Springs, MO 64015 816-795-8200 Ron Fuhrken Moorings at Malibu 1987/91 LK-RD 54-49 Osage Beach, MO 314-348-4420 Ted Garrison Town of Dillon 1990 275 Chief Colorow Dillon, CO 80435 303-468-2403 Bill Simmons U.S. Coast Guard 1983 2nd. Coast Guard District 1430 Olive Street St. Louis, MO $1,300,000.00 $225,000.00 $350,000.00 $450,000.00 $450,000.00 $906,698.00 $638,000.00 $650,000.00 d00'3E)bd 2850 188 LTV _REPLACES CERTIFICATE ISSUED 9-28-93 MIP"4IRIL ..CgRTI,FICATE. F'IN Rick Leslie Wausau Insurance Companies PO Box 3282 Springfield MO 65808 IXBY~N - Galva Foam Marine Industries Inc. RR 67, Box 19 Camdenton MO 65020 E : MTE (MAVDMYJ ,..r... 10-5-93 COMPANIES AFFORDING COVERAGE COMPANY A Nationwide Mutual Ins. Co. :..COMPANY e COMPANY C COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT ON OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUCD On MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND GONDMONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ CD 'II POUCYEFFECTVE POLMYE04RAYTOU LTI1 TYPE OF IN9YRANCE I P000MIMMER OATEMPOONY) OATFONOWDMY) UMNS A 091ORALUasuTrY OFJIEA LAG(iREGATE s 2 000 X COMMERCIALOMNKRLLUAstuTY 78PR7914153001 2-1-93 2-1-94 rPIwuuia4omPIOPAGO s 2,000 MARA MADE I I OCCUR OWNERH 6 CONT TROT X Products AVfOYOBILE UABILRY x ANYAUTO 7BRA7 9 14 15 3002 ALLOWNEDAUTOB BGMULED AUTOS N: HIRED AUTOS $ NON-OWNWAUTOB GARAGE MABIYYY 7 AWAUTC M8 uABurY OPIACEM ARE: umoNEUAFORM 178CU7914153003 A WOITHEPROPRIerOR! F PARmPABR]@cU11YE OTHER THAN uMBREUA FORM bfERIL PEI®A EMPLOYERSpOYu.ABIAmTIDNMO 78WC7914157010 INOL EIML ADDITIONAL INSURED: City of Denton Texas CERTIFICATE HOLDER Purchasing Agent City' of Denton 901D Texas St. Denton TA 76201 i ACORD 259 (3193) 2-1-93 PtSONAL A AM MUM E FACH OCCURRENCE III 5REOAMAGE(A.yoYRE) 8 MEOEYPIAny"PROon) s COMMN®sWIRBUMIT • 2-1-94 BODILY INJURY s (Ibr INNET) MOOLY sOUHY s (F-..dd.rq PROPBRY MMAGE { AUM ONLY• EA ACOO&T ~ 8 2-1-93 12-1-94 I 2-1-93 2-1-94 CANCELLATON MIWIA ANY OF THE ABOVE ONSCWBED POLICIES W CANCalEM OEPONE YNE EIPIRATION DATE THEREOF, THE Mm COMPANY WILL ZM MOVOR To MAIL 30 MYs wRRLN None YG TIM cmmRCATE NOLOFA umm6 To THE LEPT, BIR FAILWIE TO MAIL SW H NO= SHALL APOME NO OBUDATON OR UAILMM OF My IOND UgON 7112 COMPANY, RO AGWM OR REFIROOITATWES, r+ rr~ r- ACORD ODRPORATK EACH ACCIDENT V ADOREDATE f FJICH OCCURRENCE s 2,000 AGGREGATE s 2,000 BTAMORY ISARs EACH AOOMeNT L DI -W-POLICYLNIT s -500 OISKAK • EACH EMPLOYEE 9000 OR Tiads DIY 9990 T99 LTtz L9:80 98/90/0I CONTRACT AGREEMENT STATE OF TEXAS 5 COUNTY OF DENTON THIS AGREEMENT, made and entered into this 21 day of SEPTEMBER A.D., 19 93 , by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and DEAN ELECTRIC, INC., dba DEAN CONSTRUCTION. P.O. BOX 327 (701 HALL ST), CEDAR HILL, TEXAS 75104 of the City of CEDAR HILL , County of DALLAS and State of TEXAS , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1536 - NORTH LAKES PHASE II - BALLFIELD LIGHTING in the amount of $239,520.00 and all extra work in connection therewith, under the terms as stated in the General conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the. Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes CA - 1 I .all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by J T DDNKIN AND AggorTA .S TNr all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. (SEAL) ATTEST: r DEAN ELECTRIC INC. dba DEAN CONSTRUCTION CONTRACT R By Title President (SEAL) AAA0184D CA - 3 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § BOND # 100982 KNOW ALL MEN BY THESE PRESENTS: That DEAN ELECTRIC INC. dba DEAN CONSTRUCTION , of the City of m u II7 County of DALLAS , and State of TEXAS as PRINCIPAL, and TITAN INDEMNITY COMPANY , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON as OWNER, in the penal sum of TWO HUNDRED THIRTY NINE THOUSAND FIVE HUNDRED AND TWENTY AND no/100------ Dollars 239_szn_n0 ) 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 OWNER, dated the 21 day of SEPTEMBER , 19 93 , for the construction of BID # 1536 - NORTH LAKES PHASE II - BALLFIELD LIGHTING 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, 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 acts of the 72nd Legislature, Regular Session, 1991, 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 - 1 PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way 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 30TH day of SEPTEMBER , 1993 . DEAN ELECTRIC, INC. DBA DEAN CONSTRUCTION Principal B Title President TITAN INDEMNITY COMPANY Surety R ECCA S. THACKER Title ATTORNEY-IN-FACT - cf Address: P.O. BOX 327 CEDAR HILL, TEXAS 75104 (SEAL) Address: SOUTHWEST ASSURANCE GROUP, INC. 9400 N. CENTRAL EXPWY., SUITE 1550 nAT.T.AS, TEXAS 7S231 (SEAL) The name and address of the Resident Agent of Surety is: SOUTHWEST ASSURANCE GROUP, INC. - STEVE 9400 N. CENTRAL EXPWY., SUITE 1550, DALLAS, TEXAS 75231 NOTE: Date of Bond must not be prior to date of Contract. AAA0184D PB - 2 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That DEAN E.T.FrTRT_INC_ (3ha DEAN CON9TRTTrTT0N of the City of CEDAR HILL County of DALLAS , and the State of TFYAC as principal, and TITAN INDEMNITY 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 , OWNER, in the penal sum of TWENT7[ AND no/1R-2-39 TWO HUNDRED THIRTY NINE THOUSAND FIVE HUNDRED Dollars l .520.00 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 owner, dated the 21 day of SEPTEMBER 1993 . BID # 1536 - NORTH LAKES PHASE II - BALLFIELD LIGHTING 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 72nd Legislature, Regular . Session, 1991, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB - 3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway 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 30TH day of SEPTEMBER 1993 DEAN ELECTRIC, INC. DBA DEAN CONSTRUCTION Principal By ~ i- Title President Address: P.O. BOX 327 CEDAR HILL, TEXAS 75104 TITAN INDEMNITY COMPANY _ Surety BECCA S. THACKE Ti le ATTORNEY-IN-FACT Address: SOUTHWEST ASSURANCE GROUP, INC. 9400 N. CENTRAL EXPWY., SUITE 1550 DALLAS, TEXAS 75231 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: SOUTHWEST ASSURANCE GROUP, INC. - STEVE RICKENBACHER 9400 N. CENTRAL EXPWY., SUITE 1550, DALLAS, TEXAS 75231 AAA0184D PB - 4 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That DEAN ELECTRIC INC DEAN CONSTRUCTION as Principal, and TITAN INDEMNITY 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 TWENTY THREE THOUSAND NINE HUNDRED FIFTY TWO AND Dollars 23.952.00 ten (10%) percent of the total amount of the 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, said DEAN ELECTRIC INC. rihw nFAm rnmcmwnrmmm has this day entered into a written contract with the said City of Denton to build and construct BID # 1536 - NORTH LAKES PHASE II - BALLFIELD LIGHTING 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 incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and; WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in MB - 1 accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing 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. IN WITNESS WHEREOF, the said DEAN ELECTRIC. INC. DEAN CONSTRUCTION as Contractor and Principal, has caused these presents to be executed by TITAN INDEMNITY COMPANY and the said TITAN INDEMNITY COMPANY as surety, has caused these presents to be executed by its Attorney-in-Fact REBECCA S. THACKER and the said Attorney-in-Fact has hereunto set his hand this 30TH day of SEPTEMBER , 1993 PRINCIPAL: IBY . I .,4M REBECC S. THACKER DEAN ELECTRIC, INC. DBA DEAN CONSTRUCTION AAA0184D MB - 2 100882 TITAN INDEMNITY COMPANY San Antonio, Texas GENERAL POWER OF ATTORNEY CONTRACT AMT: 239,500.00 BOND AMT: 239, 500.00 BOND No.: 100882 Know all men by these Presents, that TITAN INDEMNITY COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint Steve Rickenbacher, David C. Oxford, Rebecca S. Thacker, Jerry A. Kiker, Charles K. Miller its true and lawful Attorney-In-Fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, bonds, undertakings, contracts of suretyship, and other documents of a similar character issued in the course of its business, and to bind the Company thereby, provided that no bond or undertaking or contract of suretyship executed under their authority shall exceed in the amount the sum of Two Million and 00/100 Dollars ($2,000,000) This Power of Attorney is granted and is signed and sealed by the a uthority of the fol lowing Resolution adopted by the Board of Directors of TITAN INDEMNITY COMPANY on the 18th day of November, 1991. Resolved: That Mark E. Watson. Jr., President. Linda P. Kenny, Secretary. Michael J. eodayle, Treasurer and Gene Halt, Vice President of Surety Operations, or any of them, shall have the power to appoint Attorneys-In-Fact as the business of the Corporation may require or to authorize any persons to execute on behalf of the Corporation any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds and release and assignment djudgments,decrees, mortgagesand instruments in the nature of mortgages and also all other instruments and documents which the business of the Corporation may require and to affix the seal of the Corporation thereto. Resolved Further: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. In Witness Whereof, TITAN INDEMNITY COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by its Secretary this 18th day of November, 1991. Attest: Linda P. Kenny, Secretary The State of Texas County of Bexar TITAN INDEMNITY COMPANY By: Gene Holt, Vice President On this 18th day of November, 1991 before me personally came Gene Halt, to me known, who being by me duly sworn, did depose and say that he is the Vice President of TITAN INDEMNITY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. Jill Bumgardner, Notary Public Certificate I, the undersigned, the Treasurer of TITAN INDEMNITY COMPANY, a Texas Corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed in the City of San Antonio, in the State of Texas. Dated the 30TH day of SEPTEMBER 19 93 - Michael J. Bodayle, Treasurer TIC-GPOA 2MM CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorse-ments as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • 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 • Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its AFF006BA REVISED 09102193 Insurance Requirements Page 2 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. • All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage. • 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. • 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. AFF006BA REVISED 08102/93 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [>v A. General Liability Insurance: General Liability insurance with combined single limits of not less than i.ooo.oooshall 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 coverages. • 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. AFF006BA REVISED 08/02/93 Insurance Requirements Page 4 [xl Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than sno_nnn 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 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 Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. AFF006RA REVISED 08102193 Insurance Requirements Page 5 [ ] 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 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. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. AFF006RA REVISED 08/02193 CERTIFICATE OF INSURANCE CITY OF DENTON F Name and Address of Agency: City of Denton Reference: SOUTRWEST ASSURANCE GROUP, INC. Project Name: NORTH LAKES PHASE II-BALLFIHLO 9400 N. CENTRAL ESPWY., STE. 1550 Project No.: LIGHTING Bid 8 2536 DALLAS, TS 75237 Phone 214-691-5721 Project Location: City of Denton Managing Dept: Name and Address of Insured: DEAN ELECTRIC, INC.. DRA DEAN CONSTRUCTION Companies Affording Coverage: P. O. Box 327 A MTrwrr_AU arrIMAL ruc_ M_ CEDAR HILL, TX 75104 Phone 214-291-7153 B ANERISURE INS. CO. C This is to certify that: 1) Policies of insurance listed below have been issued and are in force at this time. 2) The City of Denton is listed as an additional insured as to all applicable coverage. Company Expiration Limits of Liability Letter Type of Insurance Policy Number Date In Thousands (000) Comprehensive General Liability Occurrence A - Occurrence - Claims Made lase p4-Pepe CI-4) P1074168 3131194 Bodily Injury Property Damage $ 5 CNRTIPICATE HOLDER IS ADDITIONAL NSURED Broad Form to Include: Bodily Injury and Property - Premises/Operations Damage Combined $1,000 - Independent Contractors - Products/Completed Operations - Personal Injury - Contractual Liability (see N3-Pape CI-4) - Explosion and Collapse Hazard - Underground Hazard - Liquor Liability Coverage - Fire Legal Liability (see #S-Page CI-4) . Broad Form Property Damage w--------- Professional Errors/Omissions - occurrence • claims made (see A4-Page CI-4) Comprehensive Automobile Liability Bodily Injury/Person $ B - Owned/Leased Automobiles - Non-owned Automobiles cA1110265 3131194 Bodily Injury/Accident Property Damage - $ $ - Hired Automobiles CERTIPICATE HOLDER IS ADDITIONAL INSURED Bodily Injury/Property Damage Combined $1,000 - Workers' Compensation and Employers' Liability Statutory Amount A WC0783741 3131/94 8 500/500 00 WAIVER OF SUBROGATION IN FAVOR CERTIPICA .HOLDER each accident - Owners' Protective Liability $ Otherlnsurance Description of Operations/LocationaNehicles. Each oolicv shall reouire thirty (301 days notice of cancellation. non-renewal. or material change in coversoe. (See p2. Pace CI-4). Name and CITY OF DENTON, TEXAS PURCHASING AGENT 901-B TEXAS STREET DENTON,TEXAS 76201 91,d0193 DATE IS i AUTHORIZED P ESENTATIVE SEE DEFINITIONS PAGE CI-4 ATTACHED AAA0076F CI- 5 SECTION 00300 - PROPOSAL FORM 00300.1 TIME: 2:00 P.M. 00300.2 DATE: September 2, 1993 00300.3 TO: Purchasing Agent City of Denton 901 B. Texas Street Denton, Texas 76201 Gentlemen: 00300.4 STIPULATED SUM The undersigned having examined the Contract Documents entitled: North Lakes Park, Complex Lighting, Bid #1536 City of Denton . and having visited the site of the proposed construction, and having familiarized himself with the local conditions affecting the cost of the work, and with all addenda to the said documents, hereby proposes to furnish all supervision, labor, materials, equipment, tools, and accessories and to do all work in accordance with said documents and addenda thereto for the stipulated sum of: Two Hundred Thirty-Nine Thousand Five Hundred Twenty Dollars 239, 520.00 ) Base bid Bid for Qualite Sports Lighting w/steel poles. Note: Amounts shall be shown in both words and figures. In case of discrepancies, the amount in words shall govern. ADDENDA: This will acknowledge receipt of the following addenda which are part of the Bidding Documents: Addendum No. 1 Addendum No. 3 Addendum No. 2 Addendum No. 00300- 1 The undersigned bidder hereby declares that he has visited the site of the work and has carefully examined the Contract Documents pertaining to the work covered by the above bid, and he further agrees to commence work within ten (10) days after date of written notice to do so and to substantially complete the work on which he has bid within 100 consecutive calendar days subject to such extensions of time allowed by specifications. The undersigned bidder agrees that his bid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids. The undersigned bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. BID GUARANTY: Enclosed with this Bid is a Certified Check for: DOLLARS or a Bid Bond In the sum of DOLLARS 5 % GAB which It is agreed shall be collected and retained by the Owner as liquidated damages in the event this Bid is accepted by the Owner within 60 days after the bids are received and the undersigned fails to execute the Contract and the required Bonds with the said Owner within ten (10) days after the date said Bid is accepted; otherwise said check or bond shall be returned to the undersigned upon demand. Dean Electric, Inc. dba Dean Construction-_ ContractVfirm name By P.O.Box 327 (701 Hall St.) *Seal Address Cedar Hill, Texas 75104 City, State, Zip Code (214) 291-7153 Phone *If Bidder is a Corporation 00300 - 2 DEAN ELECTRIC INC. 701 HALL ST. P.O. BOX 327 CEDAR HILL, TX 75104 (214) 291-7153 September 2, 1993 City of Denton 901 B Texas Street Denton, Texas 76201 Re: North Lakes Park, Complex Lighting, Bid #1536 Exhibit "A", per plans and specifications Notes: Bid #2 - Sherman, concrete poles w/Musco fixtures $244,100.00 Bid #3 - Musco Sports structure $257,250.00 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 21 day of SEPTEMBER A.D., 199_, by and between CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and JAGOE PUBLIC CO., P.O. BOX 250, 3020 FT WORTH DR., DENTON, TEXAS 76202 of the City of DENTON , County of DENTON and State of TEXAS , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1545 - REPLACE MISCELLANEOUS WATERLINE. 92' in the amount of 346.141.00. and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes CA - 1 all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ENGINEERING AND TRANSPORTATION DEPARTMENT all of which are made a part he and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: (SEAL) ATTEST: (SEAL) CA - 3 t PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC CO. , of the City of „FmTnw County of DENTON , and State of TaxA.-; as PRINCIPAL, and SEABOARD SURETY COMPANY as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON as OWNER, in the penal sum of THREE HDNDRED FORTY six THousAND ONE HUNDRED FORTY ONE and no/100------- Dollars 346.i4i_nn ) 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 OWNER, dated the 21 day of SEPTEMBER 199,;, for the construction of BID # 1545 - REPLACE MISCEIZANEOUS WATERLINE 92' in the amount of $346,141.00 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, 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 acts of the 72nd Legislature, Regular Session, 1991, 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 - 1 PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way 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 October 19 93. SEABOARD SURETY COMPANY Surety LWnal2b Rosemary Weaver Title Attorney-in-Fact Address: P. 0. Box 250 Address: Burnt Mills Road & Route 206 Denton, Texas 76202 Bedminster, New Jersey 07921 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Willis Corroon Corporation of Texas/Dallas Division 5420 LBJ Freeway, Suite 1400, Dallas, Texas 75240-2652 NOTE: Date of Bond must not be prior to date of Contract. PB - 2 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC CO. of the City of DENTON County of DENTON , and the State of TPXAR as principal, and 4FAgoARn migF.Ty compamy 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 , OWNER, in the penal sum of FORTY ONE and nQ/100-- THREE HUNDRED FORTY SIX THOUSAND ONE HUNDRED Dollars tip 346.141.00 ) 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 Owner, dated the 21 day of SEPTEMBER 19 93 BID # 1545 - REPLACE MISCELLANEOUS WATERLINE 92' to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the 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 72nd Legislature, Regular Session, 1991, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB - 3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way 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 October 1993 Title 1z Address: P. o. Box 250 Denton, Texas 76202 (SEAL) SEABOARD SURETY COMPANY Surety D4 RLdIPA.~P DdD9q- Rosemary weaver Title Attorney-in-Fact Address: Burnt Mills Rd. & Route 206 Bedminster, New Jersey 07921 (SEAL) The name and address of the Resident Agent of Surety is: Willis Corroon Corporation of Texas/Dallas Division 5420 LBJ Freeway, Suite 1400, Dallas, Texas 75240-2652 PB - 4 MAINTENANCE BOND THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That JAGOE PUBLIC CO. as Principal, and SEABOARD SURETY 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 THTgTV FOUR THOUSAND SIX HUNDRED FOURTEEN and 10/100 Dollars 34,614.10 ten (10$) percent of the total amount of the 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, said JAGOE PUBLIC CO. has this day entered into a written contract with the said City of Denton to build and construct BID # 1545 - REPLACE MISCELLANEOUS WATERLINES 92' 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 incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and; WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in MB - 1 accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing 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. IN WITNESS WHEREOF, the said JAGOE-PUBLIC COMPANY as Contractor and Principal, has caused these presents to be executed by and the said SEABOARD SURETY COMPANY as surety, has caused these presents to be executed by its Attorney-in-Fact Rosemary Weaver and the said Attorney-in-Fact has hereunto set his hand this 5th day of October , 19 93 SURETY: SEABOARD SURETY COMPANY BY: D Rosemary Weaver Attorney-in-Fact PRINCIPAL: JAGO PUB COMPA MB - 2 For verification of the authenticity of this Power of Attorney you may call, collect, 908-858-3500 and ask for the Power of Attorney clerk. Please refer to the Powei IMPORTANT NOTICE TO OBTAIN INFORMATION OR MA10: A COMPLAINT: YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS AT: 1-800-252-3439 YOU NAY WRITE THE TEm DEPARTMENT OF INSURANCE: P. 0. Box 149104 AUSTIN, TX 78714-9104 FAx #(512) 475-1771 PREMIUM OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY: THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CBI I DOES NOT AMEND, EXTEND OR ALTER THE CCVERAOE.APPORDI RanLay A King Insurom POLICIES BELOW. . . . . 181 B. Lseuat ! . . Sala TQT COMPANIES AFFORDING COVERAGE Denton TX 71101• COMPANY A BIWRLInoua CasaaRCo LETTER Y tP L _ . .....j COMPANY B Teams Work Comp bN. Fund ~ . MIDI : RED i Japoa•Publlo Company Ins . i LIMR OMPANY C BIII CheNL I P 0 Boa 250 i COMPANY D Denton TIC 7e201 Lam! . . . ' COMPANY E ~ LLiTrER KIWAMPAMR, a. INS IV TO CERTIFY THAT THE POUOIE8 OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE rOR THE POLICY PESO INOIOATED, 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 18 SUBJECT TO ALL THE TERMS, EICLUSIOM AND CONDITIONS OF SUCH POLICIES. OMITS SHOWN MAY HAVE BEEN REDUCED BY PA,,,,,,,,,,,,,,,,,,,,,r,,.,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,.,,,,;,,,,,,,,,,, IDCLAIMS, - . . . . . . 'o ; TYPO of 04101NOa POLICY NUMBER .TR: y POLICY LIFID M jPOLICY 1XPIRATION Lym GATE (MMObMYA 1 OAfl(MMNOA'YT . seaERAL LMaum CLP211700 10/01/BS 10l011Be OBNBUL AOORBOAiE ~i A : X i OCMMENIA, OSN®W. LIASILOY PRODUCT04OMPO AGO. u [.tNMM . ..I MADE X ! OCCUR. ! . B ADM, GLAlIIY 1 plooW. ~ A ! OWNERS NETTS A CON MA"'A PROT. CACNIOCOUFFMCS / ' I i FIRE OAIIAOE Wry w M e ll . . . . . MeD. eXPEnse NM aie Poison) 480......,., A ONONLa LlASUIrv 11 iD10 1...............: 10!01114 COM&NOO eINOLe - e........ X ANY AUTO UM!T ' . ; i ALL OMNED AUTOS I ; BODLLY INJURY ! . SCHEDULED AUTOS 1e !(Pot par=) . HriED AUTOS > ; ; BOD Y IAA NON•OYMCO AUT06 . IL (Pei . . ` OAWI UABLLITY I+ FROG N s A , aEeaE wauJn cuanauta ioieii.......... r. ILAOH oaauLwafla e TaloT/ee ea X : UMARELLL POM AsOREwn IDE A O1HBr THA! uMelmrA PpIM ! „ . ' ...~.ffi"~' i`weaaICl'a OoMPENaAT10N . r...,...L.BTA.....I S AND T'8111041E4' t010U19 1o1O119e i,EAaNAODIDBNT...,.,. . i OB6KE • POLICr LIAR 1 EMPLOYERM WBR7IY I~ GI9M-•••6Af•.,NINAILOM ! OTHER I J...........,........................... .............,...I..,............ .........t.............. oncRDIICa OP o.' pew,m'km, 1IO11NVWIOLawomiAL mm Additional Insured City Of Denton Ref: Bid a 150 Repkfeslnem of mim water line IS loom 9.: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE s EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 30 .i' MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED M THE CRY Of Denton 901111 Tons Sufism LEPT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO ODUSA71ON OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AOENTR OR REPRESENTATIVES. Denton *6201 AUTN A J:NrY.a{a G AI&M CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorse-ments as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • 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 • Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its AFF006BA REVISED 08/02/93 Insurance Requirements Page 2 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. • All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage. • 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. • 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. AFF006BA REVISED 09102/93 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [xJ A. General Liability Insurance: General Liability insurance with combined single limits of not less than _ ,;nn nnn 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 coverages. • 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: o Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. AFF006BA REVISED 09102193 Insurance Requirements Page 4 [,j Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than 5oo.ooo 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 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. Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. AFF006BA REVISED 08/02/93 Insurance Requirements Page 5 [ ] 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 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. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. AFF006RA REVISED 08/02/93 BID # 1545 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF REPLACE MISCELLANEOUS WATERLINES 1992 IN 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 any other 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 to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the 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 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. It is 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: P - 2 Replace Misc. Waterlines 1992 BID TABULATION SHEET WORK DAYS 55 BID No. 1545 PO NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 2.12-A 6" Waterline 3,500 LF $ I g4Q01LF / $ //SOD / 1~ 2.12-B 8" Waterline 2,825 LF $ r/ /~O/LF $ 5 n3ff Q SP-41 Asphalt Saw Cut 8,905 LF $ 10_Q /LF $ $.9©S 2.16-A Water Service (R.O.W.) 73 EA $ fiOOa/EA $ 2.16-B Water Service (Private Property) 1,700 LF $ gVQILF $ 1.0'300 2.13.1-A 6" Gate Valve 5 7 EA $ /jMp0/EA $ z Q O 2.13.1-B 8" Gate Valve k 3 EA $ 5-&1V0-o1EA $ ~ 2.14 Fire Hydrant- I '0 9 EA $ //JOO1-916EA $ I3,-!5~eQ 2.13.2 2" Blowoff Valve Installation 2 EA $ Cdr) /EA $ ~DD~ 3-A Remove Concrete Pavement 10 SY $ ~E,O/SY $ YQ eq 5.8 6" Concrete Pavement 10 SY $ /SY $ SP-2 Concrete Saw Cut 36 LF $ ZIDOILF $ SP-40 Cut and Plug Existing Waterline 17 EA $ ~6Q00/EA $ S/Q~~ 6.4 16" Bore 9 Pressure Grout 35 LF $ 6Q'W/LF $ ?,/DDS SP-37 Excavation Protection 300 LF $ 2 U-/LF $ (pQ0 SP-39 Project Signs 2 EA $ 490, 7EA $ ~0D 3.1 Preparation of Right-of- Way - LS $ 3QQQ~~LS $,3 SP-10 Rock Excavation 50 CY $ /CY $ ~oU- 8.1 Barricades, Warning Signs, and Detours - LS $~pQQ0%LS $ 1.21 Contractors Warranties and Understandings - LS $ //,Q{IS94LS $//O(IgD 2.12.8 Cast Iron Fittings 1,350 LB $ d 6-9LB $ 9~ 7,90 Q OI Labor plus materials $ P - 3 WORK DAYS 55 BID NO. 1545 Replace Misc. Waterlines 1992 PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Other $ Total P - 4 Emerson 8" Waterline BID TABULATION SHEET WORK DAYS 25 BID NO. 1545 PO NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 2.12-A 6" Waterline 133 LF $ 19eO/LF $ ~75z7~ -I) 2.12-B 8" Waterline 2,771 LF $ 01 /0O/LF $ B0 2.16-A Water Service (R.O.W.) 45 EA $ ~d060 /EA $ ~Q 2.13.1-A 6" Gate Valve _ 3 EA $ 6,0/EA S ZED .2.13.1-B 8" Gate Valve 4 EA $ .660-60 /EA $ a - ~ 2.13.2 Blow Off Valve Installation 1 I EA $ 7Oy/EA , ~ $ ~~rG" 2.14 Fire Hydrant I - 5 EA $ 1,549 ~EA $ ,i SP-40 Cut and Plug Existing Waterline 6 EA $ 340060/EA S//BDDD SP-41 Asphalt Saw Cut 5,758 LF $ / Uf /LF $ SP-2 Concrete Saw Cut 10 LF $ /LF $ 000 SP-37 Excavation Protection 300 LF $ a 0-9./LF $ GD0 3.1 Preparation of Right-of- way LS $ z,00dQ-9ILS $ ;Zldoo 1 SP-10 Rock Excavation 50 CY $ /00 /CY $ 608 6 8.1 Barricades, Warning Signs and Detours LS $ 4000 B0/LS $ j~~OD D 1.21 Contractor's Warranties and Understandings LS $yr,38S~/LS $~3850~ 2.12.8 Cast Iron Fittings 625 LBS $ ~jCo /LB 60 $ ZS 0 3-C Remove Walks and Drives 11 SY $ gel /By $ 99 00 8.3-B Concrete Driveway 11 SY $ :To O% /SY $ Labor and Materials Incorporated into Project $ Other $ Total $ ~/3~(~9 d P - 5 BID SUMMARY TOTAL 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. Street Address ~ 2 Y, V, 77: -7 1 z 2- Ci y and State Seal & Authorization 2, (If a Corporation) , Telephone B - 1 BID SUMMARY Pro! ec Replace Miscellaneous Waterlines 92 Emerson 8" Waterline Total Bid Work Days $ oZ 33.a~Z° 55 $ //3,os CO 25 $d so It is intended to award both portions of this project to one contractor. The projects are being separated for accounting purposes only. B - 2