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1993-135ORDINANCE NO. 9~ 103 %zl_ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- petitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has receiv- ed and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or im- provements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the con- struction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as be- ing the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1520 WALTER C_ BARRETT $16,039.00 1522 JIM BOWMAN CONSTRUCTION CO. $16,900.00 SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Propos- als, and documents relating thereto specifying the terms, condi- tions, plans and specifications, standards, quantities and speci- fied sums contained therein. SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council here- by authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the /day of ,1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: S)6 z' C/ I APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: , DATE: August 3, 1993 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1520 - DEMOLITION AND CLEARING WORK RECOMMENDATION: Council approve award of Bid #1520 - Demolition and Clearing Work to Walter C. Barrett, Inc. in the amount of $16,039.00. (This amount excludes Items 5A - 5C). SUMMARY: One bid was received for the demolition and clearing work to be done at seven locations. The property owner of item 5 (1208 Johnson Street) has requested that any plans to demolish at this location be cancelled, leaving six properties with a net bid of $16,039.00. BACKGROUND: Tabulation Sheet, Memoranda from Community Development PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Community Development FISCAL IMPACT: Funds for this bid are available in account #219-057-CD77-8502 (Special Services) with a current balance of $17,032.00. R ct uljsu ted: Ll d V . Harrell City Manager Approved: ame: M Janie Harden Title: Buyer agenda.399 BID # 1520 BID NAME DEMOLITION & CLEARING WALTER C. BARRETT, INC. OPEN DATE JULY 13, 1993 QTY I DESCRIPTION 1. A B C 2. A B C 3. A B C D 4. A B C 5. A B C 6. A B C 7. A B C VENDOR 1 414 EAST MILL STREET REMOVE ALL STRUCTURES REMOVE ALL CONCRETE/FENCE GRADE LOT SMOOTH FOR MOWING 1 1220 MORSE STREET REMOVE ALL STRUCTURES REMOVE ALL CONCRETE/FENCE GRADE LOT SMOOTH FOR MOWING 1 600 BELL AVENUE ]REMOVE TWO STRUCTURES REMOVE ALL TRASH, DEBRIS, ETC REMOVE ALL CONCRETE GRADE LOT SMOOTH FOR MOWING 1 2432 WEST PRAIRIE STREET REMOVE STRUCTURE, TRASH,ETC REMOVE ALL CONCRETE FROM SITE GRADE LOT SMOOTH FOR MOWING 1 1208 JOHNSON STREET REMOVE STRUCTURE, TRASH, ETC REMOVE ALL CONCRETE FOR SITE IGRADE LOT SMOOTH FOR MOWING 1 501 NORTH CRAWFORD STREET REMOVE STRUCTURE, TRASH, ETC REMOVE ALL CONCRETE FROM SITE IGRADE LOT SMOOTH FOR MOWING 1 338 ROBERTSON STREET REMOVE STRUCTURE, TRASH, ETC REMOVE ALL CONCRETE FROM SITE GRADE LOT SMOOTH FOR MOWING TOTAL AMOUNT LESS ITEM #5 $2,437.00 $400.00 $50.00 $1,787.50 N/C $50.00 $3,015.00 N/C $150.00 $50.00 $2,050.00 $670.00 $50.00 $1,887.50 $500.00 $50.00 $1,450.00 $460.00 $50.00 $3,294.00 $25.00 $50.00 $18,476.50 -$2,437.50 $16,039.00 07-23-93PG4:01 0021 CITY of DENTON, TEXAS Community Development Office 105 Y- West Hickory Street Denton, Texas 76201-4115 (817) 383-7726 M E M O R A N D U M TO: FROM: DATE: SUBJECT: Tom Shaw, Purchasing Agent, Purchasing Department Nancy Baker, Housing Rehab Spec., Community Devip. Ofc. July 22, 1993 Deletion of Item #5 (1208 Johnson Street) from Bid #1520 Mr. David O. Nabors, property owner of the structure located at 1208 Johnson Street, called our office today and asked that his request for demolition of this property be cancelled. This structure is included in Bid #1520, Item #5. Please take the necessary steps to ensure Mr. Nabor's request is completed prior to the start of the demolition process by removing Item #5 from the demolition work to be done on Bid #1520. If you have any questions regarding this request or need additional information, please do not hesitate to call (ext # 7236). Thank you. Nancy Ba r cc: Mr. and Mrs. David O. Nabors 4622 Candlestick St. Garland, Texas 75043 "Dedicated to Quality Service" 07-15-93PG4=33 0621 CITY of DENTON, TEXAS M E M O R A N D U M TO: FROM: DATE: sua=: Community Development Office 105%2 West Hickory Street Denton, Texas 76201-4115 (817) 383-7726 Tom Shaw, Purchasing Agent Barbara Ross, Community Development Administrator July 14, 1993 Demolition Bid #21 The Community Development Office would like to accept the bid of Walter C. Barrett, Incorporated for demolition bid #21. The bid totaled $18,476.50 for seven structures. Please schedule the bid for council approval as soon as possible. Feel free to call me at ext. 7235 if you have any questions or need further information. Thank you. Barbara Ross "Dedicated to Quality Service" DATE: August 3, 1993 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1522 - CIVIC CENTER PARK/CITY HALL SIDEWALK RENOVATION RECOMMENDATION: We recommend this bid be awarded to the lowest bidder for alternate #2, Jim Bowman Construction Co. in the amount of $16,900.00. SUMMARY: This bid is for the renovation of the pedestrian walkways in and around the Civic Center Park and City Hall. The project involves approximately 5,100 square feet of existing brick sidewalks. The current installation has deteriorated badly and has become a major liability concern. The base bid was designed to replace the existing brick with new concrete pavers. Alternates for reusing the existing brick or using new brick pavers were also bid. The new concrete pavers appear to be the safest and lowest maintenance cost option, however, they are more expensive and do not offer the aesthetic value of the existing brick. Staff members and the contractor have made considerable effort to evaluate all options and based upon longevity, liability, maintenance, aesthetic and cost, we feel our best recommendation is to reuse the existing brick as specified in the bid alternate #2. The contractor has estimated that 15% to 20% new brick will be necessary, however, a representative from Acme Brick Company has indicated a close match in color and size is available. BACKGROUND: Tabulation Sheet, memoranda from Tom Shaw & Main Street Denton PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Parks and Recreation Department, Building Operations Department, Risk Manager and Citizens of Denton. FISCAL IMPACT: Funds for this project will come from Park and Recreation Bonds, Account number #445-020-SWLK-9224-9154. Approximately $25,000.00 was made available for this project. Res fully sub 't d: Llo V. Harrel City Manager Z Ap roved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent agenda.397 m O 0 z w U) V/w/^^ / wa a- tr '0 w v w z Q V/ z m0 LL z > M 0 W > z MLM LPL U w 0 0 0 `O Lf) 0 r 0 C7 0 67 h 06 0 0 0 co 0 0 0 co N a ~ j A 1_ J J Q U Z rn Q 0) Y Cl) V/ Q T T a J a W w U U 0 0 O 0 ,r 0 W N LO EA N It C14 a 4% 0 0 w T 0 0 0 0 qt 0 O 0 a ) 1 co <fl EA U) U) } } w w z a: O ^ z w 0 (1) cr W LU LL O U W a _ co > Q w w Q W UY LL co a 1C` U Y z w it U Fm O U z o U m o O ~-1 m m 0p mp Q U w W QO QO 0 U) ~ w Ir ? 0w 0w w O F- o< < F- c F- j a ° o ° a CO < a Q c n Q~ F- m w Q z m w IW I. L O i I z ~ ~ - T I- ~ n CITY of DENTON, TEXAS PURCHASING DIVISION / 901-B TEXAS STREET / DENTON, TEXAS 76201 TO: Lloyd Harrell, City Manager FROM: Tom D. Shaw, Purchasing Agent DATE: July 21, 1993 SUBJECT: SIDEWALK RENOVATION As a portion of the bid evaluation process, lengthy discussions have been held with Mr. Tom Davis, the contractor that will be renovating the Civic Center/City Hall walkways. We have discussed all of the options as bid (1) use new concrete pavers, (2) reuse old existing bricks (3) use new brick pavers. An additional option of placing the old bricks on top of a 4" concrete sidewalk to add stability and improve the surface was also considered. Mr. Davis feels that the 4" concrete base option is an unnecessary expense estimated to cost approximately $8,500.00 and could lead to more complicated maintenance problems without increasing benefits proportionally. He feels that the cement pavers, as specified in the base bid is the superior product for longevity, liability and maintenance. However, when aesthetics and cost are added to the evaluation process he concurs that accepting alternate #2, reuse of existing bricks, is the best option. He does however, offer some suggestions to improve the final product while remaining cost effective. 1. Substitute a 94 lb per 50 sq feet ratio for the 94 lb to 70 sq ft as specified for soil cement stabilization. This will create a substance similar in consistency to asphalt. 2. Substitute a sand and mortar mix for the sand only filler between brick as specified. This will reduce the possibility of cracks developing between brick as sand is washed away and bricks shift. 3. Create specific vehicle crossing areas reinforced with CTB (white rock and concrete) in place of the soil and concrete stabilization specified. The additional cost would be approximately $1,000.00 and provide an acceptable, maintainable, low liability surface for a 10-12 year time period depending upon weather extremes. In the opinion of the contractor the lay of the land lends itself to a shorter life expectancy than normal for any smooth surface walkway. In summary, if longevity, liability and maintenance are our only considerations we would recommend the base bid of new concrete pavers at $26,700.00 less the $4,255.00 deduct (if the City of Denton removes the old brick) for a total of $22,445.00. If the items to be considered are expanded to include aesthetics and cost in the evaluation, we would recommend the reusing of existing brick at a bid price of $16,900.00 plus the estimated $1,000.00 changes for a price of $17,900.00. 8171566-8311 D/FW METRO 267-0042 SIDEWALK RENOVATION JULY 21, 1993 PAGE 2 of 2 This recommendation appears to answer the concerns that have been raised about the five factors considered in the evaluation process. Max Blackburn, Risk Manager, Janet Simpson, Park Planner, Bruce Henington, Building Operations Superintendent and I fully concur with this recommendation. After review if you feel that a work session presentation is necessary please let me know. Otherwise we will proceed with our recommendation and prepare for Council action on August 3, 1993. 1574.doc 07-14-93P03:03 0021 CITY of DENTON, TEXAS 215E. McKINNEY / DENTON, TEXAS 762011 TELEPHONE (817) 566-8200 M E M O R A N D U M July 13, 1993 TO: Tom Shaw, Director of Purchasing FROM: Jane Biles, Main Street Denton Cecile Carson, Keep Denton Beautiful THROUGH: Frank Robbins, Planning Department Directo RE: Repair of Walkways at Civic Center Park Tom, would you please include the following recommendation to City Council in your staff report regarding the repair of the walkways at Civic Center Park: The Historic Landmark Commission, the Keep Denton Beautiful Board, and the O'Neil Ford Civic Complex Dedication Task Force have all voted unanimously to urge the City Council to consider, in keeping with the original site plan and to maintain consistency of material, using the existing brick to repair the Civic Center Park walkways. Minutes of the Landmark Commission and Keep Denton Beautiful Board will be forwarded to you for inclusion in the back-up. No minutes were taken at the O'Neil Ford Civic Complex Dedication Task Force meeting, but I have attached a meeting date, time and list of members present. Please call either of us if you have any questions. a e Biles in Street enton Cecile Carson Keep Denton Beautiful CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 3 day of AUGUST A.D., 19_9, by and between (`TTV nF nymTnx of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed "OWNER,' and WALTER ARRETT_ IN C- 07 N_ TYLV.R T_. DALLAS. TEXAS 75208 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 # 1520 - D .MO .TTTON C .F.ARTNC WORK i n the amnnnt of Sl Ej 0'~4 _ nn and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and CA-1 0114s other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON CDBG DEPARTMENT i , 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 0114s IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ATTEST: WALTER C. BARRETT- TNC_ CONTTRnRA//CTOOR CC~~ By v// ~S Title (SEAL) CA-3 0114s (SEAL) 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 Revised 02/05/93 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 l~ 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. e-- 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. Revised 02/05/93 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 loneer; if so noted: [X) A. General Liability Insurance: General Liability insurance with combined single limits of not less than $500.000.00 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 000i 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. [X) Automobile Liability Insurance: Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than _ $500.000.00 per occurrence either in a single policy or in a combination of underlying and umbrella or excess policies. Revised 02/05/93 Insurance Requirements Page 4 The policy will include bodily injury and property damage liability arising out of the operation and maintenance of all automobiles and mobile equipment used in conjunction with this contract including owned, scheduled, hired, and non-owned vehicles and employee non-owned use. Scheduled automobiles will be listed in the Description or Remarks section of the Certificate of Insurance. (ISO Form CA 0001 Current Edition) [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. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad provided or is unavailable contractor leases or rents a Limits of not less than required. form General Liability is not to the contractor or if a portion of a City building. each occurrence are Revised 02/05/93 Insurance Requirements Page 5 [ ] 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. AFFOOOED Revised 02/05/93 BID NUMBER 1520 City of Denton, Texas Purchasing Department BID PROPOSALS 901.8 Texas St. Denton, Texas 70201 Page 2 of 3 ITEM DESCRIPTION OUAN. PRICE AMOUN 1. DEMOLITION & CLEARING WORK SPECIFICATIONS DEMOLITION #21 414 EAST KILL STREET A. Remove all structures, trash, debris, shrubs & brush.. B. Remove all concrete and fence from site 2,437.00 $ 400.00 2,437. $ 400. C. Grade lot smooth for mowing $ 50.00 $ 50. 2. 1220 MORSE STREET A. Remove all structures, trash, debris, shrubs & brush.. B. Remove all concrete and fence from site $ 1,787.50 $ NC $1,787. $ NC C. Grade lot smooth for mowing $ 50.00 $ 50. 3. 600 BELL AVENUE A. Remove two structures behind main (front) house on lot $ 3,015.00 5. $36 1 B. Remove all trash, debris, shrubs, dead trees & brush.. $ NC $ NC C. Remove all concrete and any appliances from site...... $ 150.00 $ 150. D. Grade lot smooth for mowing $ 50.00 $ 50.1 4. 2432 WEST PRAIRIE STREET A. Remove structure, trash, shrubs, bushes and debris.... $2,050. 0 1 $2,050. B. Remove all concrete from site $ 670.00 $ 670.1 C. Grade lot smooth for mowing $ 50.00 $ 50.( --$---Reme••«- -moo --C- Grade lot mooth f NOTE ITEM 5 DELETED TOTALS 13,147.50 13 147. We quote the above f.o.b. delivered to Denton, Texas. Shipment can be made in 30 days from receipt of order. Terms net/30 unless otherwise indicated. In submitting the above bid, the vendor agrees that acceptance of any or all bid items by the City of Denton, Texas within a reasonable period of time constitues a contract. The completed Sid'Proposal must be properly priced, signed and returned. 907 N. Tyler St. Mailing Address Dallas, Tx. 75208 City Zip Wa C. Barrett Inc. Bidder / Signature 214-948-6383 Secretary Tllle BID NUMBER 1520 901.9 Texas St; Denton, Texas 76201 BID PROPOSALS City of Denton, Texas Purchasing Department Page 3 of ITEM DESCRIPTION OUAN. PRICE AMOUN 6. 501 NORTH CRAWFORD STREET A. Remove structure, trash, shrubs, bushes & debris.... $ 1,450.00 $1,450. B. Remove all concrete from site $ 460.00 $ 460. C. Grade lot smooth for mowing $ SO n0 $ 50. 7. 338 ROBERTSON STREET A. Remove structure, trash, fence, shrubs, bushes & debris on lot $ 3,294.00 $ 3,294. B. Remove all concrete from site $ 25.00 $---Z5, C. Grade lot smooth for mowing . $ 50.00 $ 50. NOTICE: Special Attention is directed to Insurance RequLrements. City of Denton requires strict compliance without exception. TOTALS 5,329.00 5,329. We quote the above f.o.b. delivered to Denton, Texas. Shipment can be made in 30 days from receipt of order. Terms net/30 unless otherwise indicated. In submitting the above bid, the vendor agrees that acceptance of any or all bid Items by the City of Denton, Texas within a reasonable period of time constitues a contract. The completed Sid Proposal must be properly priced, signed and returned. 907 N. Tyler St. Melling Address Dallas, Tx. 75208 City State 7Jp 214-948-6383 Bidder Signature Secretary 08/28/93 09:14 $214 714 5349 _ WIC DALLAS 0001/001 CERTIFICATE OF INSURANCE Wausau Insurance Companies 7hUNessmtynhatmeNaunmespalassldeaarlbed balowbyspollcy numban wrlttenonfomleln Ueabyneeom(mny hewbeen issued. Thlscermaratels naepolbycr■binderof insurenfw end does not In any way able. amend at eatend the rxwaratio offardad by any Policy ref0rmd to heroin. Name and Meiling Address of Insured . WALTER C BARRETT INC 907 N TYLER DALLAS T% 75208 0907/ 1 Producer No.; Dallas Issuing Office: 8-26-93 Date: DAL Region: Type al Insurance U13. Policy Number MIGY Duane" rmlcy exiaaaan Oats fMO/DA(YR) nets 14010AN4 Women cemossutim 2 1614-00-604461 6-23-93 6-23-94 commercial came I LIam1Ity ILC_ Commercial Pace, of Trademark (Section II only) ( ) Olydms Made ( ) Occurrence owners a Cantrectom Auto Liability ( ) AN Owned Auea ( ) SpeaNbd Autas Only ( )Hind Autaa umbrollb Llahllib Bodily Injury Property Damage ,000 disease - limit BPaNal PMWOrA/LOMMMNpwMW Awoe #500,000 Been acc I *500,000 41mease - seen etnp oyee IF THE POLICY DESCRIBr-J1 IS CANCELED DURING ITS TERM GLENN-MADDEN & ASSOCIATES INC BY THE COMPANY, THE COMPANI WILL MAIL 30 DAYS NOTICE 9330 LBJ FWY STE 1470 OF CANCELLATION BEFORE THE EFFECTIVE DATE OF SUCH DALLAS T% 75243 CANCELLATION TO THE PARTY ISSUED THE CERTIFICATE. B• Std 1520 Demolition & Clearing No=1(n i, any requirement, term ordondition of any comma brathsrdoaumentwilh mepedttawhkh this oanllkeb may be issued w may partain, theiiNnaneeatferded by oollaeet desedbad above In 9ublea to all of the tonne exclusions and con 1 one oil PaLripollaleaLdurbia the tamest therool. ' The entry of a number In this column Means that the coverage is afforded by the company designed by tie same number Issued to: TOM SHAW PURCHASING DEPT THE CITY OF DENTON 901 B TEXAS ST DENTON TX 76201 'Issuing Company No. 0E. EMPLOYERS INSURANCE Of WAUSAU A Mntml Company OS. WAUSAU UNDERWRITERS INSURANCE COMPANY 07. WAUSAU GENERAL INSURANCE COMPANY 01. WAUSAU LLOYDS IL WAUSAU BUSINESS INSURANCE COMPANY 10. NO COUNTY MUTUAL INSURANCE COMPANY Signed f' AmnwltadfisPN nWlw let (9)80,424 al 1r. PA 193 09115 214 714 5349 PRGE.001 1993-08-25 17:57 214 669 8598 GLEN*MADDEN & ASSOCIATES INS. 036 P01 E: R -f S F° . C Va 'lT' E a f^ J.:: ~a ; V R fa 1`4 rc: EK DATE: 08/25/93 - - PRDOICER THIS CERTIFICATE IS ISSAD AS A MATTER OF INFUN71ON ONLY AM CONFERS NO RIGHT UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AVBND, Glenn - Madden & AASOCL tes EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Insurance Agwy. Inc. - 9330 UW Fnry. 11470 COMPANIES AFFORDTtG COVERAGE Dallas, TX 75243 (214) 669-8580 MMPATY A Mid-American Indemnity Co. LETTER - •~T- COMPANY B First National Insurance Co. INSLREO LEITER Walter C. Barrett Inc. COMPANY C 907 N. Tyler LETTER Dallas. TX 75298 - - COMPANY D LETTER COMPANY E LETTER LTIVERAGE3 ==e"raaso eww..rw.wn•- oaarwm+ i-__` THIS IS TO CERTIFY THAT POLICIES OF IN9LRANDE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IMICATEO. NTWITHSTAEDINT ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER =MW WITH RESPECT TO 411CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SLEUECT TO ALL THE TER17S, EXCLUSIONS, 40 CONDITIONS OF SUCH POLICIES. CO POLICY POLICY LIABILITY LIMITS IN 1000'5 LTR TYPE OF INW MICE POLICY LAMER EFFECTIVE DATE EXPIRATION DATE EACH OMURR. AGMEGATE SEVERAL LIABILITY BODILY A COMPREHEVSIYE FORM MGL 5571-R1 06121/93 05/21194 INJURY $ $ PREMISESJJOPERATIONS Manufacturers Contractors ERIiROIN) EXPLOSION & K Form with Caspleted Ops. PROPERTY COLLAPSE HAZARD $ DAW $ IXl PRODUCTS/COMP. OPERATIONS [Xj COKWTUAL BI & pD [ J INDEPENDENT COI RACTdIS COp6INED $ 1000 $ 1000 BROAD FORM PROPERTY DAMAGE _ ( ] PERMAL INJURY [ - PERSONAL INJURE $ - - - - - AUTOMOBILE LIABILITY - - - BOO 1NT. B BA 87630434 05/Z1/93 05/21/94 (PERSON) $ ANY AUTO ALL MED AUTOS(FRIV. PASS) BOD INT. ALL OWNED AJTOS(OTHER THAN) ACCIDENT $ (PRIV. PASS) w^- HIRED A1fOS PROPERTY NON-OWNED AUTOS DAMAGE $ GAW LIABILITY - BI & PD OMSINED $ 1000 EDICESS LIABILITY UMBRELLA FORM BI & PD OTHER THAN UMBRELLA COMBINED $ $ STATUTORY WORKERS' COMPENSATION To Follow From Wausau EACH A.CCIIINT D EMPLOYERS'UABIUTY ISEASE-POLICY I$ ( S (OTSFASE-EA EMP S - OTHER OESCRIPTIOI OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Bid No. 1520 Demolition & Clearing Includes Additional Insured and 30 Day NOC to The City of Denton CERTIFICATE FOLDER - ' CANCELLATION =-~~®--~••s--- -~uc= "JUD ANY OF THE ABOVE DEVISED POLICIES BE WELLED BEFORE THE EX- PIRATICN DATE THEREOF, THE ISSUING COMPANY WILL EMEAVOR TO MAIL The City of Denton 30 DAYS hRITTTN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 9010. Texas Street LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL TIME NO OBLIGATION OR Denton, Texas 76201 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Attn: Than Shaw Purchasing Department A AUTHORIZED RE TIV ...✓A i - RUG 25 '93 17:57 214 669 8598 PAC2E.001 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 3 day of aocvsT 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 JIM BOWMAN CONSTRUCTION INC_. 70209 PT.ANn ROAD SUITE 101 DAr•i•nc_ maxac 7S21R of the City of DALLAS , County of nAT.T.ac 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: Tarn k 1522 - GIVr EN x TtTC/ rmv ar.r. crnawAi.TC umaDVamrnm rhP of $16,900.00. and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreements 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 Biddera, and the Performance and Payment Bonds, all attached hereto, and in accordance with the planar which includes all maps, plats, blueprints, and CA-1 0114s AUG 61993 other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by PARRS AND RECREATION DEPARTMENT , , 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 0114s IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: CITY OF MN OWNER By (SEAL) ATTEST: JIM BOWMAN CONSTRUCTION INC. CONTR C R By T 77- (SEAL) CA-3 0114s PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That JIM BOWMAN CONSTRUCTION INC. , of the City of DALLAS County of DALLAS , and State of 9'PXAR as PRINCIPAL, and THE GLENS FALLS INSURANCE 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 nF DENTDN as OWNER, in the penal sum of SIXTEEN THOUSAND NINE HUNDRED AND no/Too---------- Dollars 3 16,900.00 ) 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 _3 day of ADCDST , 19_9.a_, for the construction of BID # 1522 - CIVIC CENTER PARK/CITY HALL SIDEWALK RENOVATION in the amount of $16,900.00 which contract is hereby referred to and made a dpart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-1 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 thisi bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in DsNTON 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 anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 16th day of August , 193 JIM BOWMAN CONSTRUCTION COMPANY INC. Principal By C Jim owman Title /e-eS Address 10209 Plano Road, Suite 101 INSURANCE COMPANY I Linda O'Nale Title Attorney Address 600 N. Pearl St., 14th Floor Dallas. Texas 75201 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Jerry P. Rose - Willis Corroon Corporation of Texas 5420 L.B.J. Freeway, Suite 1400 - Dallas, Texas 75240-2652 NUPE: Date of Bond must not be prior to date of Contract. PB-2 0091b The Glens Falls Insurance Company 180 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY Know all men by these Presents, That THE GLENS FALLS INSURANCE COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint Jerry P. Rose or I.irlda O'Nale or Robert L. Stoeck of Dallas, Texas its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Unlimited Dollars. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adoptedby the Board of Directors of the Company on the 1st day of November, 1977: "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice President of the Company, be, and that each or anyof them hereby is, authorized toexecute Powers of Anorneyqualifying the attorney named in thegiven Powerof Anomeytoexecute in behalf of the Company, bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to anach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof, THE GLENS FALLS INSURANCE 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 one of its Assistant Vice Presidents this 1st day of May, 1985. Attest: Robert W. Adler, Sr., Assistant Vice President THE GLENS FALLS INSURANCE COMPANY By Miclucl I. Beennaert, Vice President STATE OF NEW YORK COUNTY OF NEW YORK On this 1st day of May, 1985, before me personally came Michael J. Beernaert, to me known, who being by me duly sworn, did depose and say that he is a Vice President of the THE GLENS FALLS INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. 4 euaLK: aETHEL TARANTO NOTARY PUBLIC, State of New York No. 2446!.3117 Qual. in Kings County CERTIFICATE Commission Expires March 30, 1986 I, the undersigned, an Assistant Vice President of the THE GLENS FALLS INSURANCE COMPANY, a Delaware corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of New York, in the State of New York. Dated the 16th day of August 19 93 ~J.Meane, Assistant Vice President 63 BOND 4315M Rioted in U.SA IMPORTANT NOTICE TO OBTAIN INFORMATION OR MANGE A COMPLAINT: YOU wsr CONTACT THE TExAs DEPAR'imw 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. 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 DEPARTmw 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 PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON ) KNOW ALL MEN BY THESE PRESENTS: That JIM BOWMAN CONSTRUCTION INC. of the City of DALLAS County of DALLAS , and State of mWuAa as principal, and THE GLENS FALLS INSURANCE COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto THE CITY OF DENTON OWNER, in the penal sum of SIXTEEN THOUSAND NINE HUNDRED AND no/100------------------------------- Dollars 16.900.00 for the payment whereof, the said Principal and Surety bind themselves and thei= heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 3 day of AUGUST 19 93 . BID # 1522 - CIVIC CENTER PARR/CITY BALL SIDEWALK RENOVATION to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosection of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 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 tht work performed thereunder, or the plans, specifications or drawings accompanyins the same, shall in anywise affect its obligation on this bond, and it does heret- waive notice of any such change, extension of time, alteration or addition to tht terms of the contract, or to the work to be performed thereunder. IN WITHNESS WHEREOF, the said Principal and Surety have signed ar.: sealed this instrument this 16th day of August , 19 93 JIM BOWMAN CONSTRUCTION COMPANY, INC. By Ti Address 10209 Plano Road, Suite 101 Dallas, Texas 75238 THE GLENS FALLS INSURANCE COMPANY Address 600 N. Pearl St.,14th Street Dallas, Texas 75201 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Jerry P. Rose - Willis Corroon Corporation of Texas 5420 L.B.J. Freeway, Suite 1400 - Dallas, Texas. 75240-2652 PB-4 0092b Title Attorney Principal MAINTENANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT JIM BOWMAN CONSTRUCTION INC. as Principal, and THE GLENS FALLS INSURANCE COMPANY a Corporation authorized to do business in the State or 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 SIX HUNDRED xlxmrr AxD no/IOO------------------------------ Dollars 1.690.00 , 107 of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said JIM BOWMAN CONSTRUCTION INC. has this day entered into a written contract with the said City of Denton to build and construct BID # 1522 - CIVIC CENTER PARR/CITY HALL SIDEWALK RENOVATION 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 incorporatd 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 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. HB-1 0093b NOW, THEREFORE, if the said agreement to maintain said construction and keep same period of one (1) year, as herein and said contract shall be null and void and have no further effect; force and effect. Contractor shall perform its in repair for the maintenance provided, then these presents otherwise, to remain in full It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries mac 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 JIM BOWMAN CONSTRUCTION COMPANY, INC. as Contractor and Principal, has caused these presents to be executed y Jim Bowman and the said THE GLENS FALLS INSURANCE COMPANY - - as surety, has :caused, these presents to be executed by its--A'ttorsry-in-Fact Linda O'Nale and the said Attorney-in-Fact has hereunto set his hand this 16th day of August 19 93 - 77 SURETY: BY: INSUR C L LS Linda O'Nale_ PRINCIPAL: JI WMAN CONSTRUCT OMPANY, INC. Jim Bowman„, _ s MB-2 0093b CITY OF DENTON INSURANCE REQUIREBUMS 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 Contractor, the contracted work Denton, Owner, hereinafter. any of the other obligations or liabilities of the Contractor shall provide and maintain until the has been completed and accepted by the City of the minimum insurance coverage as indicated 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 CI-1 Revised 02/05/93 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 sale option, terminate this agreement effective on the date of the lapse. CI-2 Revised 02/05/93 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE R'EOUIREMENTS: 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 SSnn,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: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance:_ Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than _ Sann,nnn per occurrence either in a single policy or in a combination of underlying and umbrella or excess policies. Revised 02/05/93 CI-3 Insurance Requirements Page 4 The policy will include bodily injury and property damage liability arising out of the operation and maintenance of all automobiles and mobile equipment used in conjunction with this contract including owned, scheduled, hired, and non-owned vehicles and employee non-owned use. Scheduled automobiles will be listed in the Description or Remarks section of the Certificate of Insurance. (ISO Form CA 0001 Current Edition) [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. [ ] Fire Damaae Lecal Liability Insurance Coverage is required if Broad provided or is unavailable contractor Limits of required. leases or rents a not less than CI-4 form General Liability is not to the contractor or if a portion of a city building. each occurrence are Revised 02/05/93 Insurance Requirements Page 5 [ ] Professional Liabilitd•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. CI-5 AFFOOOED Revised 02/05/93 PROPOSAL FORK FOR BID #1522 CIVIC CENTER PARR AND CITY HRLL CONCRETE PAVER SIDEWALK REPLACENS CITY OF DENTON DENTORr TRIMS Name of Bidder Date of Proposal "4 Y Z=L~ ,3 To: City of Denton (Owner) Denton, Texas The undersigned, as bidder, in compliance with the invitation for bids for th replacement of sidewalks with concrete pavers at the Civic Center Park and Cit Hall declares that the only person or parties interested in this proposal a principals are those named herein, that this proposal is made without collusio with any other person, firm or corporation; that having carefully examined th form of contract, Notice to Bidders, specifications and the plans therei referred to, and having carefully examined the location and being familiar wit. all of the conditions surrounding the construction of the proposed work, agree to provide all necessary labor, machinery, tools, apparatus, and other item incidental to construction, and will do all the work and furnish all th materials called for in the contract and specifications in the manner prescribe herein and according to the requirements of the City. Accompanying this proposal is a certified or cashier's check or Bid Bond, payabl to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall b returned to the bidder, unless in case of the acceptance of the proposal, th bidder shall fail to execute a contract and file a performance bond and a paymen bond within fifteen days after its acceptance, in which case the bid securit shall become the property of the Owner, and shall be considered as a payment fo damages due to delay and other inconveniences suffered by the owner on accoun of such failure of the bidder. Owner reserves the right to reject any and al bids. owner may investigate the prior performance of the bidder on othe contracts, either public or private, in evaluating bid proposals. Should bidde alter, change, or qualify any specification of the bid, Owner may automaticall disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever natur required, in strict accordance with the plans and specifications, for the sum o S Dollars .2 6 700 Ho ) ALTERNATE BID ITEM NO. 1 to delete from the base bid the cost of the removal o the existing brick pavers. DELETE[024 //iAWWvP IWO a#Am 62 Ayc- Dollars ~ 2-5 S ) P - 1 AJJ00750.WP5 ALTERNATE BID ITEM NO. those pavers determined complete sidewalk. S,l ~.YIVl.Rn/D /U/~ to remove existing brick pavers, sort and install onli usable and add new brick pavers as per specifications ti Dollars /k 900 ) ALTERNATE BID ITEM NO. 3 to remove existing brick pavers and install complete it place new brick pavers as per specifications. i u~>Y /UNe -#o-fA o. r 1 even/ AArelzo Dollars 7e O UNIT PRICES: The undersigned agrees that the following unit prices will appl, to adjust quantities of materials indicated on drawings. Prices are foi materials furnished and installed. It is further agreed that the quantities of work to be done at unit prices and material to be furnished may be increased o3 diminished, as may be considered necessary in the opinion of the owner', Representative, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth above except as provided for ii the specifications. CONCRETE PAVER INSTALLATION COMPLETE IN PLACE (for addition or deletion) 77Wie 8g~a o llars per Sq. Ft. NEW BRICK PAVER (for addition or deletion) I-Aggl.. aMd '//o a dollars per Sq. Ft. Note: All amounts shall be shown in both words and figures. In case discrepancies, the amount in words shall govern. ADDENDA: The Bidder further agrees, and acknowledges, the following Addenda have bees received and that the entire contents have been incorporated into this Proposal: Addendum No. eNG 73 Addendum No. Addendum No. Addendum No. 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 material: furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when full} completed and finished in accordance with the plans and specifications, to the satisfaction of the owner. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. P - 2 AJJ00750.WP5 The undersigned bidder hereby agrees to complete all of the Base Bid an4 Alternate Bid Item work ready for the Owner's acceptance no later than August 27 1993 as set forth in the Special Conditions, and fully realizing that th contract ~wiil~l carry liquidated damages provisions. iki 75Z-3f Street Address 62 X13¢9- City n tate Seal & Authorization (if a Corporation) Telephone P - 3 AJJ00750.WP5 CERTIFICATE OF INSURANCE ISSUE DATE (MM/DOIVV) 8/11/93 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE SWINGLE, COLLINS & ASSOCIATES POLICIES BELOW. 13760 NOEL ROAD, SUITE 850 DALLAS, TX 75240 COMPANIES AFFORDING COVERAGE COMPANY A BITUMINOUS CASUALTY COMPANY LETTER COMPANYB TEXAS WORKERS COMPENSATION INSURANCE FUND INSURED LETTER JIM BOWMAN CONSTRUCTION CO., INC. COMPANYC LETTER 10209 PLANO ROAD, SUITE 101 DALLAS, TX 75238 COMPANY D LETTER COMPANY E LETTER COVERAGES , THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DD/VY) DATE (MM/DD/YYI A GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY CLP2114706 12/12/92 12/12/93 PRODUCTS-COMP/OP AGO. $ 2,000,000 CLAIMS MADE X OCCUR. PERSONAL $ ADV. INJURY $ 1,000,000 OWNER'S 8 CONTRACTOR'S PROT. EACH OCCURRENCE $ 1,000,000 X CG 2503 ENDORSEMENT FIRE DAMAGE (Any one fire) $ 50,000 MED. EXPENSE (Any one person) $ 5.000 A AUTOMOBILE LIABILITY COMBINED SINGLE $ X ANY AUTO CAP1802688 1,000,000 12/12/92 12/12/93 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ A EXCESS LIABILITY EACH OCCURRENCE $ 1,000,000 X UMBRELLA FORM CUP1782856 12/12/92 12/12/93 AGGREGATE $ 1,000,000 OTHER THAN UMBRELLA FORM STATUTORY LIMITS WORKER'S COMPENSATION B TSF100144-01 03/01/93 03/01/94 EACH ACCIDENT $ 500,000 AND DISEASE-POLICY LIMIT $ 500 000 EMPLOYERS' LIABILITY , DISEASE-EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER IS ADDITIONAL INSURED. REF: BID 111522 CIVIC CENTER PARK/CITY HALL SIDEWALK RENOVATION CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF DENTON EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO PURCHASING DEPARTMENT MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 901-B TEXAS STREET LEFT, BUT FAILURE TO MA14 ppy,CK NATIQE, SyP14.,1MP.O,S,F:NO OBLIGATION OR DENTON, TX 76201 LIABILITY OF ANY KIND UPfr$I1~' PA)h i1T GENTS OR PRESENTATIVES. AUTHORIZED REPRESENTATIVE y ;fir ACORD 29-8 (7/90) D CORPORATION 1990 ::11',:5. ~i:~~a: E•.:a~ . CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 3 day of AUGUST 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 JIM BOWMAN CONSTRUCTION INC_. Tr209 PLANn TF.xAS 75~'tR ROAD SUITE 101, DALLAS. of the City of DALLAS , County of naT.T.Ac 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 # 1599 - CIVIC CENTER PARR/CTTX HATS. SMEWATM RVNOVATTON in fhn amnnnt of $16,900.00. and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreements and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and CA-1 0114s AUG 61993 other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by PARRS AND RECREATION DEPARTMENT , 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 0114a IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: CITY OF iMN OWNER By (SEAL) ATTEST: JIM BOWMAN CONSTRUCTION INC. CONTR C R By T (SEAL) CA-3 0114s PERFORMANCE BOND STATE OF TESAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That JIM BOWMAN CONSTRUCTION INC. , of the City of DALLAS County of DALLAS , and State of TRYAs as PRINCIPAL, and THE GLENS FALLS INSURANCE 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 Tmr. (`TTY OF DENTOx as OWNER, in the penal sum of SIXTEEN THOUSAND NINE HUNDRED AND nn/100---------- Dollars 316,900.00 ) 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 3 day of AUCUST , 19_U_, for the construction of BID # 1522 - CIVIC CENTER PARK/CITY MALL SIDEWALK RENOVATION in the amount of $16,900.00 which contract is hereby referred to and made a dpart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-1 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. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in DENTON County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 16th day of August , 193 JIM BOWMAN CONSTRUCTION COMPANY INC. Title THE GLENS FALLS INSURANCE COMPANY Principal By man J7~owS Address 10209 Plano Road, Suite 101 (SEAL) The name and address of the Resident Agent of Surety is: (SEAL) Jerry P. Rose - Willis Corroon Corporation of Texas 5420 L.B.J. Freeway, Suite 1400 - Dallas, Texas 75240-2652 NOTE: Date of Bond must not be prior to date of Contract. PB-2 Address 600 N. Pearl St., 14th Floor Dallas. Texas 75201 0091b Title Attorney The Glens Falls Insurance Company 180 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY Know all men by these Presents, That THE GLENS FALLS INSURANCE COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint Jerry P. Rose or Linda O'Nale or Robert L. stoeck of Dallas, Texas its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Unlimited Dollars. This Power ofAttorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 1st day of November, 1977: "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice President of the Company, be, and that each or any of them hereby is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is. authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney o to any certificate relating thereto in facsimile. and anysuch Powero[Attomey orcertificate bearingsuch facsimilesignaluresor facsimile seal shall bevalid and binding upon theCompanywhen so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof, THE GLENS FALLS INSURANCE 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 one of its Assistant Vice Presidents this 1st day of May, 1985. Attest: Robert W. Adler, Sr., Assistant Vice Resident THE GLENS FALLS INSURANCE COMPANY By Michael I. Beemaem, Vice President STATE OF NEW YORK COUNTY OF NEW YORK On this 1st day of May, 1985, before me personally came Michael J. Beernaert, to me known, who being by me duly sworn, did depose and say that he is a Vice President of the THE GLENS FALLS INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. „~•+f NOTARY PUBLIC, State of New York No. 244663117 Owl. in Kirp County CERTIFICATE Commission Expires March 30, 1986 I, the undersigned, an Assistant Vice President of the THE GLENS FALLS INSURANCE COMPANY, a Delaware corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of New York, in the State of New York. Dated the 16th day of August 19 93 r ^ / lames M. Keane, Assistant Vice President 63 BOND 4315M Rioted in U.SA INPORTANT NOTICE TO comm INFORMATION OR MAIM A COMPLAINT`: YOU NAY CONTACT THE TExAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS AT: 1-800-252-3439 YOU MAY MUTE THE TExAS DEPARTMENT OF INSURANCE: P. 0. Box 149104 AusTIN, TX 78714-9104 FAX 1(512) 475-1771 OR CLAIM DISPUTES: SHOULD YOU HAVE A DISPUTE LNG YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU NAY 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. PAYttENT BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That JIM BOWMAN CONSTRUCTION INC. of the City of DALLAS County of DAT•T.aG , and State of TRYAR , as principal, and THE GLENS FALLS INSURANCE COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF DENTON OWNER, in the penal sum of SIXTEEN THOUSAND NINE HUNDRED AND no/100------------------------------- Dollars 16.900.00 for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 3 day of AUGUST , 19 93 BID # 1522 - CIVIC CENTER PARR/CITY HALL SIDEWALK RENOVATION to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosection of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 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 tr! work performed thereunder, or the plans, specifications or drawings accompanyins the same, shall in anywise affect its obligation on this bond, and it does herer- waive notice of any such change, extension of time, alteration or addition to tht terms of the contract, or to the work to be performed thereunder. IN WITHNESS WHEREOF, the said Principal and Surety have signed ar.: sealed this instrument this 16th day of August , 19 93 JIM BOWMAN CONSTRUCTION COMPANY, INC. THE GLENS FALLS INSURANCE COMPANY Surety By Ti Title Attorney Address 10209 Plano Road, Suite 101 Dallas, Texas 75238 Address 600 N. Pearl St.,14th Street Dallas, Texas 75201 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Jerry P. Rose - Willis Corroon Corporation of Texas 5420 L.B.J. Freeway, Suite 1400 - Dallas, Texas. 75240-2652 PB-4 0092b Principal MAINTENANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT JIN BowMAN CONSTRUCTION INC. as Principal, and THE GLENS FALLS INSURANCE COMPANY a Corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sum of ONE THOUSAND SIX HUNDRED xlrrrrr AxD noh OO-----th------------------------- Dollars i.ego_OO , 10% of the total amount of e contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said JIM BOWMAN CONSTRUCTION INC. has this day entered into a written contract with the said City of Denton to build and construct BID # 1522 - CIVIC CENTER PARR/CITY HALL SIDEWALK RENOVATION City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd 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 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. MB-1 0093b 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 mac 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 _ JIM BOWMAN CONSTRUCTION COMPANY, INC. as Contractor and: Principal, has caused these presents to be executed FJim Bowman and the said THE GLENS FALLS INSURANCE COMPANY as surety, has caused, these presents to be executed by its..AttorgW-in-Fact Linda O'Nale and the said Attorney-in-Fact has hereunto set his hand this 16th day of August , 19 93 y SURETY: THE E S LS_II EY : ~Iael~ k-Linda O'Nale_ Attorney-in-Fact 0093b PRINCIPAL:_ JI WMAN CONSTAUCTOMPANY, INC. . Jim Bowman_ ,E _ 1 MB-2 CITY OF DENTON 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 CI-1 Revised 02/05/93 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. CI-2 Revised 02/05/93 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE R'EOUIREMENTS: 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 89nn 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: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than _ 13.= nnn per occurrence either in a single policy or in a combination of underlying and umbrella or excess policies. Revised 02/05/93 CI-3 Insurance Requirements Page 4 The policy will include bodily injury and property damage liability arising out of the operation and maintenance of all automobiles and mobile equipment used in conjunction with this contract including owned, scheduled, hired, and non-owned vehicles and employee non-owned use. Scheduled automobiles will be listed in the Description or Remarks section of the Certificate of Insurance. (ISO Form EA 0001 Current Edition) [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. [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damace Lecal Liability Insurance coverage is required if Broad provided or is unavailable contractor leases or rents a Limits of not less than required. form General Liability is not to the contractor or if a portion of a City building. each occurrence are CI-4 Revised 02/05/93 Insurance Requirements Page 5 [ ] Professional Liabilitv•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. CI-5 AFFOOOED Revised 02/05/93 PROPOSAL FORK FOR BID #1522 CIVIC CENTER PARK AND CITY HALL CONCRRTE PAVER SIDEWALK REPLACEK6 CITY OF DEMON DENTON, TEKBS Name of Bidder Date of Proposal "44 Y g/ yz To: City of Denton (Owner) Denton, Texas The undersigned, as bidder, in compliance with the invitation for bids for th replacement of sidewalks with concrete pavers at the Civic Center Park and Cit Hall declares that the only person or parties interested in this proposal a principals are those named herein, that this proposal is made without collusio: with any other person, firm or corporation; that having carefully examined th form of contract, Notice to Bidders, specifications and the plans therei: referred to, and having carefully examined the location and being familiar wit: all of the conditions surrounding the construction of the proposed work, agree to provide all necessary labor, machinery, tools, apparatus, and other item incidental to construction, and will do all the work and furnish all th, materials called for in the contract and specifications in the manner prescribe herein and according to the requirements of the City. Accompanying this proposal is a certified or cashier's check or Bid Bond, payabl, to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall b, returned to the bidder, unless in case of the acceptance of the proposal, th, bidder shall fail to execute a contract and file a performance bond and a paymerr bond within fifteen days after its acceptance, in which case the bid securit. shall become the property of the Owner, and shall be considered as a payment fo. damages due to delay and other inconveniences suffered by the Owner on accoun, of such failure of the bidder. Owner reserves the right to reject any and al bids. Owner may investigate the prior performance of the bidder on othe: contracts, either public or private, in evaluating bid proposals. Should bidde: alter, change, or qualify any specification of the bid, Owner may automaticall: disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever natur, required, in strict accordance with the plans and specifications, for the sum o Dollars 700~~ ) ALTERNATE BID ITEM NO. 1 to delete from the base bid the cost of the removal the existing brick pavers. t P - 1 ) Dollars Z5.5 AJJ00750.WP5 ALTERNATE BID ITEM NO. those pavers determined complete sidewalk. q~ -SiYrl~il ~.YlvJ.9Na /v/~1 to remove existing brick pavers, sort and install onl} usable and add new brick pavers as per specifications tc Dollars ALTERNATE BID ITEM NO. 3 to remove existing brick pavers and install complete it place new brick pavers as per specifications. ) n 6FWz Nave -/.tFwAf o, 1 EUe-a/ 9.v 14P o Dollars /r -700 UNIT PRICES: The undersigned agrees that the following unit prices will appl) to adjust quantities of materials indicated on drawings. Prices are for materials furnished and installed. It is further 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 owner,- Representative, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth above except as provided for it the specifications. CONCRETE PAVER INSTALLATION COMPLETE IN PLACE (for addition or deletion) T/N~ni a. ~ 85440 0 llars per Sq. Ft. NEW BRICK PAVER (for addition or deletion) dollars per Sq. Ft. Note: All amounts shall be shown in both words and figures. In case discrepancies, the amount in words shall govern. ADDENDA: The Bidder further agrees, and acknowledges, the following Addenda have beer received and that the entire contents have been incorporated into this Proposal: Addendum No. Addendum No. AUG 73 Addendum No. Addendum No. 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 Owner. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. P - 2 AJJ00750.WP5 The undersigned bidder hereby agrees to complete all of the Base Bid an( Alternate Bid Item work ready for the Owner's acceptance no later than August 27 1993 as set forth in the Special Conditions, and fully realizing that thi contract will carry liquidated damages provisions. /M M.9~1/ ~ ST • Coo.. ,,a&S c 75Z3~ Street Address City n tate Seal & Authorization (if a Corporation) Telephone P - 3 AJJ00750.WP5 0 Ali/®g~n. CERTIFICATE OF INSURANCE ISSUE DATE (MMIDD/VV) 8/11/93 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE SWINGLE, COLLINS & ASSOCIATES POLICIES BELOW. 13760 NOEL ROAD, SUITE 850 DALLAS, TX 75240 COMPANIES AFFORDING COVERAGE NY A BITUMINOUS CASUALTY COMPANY ETTER COMPANYB TEXAS WORKERS COMPENSATION INSURANCE FUND INSURED LETTER JIM BOWMAN CONSTRUCTION CO., INC. COMPANY C 10209 PLANO ROAD, SUITE 101 DALLAS, TX 75238 ETTERNYD COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOW N MAY HAVE BEEN REDUCED BY PAID CLAIMS. DO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DD/YY) DATE (MM/DD/YV) A GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY CLP2114706 12/12/92 12/12/93 PRODUCTS-COMP/OPAGG. $ 2,000,000 CLAIMS MADE X OCCUR. PERSONAL 8 ADV. INJURY It 1,000,000 OWNER'S 8 CONTRACTOR'S PROT. EACH OCCURRENCE $ 1,000,000 X CG 2503 ENDORSEMENT FIRE DAMAGE (Any one fire) $ 50 , 000 MED. EXPENSE (Any one person) $ 5.000 A AUTOMOBILE LIABILITY COMBINED SINGLE $ X ANY AUTO CAP1802688 1,000,000 12/12/92 12/12/93 LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ A EXCESS LIABILITY EACH OCCURRENCE $ 1,000,000 X UMBRELLA FORM CUP1782856 12/12/92 12/12/93 AGGREGATE $ 1,000,000 OTHER THAN UMBRELLA FORM STATUTORY LIMITS WORKER'S COMPENSATION B TSF100144-01 03/01/93 03/01/94 EACH ACCIDENT $ 500 000 AND , DISEASE-POLICY LIMIT $ 500,000 EMPLOYERS' LIABILITY DISEASE-EACH EMPLOYEE It qnn non OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER IS ADDITIONAL INSURED. REF: BID #1522 CIVIC CENTER PARK/CITY HALL SIDEWALK RENOVATION CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF DENTON EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO PURCHASING DEPARTMENT MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 901-B TEXAS STREET LEFT, BUT FAILURE TO MAID I)~CH,NOTICE$MPLL,Jk4p..(?Pi,NO OBLIGATION OR DENTON, TX 76201 LIABILITY OF ANY KIND UP~Ttr*f~, PA~1Yi IT GENTS OR PIiESENTATIVES. AUTHORIZED REPRESENTATIVE, fpm`' Y yti,( ACORD 28.8 (7/90 D CORPORATION 1990