1992-152 ORDINANCE NO.
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 ANEFFECTIVE 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
1403 Linder-Stahl Construction Co. $ 54,710.00
1412 Circle "C" Construction 331,949.50
1412 Atkins Bros. Equipment 92,984.00
1420 Wesco 13,920.00
1420 Temple 20,500.00
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~,1992.
BOB CASTLEBERRY, MA~ ~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
DEBRA A. D~A¥OUI-~H~ CITY ATTORNEY
DATE: SEPTEMBER 15, 1992
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID #1403 - CAST-IN-PLACE CONCRETE PLATFORM AND CHAIN LINK
FENCE
RECOMbIENDATION: We recommend this bid be awarded to the only bidder, Linder-
Stahl Construction Co. Inc. in the total amount of $54,710.00.
S~RY: This bid is for all labor and materials necessary for construction of a
cast-in-Place concrete platform and installation of a chainlink fence at the Ray
Roberts Dam. This Project was estimated at $70,000.00.
One bid proposal was received in response to eleven notices mailed.
BACKGROUND: Tabulation, PUB Minutes.
PROGRAMS~ DEPARTMENTS OR GROUPS AFFECTED: Tabulation sheet, PUB
Minutes.
FISCAL IMPACT: Budgeted Revenue Bonds Account #612-080-RB90-9246 balance
$1,034,157.00.
Lo Spectfully submitted:
yd V. Harre]}~
City Manager
Prepared by:
Name: Demse Harpdol
Title: Senior Buyer
Approved:
Name: Toni D. Shaw, C.P.M.
Title: Purchasing Agent
BID # 1403
BID NAME CAST-IN-PLACE CONCRETE LINDER-STAHL
PLATFORM CONSTRUCTION
OPEN DATE 7-16-92
# QUANTITY I DESCRIPTION VENDOR
476 LF ICHAIN LINK FENCE
IUNIT PRICE $12.00
ITOTAL $5,712.00
2 8-FOOT GATES
PRICE PER GATE $774.00
176 LF CAST-IN-PLACE CONCRETE
UNIT PRICE $274.00
TOTAL $48,224.00
DAYS TO COMPLETE PROJECT 30 DAYS
ALL OTHER CHARGES X
TOTAL $54,710.00
BID BOND YES
EXCERPT
PUBLIC UTILITIES BOARD MINUTES
August 19, 1992
12. CONSIDER APPROVAL OF BID #1403 IN THE AMOUNT OF $54,710 FOR
CONSTRUCTING CONCRETE FISHING PLATFORM AND INSTALLATION OF
CHAINLINK FENCE AT RAY ROBERTS DAM.
Harder and Nelson presented this item lvin
recommendation of approval to Llnder-Stahl Cons~ruc~n'~ff
Inc., in the amount of $54,710 for construction of a cast-in-
place concrete platform and installation of a chatnlink fence
at Ray Roberts dam.
Coplen made a motion to approve subject contract in the not-
to-exceed amount of $54,710; second by Laney. All ayes, no
nays, motion carried·
DATE: SEPTEblBER 15, 1992
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1412 - PAYNE & PEAK STREET WATER SEWER
RECOMbIENDATION: We recommend this bid be awarded to the lowest bidders by
section as follows:
A. Replace Miscellaneous Water Lines - $265,510.00 - Circle "C" Construction
B. Payne Dr. 12" Waterline - $66,439.50 - Circle "C" Construction
C. Peak Street 8" Sewer Line - $92,984.00 - Atkins Bros. Equipment
SUMMAR~Y: This bid is for all labor and materials to replace Waterlines and the Peak
Street Sewer Line. These projects are $26,255.00 under the budgeted figure.
14 bid proposals were received in responses to 41 notices mailed.
BACKGROUND: Bid tabulation, PUB Minutes.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Water & Sewer Utilities, Utility
Customers of the City of Denton.
FISCAL IMPACT: Capital Improvements Project FY91 account #620-081-R102-8550.
//~s~ectfully.submitt,d:
~~Lloyd V. ~
City Manager
Prepared by:
'Name: Denise Harpo41
Title: Senior Buyer
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
265.agenda
NORTH
CITYofDENTON, TEXA$ MUNICIPALBUILDING / 215E. McKINNEY / DENTON, TEXAS76201
MEMORANDUM
DATE: August 24, 1992
TO: Jerry Cosgrove, P.E. Engineering Administrator
FROM: David Salmon, P.E. Senior Civil Engineer
SUBJECT: Replace Misc Waterlines 1991
Payne Drive Waterline
Peak Street Sewer
Circle C Construction was the low bidder on Replace Miscellaneous Waterlines 1991
and Payne Drive Waterline. Their bid of $265,510.00 on Replace Waterlines 1991
and $66,439.50 on Payne Drive Waterline fall well below our estimates. Circle
C Construction as you remember constructed the 1990 CIP waterlines. There were
no significant problems that occurred during that project and it appears that
they performed high quality construction. We recommend that the Utility
Department accept this bid.
The low bidder on Peak Street Sewer was Atkins Brothers Equipment. Their bid of
$92,984.00 is about seven percent higher than our estimate. The first iow bid
on this project was over $128,000, so rebidding was extremely advantageous.
Atkins Brothers constructed the 1989 CIP Waterlines with no major problems during
construction. We would recommend you accept this bid also.
David Salmbn
Senior Civil Engineer
AEE0019D
EXHIBIT V
DATE: SEPTEMBER 15, 1992
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID #1420 - DISTRIBUTION TRANSFORMERS
RECOMMENDATION: We recommend this bid be awarded to the low bidders meeting
specifications as listed below:
ITEM 5 - WESCO $13,920.00
ITEM 6 - TEMPLE, INC. $20,600.00
SUMMARY: This bid is for two (2) 500 KVA padmount transformer for Exposition
Mills and one (1) 2500 KVA padmount transformers for the Water Treatment Plant.
Ten bid proposals were received in response to 20 bid packages mailed.
BACKGROUND: Tabulation sheet, Memorandum George Pool.
PROGRAMS ~ DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution Division,
Utility Customers of the City of Denton.
FISCAL IMPACT: Budgeted Funds for 1991 Electric Distribution account #610-080-
0252-9222 balance to date $323,744.13 for Item 5 and for Water Production account
#620-081-0460-9107 balance to date $43,028.00.
City Manager
Prepared by:
Name: Denise Harpool '
Title: Senior Buyer
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
268. agenda
CITY of DENTON MUNICIPAL UTIL1T A Texas Street/Denton,TX 76201
TO~ Tom Shaw, Purchasing Agent
FROM:~. George Pool, Electric Engineering Associate
DATE~ September 9, 1992
SUBJECT~ BID NUMBER 1420
The Electric Engineering Department recommends the approval of the
following bidders for the items below:
Item %5: Two 500 KVA; 120/208 volt loop feed padmounted
transformers to the low bidder Wesco, at a total cost of
$13,920.
Item 06: One 2500 KVA, 4160/2400 padmount dead front transformer
to Temple, Inc. for a total cost of $20,500. The low
bidder Wesco did not meet the specifications. They bid
a live front secondary voltage transformer, while the
specifications call for a dead front transformer.
Item 05 will be used at Exposition Mills, and Item 06 is for the
Water Treatment Plant.
Please contact me if you require any additional information. A
copy of the loss cost transformer evaluation was provided.
JP:tn
09092001
LOSS/COST EVALUATION OF A 2500KVA PADMOUNT, 4160/2400 TRANSFORMER
9-8-92
MADE NL LL BID CALCULATED
BIDDER BY _OSSES LOSSE,' %Z COST COST
CUMMINS NB
POLELINE NB
TECHLINE NB
WESCO ABB 3450 10100 5.65 $20~850.00 $120~273.36
TEMPLE GE 2596 12117 5.7 $20,500,00 $121 ~064.88
STUART SQURE D 2886 16117 5.75 $23,000.00 $143,677,61
VAN TRAN VAN TRAN 2350 14000 5.75 $25~930.00 $144~109.36
SESCO SESCO 4800 21000 5.75 $25,577.00 $177,735.65
LOSS/COST EVALUATION OF A 500KVA PADMOUNT, 120/208 LOOP FEED TRANSFORMER
9-8-92
I MADE NL LL BID 3ALCULATED
BIDDER BY .OSSES LOSSE,~ %Z COST COST
TECHLINE HOWARD 849 4185 $6,441.00 $39~406.76
PRIESTER COOPER 984 4035 5.25 $7~007.00 $41~542.30
POLELINE PAULS 721 3919 3.39 $7~524.00 $41 ~563.87
CUMMINS PAULS 721 3919 $7~694.00 $42~138.47
VAN TRAN VAN TRAN 820 4128 5.75 $8,022.00 $44,420.26
SESCO SESCO 1300 5600 5.75 $8,479,00 $53,105,11
STUART SQURE D 1138 7864 5.75 $12,500,00 $73,027.41
TEMPLE GE 2596 12117 5.7 $7~500.00 $77j 124,88
"
/"""'; e;,
CONTRACT AGREEMENT
STATE OF TEXAS
)(
COUNTY OF
DENTON
)(
THIS AGREEMENT, made and entered into this ~ day of SEPTEMBER
A.D., 19 92, by and between
CITY OF DENTON
of the County ~of DENTON
LLOYD V. HARRELL
hereinafter termed .OWNER,. and
and State of Texas, acting through
thereunto duly authorized so to do,
LINDER-STAHL CONSTRUCTION CO.. INC..
P.O. BOX 9072, FORT WORTH, TEXAS 76147
of the City of
and State of
FT WORTH
TEXAS
, County of
, hereinafter
TARRANT
termed .CONTRACTOR..
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to b~ 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 it 1403 - CAST-IN-PLACE CONCRETE PLATFORM AND CBAIN LINK FENCE in the
amount of $54.710.00
and all extra work in connection therewith, under the terms as stated in the
General Conditions of the agreement; and at his (or their) own proper cost and
expense to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and other accessories and services
necessary to complete the work specified above, in accordance with the
conditions and prices stated in the proposal attached hereto, and in
accordance with all the General Conditions of the Agreement, the Special
Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to(
Bidders, and the Performance and Payment Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats, blueprints, and
CA-l
0114s
'.
\//
other drawings and printed or written explanatory matter thereof,
Specifications therefore, as prepared by
and the
CITY OF DENTON ENGINEERING STAFF
,
, 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:
/}"/lIk-IJa/LM~
ATTEST:
~{~
LINDER-STAHL CONSTRUCTION INC.
CONTRACTOR ~2 /J .
By 1f!e~/~ -~~
itle -n ,/
-r I{"~''A-t'' '" I
(SEAL)
"
APPROllED---AS" TO
. --"
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CA-3
0114s
PERFOR1lANCE BOND
STATE OF TEXAS )(
COUNTY OF DENTON ) (
County of
as PRINCIPAL,
KNOW ALL MEN BY THESE PRESENTS: That LINDER-STAHL CONSTRUCTION INC.
, of the City of FORT WORTH
TARRANT , and State of TEXAS
and WASHINGTON INTERNATIONAL INSURANCE COMPANY
-
, as SURETY, authorized under the laws of
on bonds for principals, are held and firmly
the State of Texas to act as surety
bound unt 0 the CITY OF DENTON
as OWNER, in the penal sum of FIFTY FOUR THOUSAND SEVEN HUNDRED TEN AND no/100-----
Dollars ($ 54,710.00 ) 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 --..!2.. day of SEPTEMBER , 1992 , for the construction of
BID it 1403 - CAST-IN-PLACE CONCRETE PLATFORM AND CHAIN LINK FENCE in the amount of
$54.710.00
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 56th Legislature, Regular Session, 1959, and all liabilities on this
bond shall be determined in accordance with the provisions of said Article to the
same extent as if it were copied at length herein.
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 inlltrument this 21st day of September , 19..2L..
LINDER-STAHL CONSTRUCTION CO., INC.
Principal
WASHINGTON INTERNATIONAL INSURANCE COMPANY
Surety
By ~~A1r~~
~TraCY
Tucker
Title 0e>>5:/t;""r-
Title Attorney-in-fact
AddressP, o. Box 9072
Address P.O. Box 11428
Fort Worth. TX 76147
(817) 735-4162
Fort Worth. TX 7nll0
(817) 921-1433
( SEAL)
(SEAL) ,
-'
The name and address of the Resident Agent of Surety is:
Tracy Tucker
2465 Forest Park Blvd., Fort Worth, TX 76110
(81]) 921-1433
\
NOTE: Date of Bond must not be prior to date of Contract.
PB-2
009lb
PATIlENT BOND
STATE OF TEXAS
)(
COUNTY OF
DENTON
)(
KNOW ALL MEN BY THESE PRESENTS: Tha t LINDER-STAHL CONSTRUCTION INC.
of the City of FORT WORTH
County of TARRANT , and State of TEXAS , as principal, and
WASHINGTON INTERNATIONAL 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 FIFTY FOUR THOUSAND SEVEN
HUNDRED TEN and no/l00---------------------------------- Dollars ($ 54,710.00 )
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:
m1EREAS, the Principal has
.
with the Owner, dated the 15 day of
entered into a certain written contract
SEPTEMBER
1992
BID #1403 _ CAST-IN-PLACE CONCRETE PLATFORM AND CHAIN LINK FENCE in the amount of
$54.710.00
to which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall pay all claimants supplying labor and material to him or. a
subcontractor in the prosection of the work provided for in said contract, then
this obligation shall be void, otherwise to remain in full force and effect;
<-
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the
acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this
bond shall be determined in accordance with the provisions of said Article to the
same extent as if it were copied at length herein.
PB-3
Surety, for value received, stipulates and agrees that no change,
extension of time, ~lteration 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 WITHNESS WHEREOF, the
sealed this instrument this 21st day of
said Principal and
September
Surety
, 19
have signed and
92
LINDER-STAHL CONSTRUCTION CO., INC.
Principal
WASHINGTON INTERNATIONAL INSURANCE COMPANY
Surety
BY~~~~
d~,
Tucker
Title ~~)A",r
Title Attorney-in-fact
Address P. O. Box 9072
Address P. O. Box 11428
Fort Worth, TX 76147
(817) 735-4162
Fort WorTh TX 7nl10
(817) 921-1433
(SEAL)
(SSAL)
The name anti address of the Resident Agent of Surety is:
Tracy Tucker
2465 Forest Park Blvd., Fort Worth, TX 76110 (817)921-1433
"
PB-4
0092b
!.lAINTENANCE BOND
STATE OF TEXAS
)(
COUNTY OF
DENTON
)(
KNOW ALL MEN BY THESE PRESENTS: THAT LINDER-STAHL
CONSTRUCTION INC. as Principal, and WASHINGTON INTERNATIONAL 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 FIVE THOUSAND FOUR HUNDRED
SEVENTY ONE AND no/l00__________________________Dollars ($5.471.00 ), 10% 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 LINDER-STAHL CONSTRUCTION INC.
has this day entered into a written contract with the said City of Denton to build
and construct BID # 1403 - CAST-IN-PLACE CONCRETE PLATFORM AND CHAIN LINK FENCE
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 here1:y
expressly incorporatd herein by referen~e and made a part hereof as though the same
were written and set out in full herein, and:
~IHEREAS, 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 l'lay
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 Contr~ctor
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 may
be had hereon for successive breaches of the conditions herein provided until the
full amount of this bond shall have been exhausted, and it is further understood
that the obligation to maintain said work shall continue throughout said
maintenance period, and the same shall not be changed, diminished, or in any manner
affected from any cause during said time.
CO., INC.
these presents to be executed by
and the said ~WASHINGTON INTERNATIONAL INSURANCE COMPANY
as surety, has-c:.iused these presents to be executed by its
Tracy Tucker and the said Attorney-in-Fact
this ~tday of September , 19 --2L'
IN WITNESS WHEREOF the said LINDER-STAHL CONSTRUCTION
as Contractor and Principal, has caused
Attorney-in-Fact
has hereunto set his band
SURETY:
PRINCIPAL:
WASHINGTON INTERNATIONAL
~
Attorney-in-Fact
TNSURANCE COMPANY
LINDER-STAHL CONSTR~IO~CO.. ~NC.
~~Cl~
~e~)~?1f,f-
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,
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MB-2
0093b
General
WASHINGTON INTERNATIONAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Washington International Insurance Company,a corporation organized and
existing under the laws of the State of Arizona, and having its principal office In the Village of Schaumburg,
Illinois, does hereby constitute and appoint
* * .. TRACY TUCKER AND DELBERT TUCKER . . * .
Its true and lawful attorneyC.).ln-fact to execute, ..al and deliver for and on It. behalf a. .urety. any and all
bonds and undertaking., recognizance., contract. of I_ltyand other writing. obligatory In the nature thereof,
which are or my be aLLowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and
the execution of .uch Inst.......,t<.) In pJr.uanee of these present., shall be a. binding upon the uid Washington
International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly
executed and acknowledged by It. President at it. principal office.
This Power of Attorney shall be limited in amount to $1,000.000.00 for any .Ingle obligation.
Thl. Power of Attorney I. I..ued pJr.uant to authority granted by the resolutions of the Board of ~irector. adopted
February 4, 1976, and January 17, 1984, which read, In part, a. follows:
1. The President ...y appoint AttorneYS'ln-Fact, and authorize them to execute on behalf of the Coq>any, and
attach the Seal of the Ccrrpany thereto, bonds, and U"dertaldngs, recognizances, contracts of indelrnhy and other
writings Oblig8to~ in the nature thereof, and to appoint Special Attonneys~in~Fact, who are hereby authorized to
certify to copies of any power-of-attorney issued in pursuant to this section and/or any of the By-Laws of the
Coapeny, and to remove, at any time, any such Attonney-in-Fact or Special Attorney-in-Fact and revoke the authority
given him.1I
2. The signatures of the Chainnan of the Board, the President, Vice President, Assistant Secretary, Treasurer
and Secreta~, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or
Uldertakfng relating thereto, by facsim'le. Any such Power of Attorney, certificate bond or Lndertaking bearing
such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding
upon the ca11>8ny.
IN TESTIMONY WH~~~""ton International Insurance Ca11>8ny has caused this Instrunent to be .igned and its
corporate sealA~'WJ1W 1i.~'H authorized officer, s 16th day of March, 1992.
r ~ .......... '''c.C.''t...
, ~ ..' ". ~ "I. WASNI T ' INSUllANCE COMPANY
!; lCORPORATE\~'
~ 0; SEAL : ~ J
~~ . : I
f ~ .... ARIZONA ..' & r
STATE OF JLdl\Ou.,l...........~~.:-
ti<.">"Is,.* ,,~_.:'
COONTY OF cooi:")."........~=----
On this 16th day of March, 1992, before me came the individual who executed the preceding instrument, to me
personally known, and, being by me duly sworn, said that he is the therein described and authorized officer of the
Washington International Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said
ConpanYi
U'OFPIClAL SEAL"
CHiilSTtNE ZARETSKY,
N '!ary Public. State of IlIInola
Mr Com..lsslon expires 10/7
~""""
STATE OF ILLINOIS )
COUNTY OF COOIC )
and affixed my Official Seal, the day and year first above
IN TESTIMONY WHEREOF, I have hereunto
wrf tten.
ic
1992
R IFICATE
I, the under.lgned, Secratary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA corporation, 00 HEREBY
CERTIFY that the foregoing and attached POWER OF ATTORNEY reosin. In full force and ha. not been revoked, and
furtherMOre that Article III, Section 5 of the By-Laws of the Corporation, and the Resolution of the Board of
Directors, set forth in the Power of Attorney, are now in force.
Si;ned and sealed in the County of Cook.
Dated th ~~f September 19..B.,.
Lewis M. Moeller, Secretary
, A.~..lIIt. ,eelRll~ICATE QFli'
ISSUE DATE (MM/DDJYY)
TUCKER AGENCY, INC.
P.O. BOX 11428
FORT WORTH, TX 76110
(817) 921-1433
" 9-23-92
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
POll IES BELOW,
PRODUCER
COMPANIES AFFORDING COVERAGE
1-800;';683-9591
COMPANY A B . . C 1 C .
LETTER l.tuml.nOUS asua ty orporatl.On
INSURED
COMPANY B
LETTER Lumbermens Mutual Casualty Corporation
LINDER-STAHL CONSTRUCTION CO., INC.
P.O. BOX 9072
FORT WORTH, TX 76147
COMPANY C
LETTER
E~-:4~~NY 0
~~-:4~~NY E
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICies, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MMIDD/YY) DATE (MMfDD/YY)
GENERAL LIABiliTY GENERAL AGGREGATE $2,000,000
A x COMMERCIAL GENERAL LIABILITY PRODUCTS.COMP/O? AGG. $ 2,000,000
CLAIMS MADE X OCCUR. CLP2096399 9-23-92 1-13-93 PERSONAL & ADV. INJURY $1,000,000
OWNER'S & CONTRACTOR'S PROTo EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE (Anyone lire) $ 50,000
MED. EXPENSE (Anyone person) $ 5,000
AUTOMOBilE liABiliTY COMBINED SINGLE
$
A X ANY AUTO LIMIT 1,000,000
CAP1766213 9-23-92 1-13-93
All OWNED AUTOS BODILY INJURY
(Per person) $
SCHEDULED AUTOS
X HIRED AUTOS BODilY INJURY
$
X NON-OWNED AUTOS (Per accident)
GARAGE LIABILITY
PROPERTY DAMAGE $
EXCESS liABILITY EACH OCCURRENCE $1,000,000
A X UMBRELLA FORM Binder 7-1-92 1-13-93 AGGREGATE $1,000,000
OTHER THAN UMBRELLA FORM
3BA 021160-00 1-13-92 1-13-93 STATUTORY LIMITS
WORKER'S COMPENSATION 500,000
B FOR INFORMATION ONLY, ACTUAL CERTIFICATE EACH ACCIDENT $
ANO 500,000
WILL BE MAILED BY CARRIER DISEASE-POLICY LIMIT $
EMPLOYERS' liABILITY DISEASE-EACH EMPLOYEE $ 500 000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHIClES/SPECIAlITEMS
Name as additional insured the City of Denton, its officials, Agents, Employees and volunteers.
CITY OF DENTON
901B TEXAS STREET
DENTON, TX 76201
ATTN: LLOYD V. HARRELL
latform & chain link fence Ra Roberts Dam
C~!lCE"L~TIQN '
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAll..l9- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAil SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
JOB: Cast-in- lace concrete
CERTIFICATE HOLDER
AUTHORIZED REPRESENTATIVE
~
ACORD 25-S 7'90
@ACORDCORPORATlON 1990
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 nqtification of bid award, Contractor
shall file with the purchasing Department satisfactory certificates
of insurance, containing the bid number and title of the project.
contractor may, upon written request to the purchasing Department,
ask for clarification of any insurance requirements at any time;
however, contractors are strongly advised to make such requests
prior to bid opening, since the insurance requirements may not be
modified or waived after bid opening unless a written exception has
been submitted with the bid. contractor shall not commence any
work or deliver any material until he or she receives notification
that the contract has been accepted, approved, and signed by the
city of Denton.
All insurance policies proposed or obtained in satisfaction of
these requirements shall comply with the following general
specifications, and shall be maintained in compliance with these
general specifications throughout the duration of the Contract, or
longer, if so noted:
o
Each policy shall be issued by a company authorized to do
business in the state of Texas with an A.M. Best company \
rating of at least A
o
Any deductibles or self-insured retentions shall be
declared in the bid proposal. If requested by the city,
the insurer shall reduce or eliminate such deductibles or
self-insured retentions with respect to the city. its
officials, agents, employees and volunteers; or, the
contractor shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and
defense expenses.
. ~ . no ,,1:
Insurance Requirements
Page 2
o Liability policies shall be endorsed to provide the
following:
00 Name as additional insured the City of Denton, its
Officials, Agents, Employees and volunteers.
00 That such insurance is primary to any other insurance
available to the additional insured with respect to
claims covered under the policy and that this insurance
applies separately to each insured against whom claim is
made or suit is brought. The inclusion of more than one
Insured shall not operate to increase the insurer's
limit of liability.
o
All policies shall be endorsed to provide
prior written notice of cancellation,
reduction in coverage.
thirty (30) days
non-renewal or
o Should any of the required insurance be provided under a
claims-made form, Contractor shall maintain such coverage
continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the
contract expiration, such that occurrences arising during
the contract term which give rise to claims made after
expiration of the contract shall be covered.
o Should any of the required insurance be provided under a
form of coverage that includes a general annual aggregate
limit providing for claims investigation or legal defense
costs to be included in the general annual aggregate limit,
the contractor shall either double the occurrence limits or
obtain Owners and contractors Protective Liability
Insurance.
o Should any required insurance lapse during the contract
term, requests for payments originating after such lapse
shall not be processed until the City receives satisfactory
evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is;
not reinstated, city may, at its sole option, terminate\
this agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REOUIREMENTS:
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:
APPROVED 12-18-91
Insurance Requirements
Page 3
[x] A. General Liabilitv Insurance:
General Liability insurance with combined single limits of
not less than $1,000,000 shall be provided and
maintained by the contractor. The policy shall be written
on an occurrence basis either in a single policy or in a
combination of underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG OOO~
current edition) is used:
-
o Coverage A shall include premises, operations,
products, and completed operations, independent
contractors, contractual liability covering this
contract and broad form property damage coverages.
o Coverage B shall include personal injury.
o Coverage C, medical payments, is not required.
If the Comprehensive General Liability form
0002 Current Edition and ISO Form GL 0404)
shall include at least:
o Bodily injury and Property Damage Liability for
premises, operations, products and completed
operations, independent contractors and property
damage resulting from explosion, collapse or
underground (XCU) exposures.
(ISO Form GL
is used, it
o Broad form contractual liability (preferably by
endorsement) covering this contract, personal injury
liability and broad form property damage liability.
[x] Automobile Liabilitv Insurance:
comprehensive or Business Automobile Liability insurance shall
be provided by the Contractor with limits of not less than _!
$1,000,000 per occurrence either in a single policy or in a \
combination of underlying and umbrella or excess policies.
The policy will include bodily injury and property damage
liability arising out of operation, maintenance or use of any
auto, including owned, non-owned and hired automobiles and
employee non-ownership use. (ISO Form CA OOO~ Current
Edition)
APPROVF.ll l?-lR-Ql
Insurance Requirements
'Page 4
[x] Workers comDensation 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 Liabilitv 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 Leaal Liabilitv Insurance
coverage is required if Broad
provided or is unavailable
contractor leases or rents a
Limits of not less than
required.
form General Liability is not
to the contractor or if a
portion of a City building.
each occurrence are
[] professional 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.
APPROVED 12-18-91
Insurance Requirements
. Page 5
[] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the
completed value shall be provided. Such policy shall include
as "Named Insured" the city of Denton and all subcontractors
as their interests may appear.
[] Additional Insurance
other insurance may be required on an individual basis for
extra hazardous contracts and specific service agreements. If
such additional insurance is required for a specific contract,
that requirement will be described in the "Specific
Conditions" of the contract specifications.
OOOED
!
\
APPROVED 12-18-91
3
LIJ.lDe2.-.s~G Cottsr, Co') IIJC-
10 eo" f(07'l..
BID PROPOSAL "''''''r- IH""rli "rv ..,,- r J'7
r\YIt 1I\ll..r), "I I l'- I t:I q-
1. Material, labor, supervision. tools and equipment necessary
for the construction of the Cast-in-Place concrete foundations
according to the attached plans. Estimated quantity of
cubic yards on concrete:
476 1f. Chain Link Fence
DO
Unit price $ It.. - If.
Total $ 57J2- .aD.
Two a-foot gates
$ 7740!! /gate
00
Unit price $ }..74--
Total ~1"~4---
X> IAloKILI IJ ~ t>>.~5
/
If.
Price
176 1f. Cast-in-place concrete
Days to complete project
All other charges
Total
$
$
54;J16
---
The bidder submitting the lowest acceptable bid for performing the
new construction project will fill in the blanks when executing the
contract. The total bid and the total for the statement of
"Materials and Other Charges" should be the same.
BP - 1
ot~-I5''G
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF DENTON
s
s
~HIS AGREEMENT, made and entered into this
15
day of
SEPTEMBER
A.D., 19~, 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
ATKINS BROTHERS EOUIPMENT CO.. INC.. 918 W. MARSHALL. GRAND PRAIRIE. TX 75051
of the City of r.RANn PRATRTE
, County of
nAT,T.A~
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 # 1412 - PAYNE & PEAK STREET WATER SEWER in the amount $92,984.00
(SECTION C)
and all extra work in connection therewith, under the terms as
stated in the General Conditions of the agreement; and at his (or
their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor,
insurance, and other accessories and services necessary to complete
the work specified above, in accordance with the conditions and
prices stated in the Proposal attached hereto, and in accordance
with all the General Conditions of the Agreement, the special
Conditions, the Notice to Bidders (Advertisement for Bids),
Instructions to Bidders, and the Performance and Payment Bonds, all
attached hereto, and in accordance with the plans, which includes
CA - 1
all maps, plats, blueprints,
written explanatory matter
and other drawings and printed or
thereof, and the Specifications
therefore, as prepared by (,T'I'V n.. nm1'l'm. mIr.:T....I<RTNr. nEPAR'I'MF.N'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
Dento~, Texas, for the p~rposes of ,income tax, withholding, social
secur~ty taxes, vacat~on or s~ck leave benefits, worker's
compensation, or any other City employee benefit. City shall not
have supervision and control of Contractor or any employee of
Contractor, and it is expressly understood that Contractor shall
perform the services hereunder according to the attached
specifications at the general direction of the city Manager of the
City of Denton, Texas, or his designee under this agreement.
Indemnification
Contractor shall and does hereby agree to indemnify and hold
harmless the City of Denton from any and all damages, loss, or
liability of any kind whatsoever, by reason of injury to property
or third persons occasioned by any error, omission or negligent act
of Contractor, its officers, agents, employees, invitees, and other
persons for whom it is legally liable, with regard to the
performance of this Agreement, and Contractor will, at its cost and
expense, defend and protect the City of Denton against any and all
such claims and demands.
Choice of Law and Venue
This agreement shall be governed by the law of the state of
Texas and venue for its construction and enforcement shall lie in
the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the
date established for the start of work as set forth in written
notice to commence work and complete all work within the time
stated in the Proposal, subject to such extensions of time as are
provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the Proposal, which forms a part of this
contract, such payments to be subject to the General and Special
Conditions of the Contract.
CA - 2
IN WITNESS WHEREOF, the parties of these presents have
executed this agreement in the year and day first above written.
ATTEST:
~~~ /{ L//,,~
~ (!Z<j!YfJ~4d~~,
~.
By
(SEAL)
ATTEST:
fllr'fii" ;;A P#J/
Jr0d~-nAI6
(S~L)
APPROVED AS TO FORM:
CA - 3
PERFOR...\1ANCE BOND
STATE OF TEXAS
COUNTY OF
DENTON
s
s
INC.
KNOW ALL MEN BY THESE PRESENTS: That ATKINS BROS EOUIPMENT CO.,
, of the City of r.R"Nn PR"TRTE
, and State of TEXAS
West American Insurance Company
County of D~
as PRINCIPAL, and
, as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are
held and firmly bound unto the THE CITY OF DENTON
as OWNER, in the penal sum of NINTY TWO THOUSAND NINE HUNDRED EIGHTY FOUR
and nO/l00-------------_____________ Dollars ($ q:> qR4 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 15 day of SEP'I'1<MRI<R
19~, for the construction of BID #141:> - P"VlITl< JO PI<"'" <:'I'RI<I<'I' w"....."
SEWER in the amount of $92,984.00 (SECTION C)
which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such, that
if the said principal shall faithfully perform said Contract and
shall in all respects, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and
performed, and according to the true intent and meaning of said
Contract and the Plans and Specifications hereto annexed, then this
obligation shall be void; otherwise to remain in full force and
effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised civil Statutes of Texas
as amended by acts of the 56th Legislature, Regular Session, 1959,
and all liabilities on this bond shall be determined in accordance
with the provisions of said Article to the same extent as if it
were copied at length herein.
PB - 1
PROVIDED FURTHER, that if any legal ac~ion be filled upon this
bond. venue shall lie in DENTON County, state of
Texas.
surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in 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 15th day of September
19~.
A'IKINS BROS. EQUIPMENT CO. ,
By /illL
INC.
West American Insurance Company
Surety
,<7 \ 1
clJI ~
Title Attomey-in-fact
Title
President
Address: 918 W. Marshall
Grand Prairie, Tx. 75051
Address: 1638 Osprey
DeSoto, Tx. 75115
~
,
(SEAL~
(SEAL)
~
~
The name and address of the Resident Agent of surety is:
Ray'Watson 1638 Osprey DeSoto, Tx. 75115
NOTE: Date of Bond must not be prior to date of Contract.
PB - 2
CERTIFIED COpy OF POWER OF ATTORNEY
WEST AMERICAN INSURANlCre COMPANY
ADMINISTRATIVE OFFICE. HAMILTON. OHIO
No. 369
1\1\l1l1l i\1I .lIIIIfU hI! llJllfM :JjffIlfUt.1l:
of ;Juthority granted by Article VI. Section 1 of tho
That WEST AMERICAN INSURANCE COMPANY, in pursuance
By-Laws of said Company, does hereby nominate, constitute and appoint:
Roy Watson or Fonda Watson - - - - - - - - - - - - - of
Dallas, Texas - - - - - - -
liS trllf~ ;:Jnn lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety. and as
It<; act and deed any and all BONDS. UNDERTAKINGS. and A ECOGNIZANCES. not exceeding in any single instance
~,IX MILLION - - - - - - - - - - - - - - - - - - - - - - - 1$ 6,000 000.00 -) Dollars,
pxdWllnfL howevor, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon
^nd tile (!xccution of '3uch bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,
a, fully .:Jnd umpty, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected
offlC('r:'; of the Company at its office in Hamilton. Ohio. in their own proper persons.
I hry 8IJthority granted hereunder supersedes any previous authority heretofore granted the above Ilamed attorney(s}-in-facto
,"""'''''''1"
"",~~,\ 'II$/jl/"~',
,-'';:' .' . !p"-',
. '-.:"'v ...,~'POh~o.t<",\
'-,~':;" ~\-;.~
:.;.:.- 1923 o'.';~
.,.' ,..:Sf
,(' '. "',-"
'?"/IIJCRll\~,,,,"
'."",,,..."
IN WITNESS WHEREOF, the undersigned officer of the said West Amerlo,n
Insurance Company has hereunto subscribed his name ',and affixed the Corporate Seal of the
said West American Insurance Company t\hiS '8);]1-1 -'J~...Pj /1 ~~ary,/ 19 88.
y(;,~i/XfX?~",</
o 0 . . . . . j;}#:~ 0 . . 00 0 . ~o 0 . . 0 0 000 0 000 . 0 . 0 . 0 . . , .
I
, Asst. Secretary
ST^F OF OHIO,
c:nU~TTY OF BUTLER
} ss.
On this
8th
day of
February
A, D, 19 88 before
Ih0 suhscriber. <) Notary Public of the State of Ohio. in and for the County of Butler. duly commissioned and Qualified, cama
Tl10111aS W. Hi ldebrand, Asst. Secretary - - - - of WEST AMERICAN INSURANCE COMPANY, to me
pn1,onillly known to bp. the individual and officer described in. and who executed the preceding instrument. and he acknow-
IndCJI}(1 thl) execution of tho same. and being by me duly sworn deposeth and saith. that he is the officer of the Company
.lfnrn~nid. nnd that the seal affixed to the precoding instrumont is the Corporate Seal of said Company. and the said Corporate
';n.i1 und his signatJre as officer were duly affixed and subscribed to the said instrument by the authority and direction of the
,;"id Corporation.
",\\\"l1lurlt',!/~1.
~"/''\o.",\~.1!_t_8-l1 ~~
j! ,<,~I/!i;", ~
::- ~ :'/.'~~\* ~
::: ,,:.\~~:, '~ff1~\.f g
~;. ~.;}> ;:~i~'::"~~ $
';'~,/ c~rjHi;, /o,'~~
"/111/J"llI\\\\\\\\\
IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official
Seal at tho City of Hamilton. State of Ohio. the day and year first above written.
~s~~::~~: 'Pub;;c' in and .l~ OU~I~ ~hi~'
My Commission exJ; es ..." ,Dec!2J1Jber, ,25.. .1.9.91 .
rill, p0wcr of attorney is granted under and by authority of Article VI. Section 1 of the By.Laws of the Company. extracts
ffnfll which rend:
ARTICLE VI
S'~CTION 1, APPOINTMENT OF RESIOENT OFFICERS, The Chairman of the Board, the President, any Vice President, a
:~"(;fctilry. or ;my Assistant Socretary shall be and is hereby vested with full power and authority to appoint anyone or more
,.lliT:Jbl') pr:rsons as a resident Vice President or a resident Assistant Secretary. or to appoint attorneys in fact for the purpose
"f '>I0ning the name of the corporation as surety or guarantor. and to execute. attach the corporate seal. acknowledge and
~1"1iver any ilnd all bonds. recognizances. stipulations. undertakings or other instruments of surety-ship or guarantee, and pol-
Ici('c; 0' in:;ur,lOce to bo given in favor oran individual. firm. corporation. or the official representative thereof. or to any county
N ',t<1t'), or any official board or boards of any county or state. or the United States of America. or to any other political sub-
divi':iOI1,
Thi~; iw;trumcnt is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the
C<mlpiJilY on April 24, 1980.
RESOLVJ;O. That the signature of any officer of the Company authorized by Articlo VI. Section I. of the By-Laws to appoint
;lttorn0'1S in ('Jet. the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power
of "Horney und the seal of the Company' may be affixed by facsimile to any power of attorney or copy thereof issued on behalf
of th8 Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal. to be valid
(lnd binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATE
I. the 'JIl<lf!rslgncd ASSistant Secretary of West American Insurance Company. do hereby certify that the foreaoina power
or 1tto'ncy. Article VI SectIOn 1 of the by-laws of the Company i;lnd the above Ael;iolution of its 60ard of Directors are true
;Flrf CQrrOGt copies and are in full force and effect on this date.
IN VvlTr<.JESS WHEREOF, I have hereunto set my hand and the seal of the Company this15tOday of Sept. Ao Do. 1992
,,''''''''''',
.f~~~~ \ MS,~I rJ;:-,.-"
~~::1~)
~~/
Assistant Seoretarv
PAYMENT BOND
STATE OF TEXAS
COUNTY OF
DENTON
s
s
KNOW ALL MEN BY THESE PRESENTS: That ATKINS BROS. EQUIPMENT
of the City of GRAND PRAIRIE
County of D~ , and the State of TEXAS
as pr incipal, and West American Insurance Company
authorized under the laws of the State of Texas to act as surety on
bonds for principals, are held and firmly bound unto THE
CITY OF DENTON , OWNER6 in the penal sum of
nol 10
NINTY TWO THOUSAND NINE HUNDRED EIGHT FOUR and Dollars ($ 92,984.00 )
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 15 day of SEPTEMBER
19 92
BID # 1412 - PAYNE & PEAK STREET WATER SEWER (SECTION C)
to which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall pay all claimants supplying labor
and material to him or a subcontractor in the prosecution of the
work provided for in said contract, then this obligation shall be
void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to
the provisions of Article 5160 of the Revised Civil Statutes of
Texas as amended by the acts of the 56th Legislature, Regular
Session, 1959, and all liabilities on this bond shall be determined
in accordance with the provisions of said Article to the same
extent as if it were copied at length herein.
PB - 3
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 15t'L day of September
19~
ATKINS BROS. EQUIPMENT CO. ,
By iJ71&
INC.
West American Insurance Company
Surety
(jr~ M-
Title Attorney-in-fact
Title
President
Address: 918 W. Marshall
Grand Prairie, IX. 75051
Address: 1638 Osprey
DeSoto, IX. 75115
"
(SEAL)
(SEAL)
The name and address of the Resident Agent of Surety is:
Ray Watson 1638 Osprey DeSoto, IX. 75115
PB - 4
CERTIFIED COpy OF POWER OF ATTORNEY
WEST AMERICAN INSURANlCJE COMPANY
ADMINISTRATIVE OFFICE, HAMilTON, OHIO
No. 369
1'\1111111 All .!JIIlru hll llll)rnr Jre.!1elltn: That WEST AMERICAN INSURANCE COMPANY, in pursuance
01 iJuthority granted by Article VI, Section 1 of the By-laws of said Company. does hereby nominate, constitute and appoint:
Ray WJtson or Fonda Watson - - - - - - - - - - - - _ of
Dallas, Texas - - - - - - -
lis trlliJ (lnd lawful agent and attorney -in-fact, to make. execute, seal and deliver for and on its behalf as surety. and as
It'; ae! and deed any and all BONDS. UNDERTAKINGS. and A ECOGNIZANCES. not exceeding in any single instance
SIX MILLION - - - - - - - - - - - - - - - - - - - - - - - ($ 6 000 000.00 -) Oollars,
r>xr:Juding. however, <Jny bond(s) or undertaking(s) guaranteeing the payment of notes and int~rest thereon
^nd lhe execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company.
,v; fully [ll'ld amply, to all intents and purposes. as if they had been duly executed and acknowledged by the regularly elected
officer,; of tho Company at its office in Hamilton, Ohio, in their own proper persons.
Th'1 <:l'Jthority granted hereunder supersedes any previous authority heretofore granted the above Darned attorney(s)-in~fact.
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IN WITNESS WHEREOF. the undersigned officer of the said West Amerivan
Insurance Company has hereunto subscribed his name ',and affixed the Corporate Seal of the
said West American Insurange companYstthiS/'~)lr,:;-~(/ ~~a/ 19 88.
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! Asst. Secretary
STAT! OF OHIO,
COUN ry OF BUTLER
} SS.
On this
8th
day of
February
A, D. 19 88 before
tfll' sUhscrJbcr, a Notary Public of the State of Ohio, in and for the County of Butler. duly commissioned and Qualified. came
Thomas W. Hildebrand. Asst. Secretary, - - - - of WEST AMERICAN fNSURANCE COMPANY. to me
pel <;ol1::1l1y known to be tho individual and officer described In, and who executed the preceding instrument, and he acknow~
IrdgC(1 the execution of the same, and being by me duly sworn deposeth and saith. that he is the officer of the Company
~lf('lfcs;Jid, <Jnd that the seal affixed to the preceding instrument is the Corporate Seal of said Company. and the said Corporate
r;')~11 D'ld his signal.Jro as officer were duly affixed and subscribed to the said instrument by the authority and direction of the
;"Hd Corporation.
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IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Officiaf
Seal at the City of Hamilton. State of Ohio. the day and year first above written.
ou~tY~hi~.
,..., ,Decr2mber, ,25.. .1.991.
I Ill'; p')Wf'r of attorney is granted under and by authority of Article VI. Section 1 of the By-Laws of the Company. extracts
II'lrfl \\Ihir;h read:
ARTICLE VI
sr:CTION 1. APPOINTMENT OF RESIOENT OFFICERS. The Chairman of the Board. the President, any Vice President, a
;;"'Nct,lrY, or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint anyone or more
~Uil{lblq pi;rsons as a resident Vice President or a resident Assistant Secretary, or to appoint attorneys in fact for the purpose
of :;igning the name of the corporation as surety or guarantor. and to execute, attach the corporate seal. acknowledge and
drl'ver allY and all bonds, recognizances, stipulations, undertakings or other instruments of surety-ship or guarantee. and pol-
icies of in:;umnce to be given in favor oran individual, firm. corporation. or the official representative thereof, or to any county
('If ~;tat." or <:lny official board or boards of any county or state, or the United States of America. or to any other political sub-
(livision.
Till:; i(1strumcnt is signod and sealed by facsimile as authorized by the following Resolution adopted by the directors of the
Compa'lY on April 24, 1980.
Rf:SOLVED, That the signature of any officer of the Company authorized by Article VI, Section I. of the By~Laws to appoint
;:lltf)rnevS In f<:lct. the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power
or ;'ttorney and the seal of the Company' may be affixed by facsimile to any power of attorney or copy thereof issued on behalf
of the Company. Such signatures and seal are hereby adOPted by the Company as original signatures and seal, to be valid
,:md binding upon the Company with tho same force and effect as though manually affixed.
CERTtFICA TE
I. lho 'JndC'rsigned Assistant Secretary of West American Insurance Company, do hereby certify that the foregoing power
of ,\ttQlncy. Article VI Section 1 of the by-laws of the Company and the above Resolution of its Board of Directors are true
nn(1 cor reel copies and are in full force and effect on this date.
IN '^JIT'JlSS WHEREOF, I have hereunto set my hand and the seal of the Company this15thday of Sept. A, D.. 1992
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Alli.tlllnt S80retlllry
MAINTENANCE BOND
THE STATE OF TEXAS S
COUNTY OF DENTON S
KNOW ALL MEN BY THESE PRESENTS: That ATKINS BROS. EQUIPMENT
as Principal, and West American Insurance Company
a corporation authorized to do business in the State of Texas, as
Surety, do hereby acknowledge themselves to be held and bound to
pay unto the City of Denton, a Municipal Corporation of the State
of Texas, its successors and assigns, at Denton, Denton County,
Texas, the sum of NINE THOUSAND TWO HUNDRED NINTY EIGHT and 40/100---------
Dollars ($ 9,298.40 ), ten (10%) percent of the total amount of
the contract for the payment of which sum said principal and surety
do hereby bind themselves, their successors and assigns, jointly
and severally.
This obligation is conditioned, however, that:
WHEREAS, said ATKINS BROS. EQUIPMENT
has this day entered into a written contract with the said City
of Denton to build and construct BID #1412 - PAYNE & PEAK STREET"
WATER SEWER (SECTION C)
which contract and the plans and specifications therein mentioned,
adopted by the city of Denton, are filed with the City Secretary of
said city and are hereby expressly incorporated herein by reference
and made a part hereof as though the same were written and set out
in full herein, and;
WHEREAS, under the said plans, specifications, and contract,
it is provided that the Contractor will maintain and keep in good
repair the work therein contracted to be done and performed for a
period of one (1) year from the date of acceptance thereof and do
all necessary backfilling that may become necessary in connection
therewi th and do all necessary work toward the repair of any
defective condition growing out of or arising from the improper
construction of the improvements contemplated by said contractor on
constructing the same or on account of improper excavation or
backfilling, it being understood that the purpose of this section
is to cover all defective conditions arising by reason of defective
materials, work, or labor performed by said contractor, and in case
the said Contractor shall fail to repair, reconstruct or maintain
said improvements it is agreed that the city may do said work in
MB - 1
accordance with said contract and supply such materials and charge
the same against the said Contractor and its surety on this
obligation, and said Contractor and surety shall be subject to the
damages in said contract for each day's failure on the part of said
Contractor to comply with the terms and provisions of said contract
and this bond.
NOW, THEREFORE, if the said Contractor shall perform its
agreement to maintain said construction and keep same in repair for
the maintenance period of one (1) year, as herein and said contract
provided, then these presents shall be null and void and have no
further effect; otherwise, to remain in full force and effect.
It is further agreed that this obligation shall be a
continuing one against the Principal and Surety and that successive
recoveries may be had hereon for successive breaches of the
conaitions 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 A'IKINS BROS. EOUIPMENT CO., INC.
as Contractor and Principal, has caused these presents to be
executed by Mike Atkins, President
and the said West American Insurance Company
as surety, has caused these presents to be executed by its
Attorney-in-Fact Ray Watson
and the said Attorney-in-Fact has hereunto set his hand this 15th
day of September , 19 92
SURETY:
surance Company
PRINCIPAL:
A'IK~OS-AEQU~. ,
/ ~ a
INC.
BY:
Ray Watson
Attorney-in-Fact
Mike Atkins, President
MB - 2
CERTIFIED COpy OF POWER OF ATTORNEY
WEST AMERICAN INSURANtCE COMPANY
ADMINISTRATIVE OFFICE. HAMilTON. OHIO
No. 369
1'(IILlIlI All ,llllbn hl1 llJi)PlIP :pfl'lIpntll: That WEST AMERICAN INSURANCE COMPANY, in pursuance
of authority granted by Article VI. Section 1 of the 8y~laws of said Company, does hereby nominate, constitute and appoint:
Ray Watson or Fonda Watson - - - - - - - - - _ _ _ _ of
Dallas, Texas - - - - - - -
11$ true iJnd lawful agent and attorney .in.fact. to make. execute, seat and deliver for and on its behalf as surety. and as
,ts act and deed any and all BONOS, UNDERTAKINGS. and RECOGNIZANCES, not exceeding in any single instance
SIX MILLION - - - - - - - - - - - - - - - - - - - - - - - ($ 6,000 000.00 _) Dollars,
oxdu.:Jlng, however. any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon
^nn the execution of such bonds or undertakings in pursuance of these presents. shall be as binding upon said Company.
B'; fully and amply, to all intents and purposes. as if they had been duly executed and acknowledged by the regularly elected
offIcer'" of tho Company at its office in Hamilton. Ohio. in their own proper persons.
Th<J 1]llthorlty granted hereunder supersedes any previous authority heretofore granted the above flamed attorney(s)-in.fact.
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IN WITNESS WHEREOF, the undersigned officer of the said West Amerioan
Insurance Company has hereunto subscribed his name iand affixed the Corporate Seal of the
said West American Insuran90 Company thi:/;~~~~~/ 19 88.
.,..".jf",...,..",..,..,.......,.,."..,.
Asst. Secretary
STATE OF OHIO,
COUNTY OF BUTLER
} SS,
On this
8th
day ot
February
A. 0, 19 88 before
tho subscriber. a Notary Public of the State of Ohio. in and for the County of Butler, duly commissioned and qualified, came
Thomas W. Hi ldebrand, Asst. Secretary - - - - of WEST AMERICAN INSURANCE COMPANY. to me
norsonally known to be the individual and officer described In, and who executed the preceding instrument, and he acknow-
!(>dged the execution of the same, and being by me duly sworn deposeth and salth, that he is the officer of the Company
<tfores;tid. and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate
Seal and his signal...lre as officer were duly affixed and subscribed to the said instrument by the authority and direction of the
.said Corporation.
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IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official
Seal at the City of Hamilton. State of Ohio, the day and year first above written.
(signed) A "'12 0 t?
ou~t~~~h'i~'
s ,.", .Oecember, .25., .1.9.91.
ThiS p')wcr of attorney is granted under and by authority of Article VI. Section 1 of the By.Laws of the Company, extracts
from which read:
ARTICLE VI
S',CTION 1, ApPOINTMENT OF RESIOENT OFFICERS. The Chairman of the Board, the President, any Vice President, a
Sccretnry, or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint anyone or more
SlJit<lbl'1 pNsons as a resident Vice President or a resident Assistant Secretary, or to appoint attorneys in fact for the purpose
of ::Igning the name of the corporation as surety or guarantor, and to execute. attach the corporate seal. acknOWledge and
drl!vcr any and all bonds. recognizances. stipulations. undertakings or other instruments of surety-ship or guarantee. and pol-
ICICS of in.surancc to be given in favor of'an individual, firm. corporation, or the official representative thereof. or to any county
or stato. or any official board or boards of any county or state. or the United States of America. or to any other political sub-
division.
This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the
CompiJrlY on April 24, 1980.
Rr:SOLVED. That the signature of any officer of the Company authorized by Article VI, Section I. of the By-Laws to appoint
.::'ltorncys in fact. the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power
of "ttorney and the seat of the Company. may be affixed by facsimile to any power of attorney or copy thereof issued on behalf
of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid
;,>nd binding upon the Company with the same force and effect as though manually affixed.
CERTfFICA TE
I. the undersigned Assistant Secretary of West American Insurance Company, do hereby certify that the foregoing power
of "UQ,ncy. Article VI Section 1 of the by-la\NS of the Company and the above Resolution of its Board of Directors are true
and correct copies and are in full force and effect on this date.
,
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this15thday of Sept. A, 0.. 1992
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Aniatent Searetlry
CITY OF DEJ."WON
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
endorsements as prescribed and provided herein. If an apparent low
bidder fails to comply strictly with the insurance requirements
that bidder may be disqualified from award of the contract. opo~
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 openinq, 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 !:leen accepted, approved, and sigue4 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 thro~ghout the duration of the Contract, or
longer, if so noted:
o Each policy shall be issued by a company authorized to do
business in the stateAof Texas with an A.M. Best Company
rating of at least __ .
o Any deductibles or self-insured retentions shall be
declared in the bid proposal. If requested by the City,
the insurer shall reduce or eliminate such deductibles or
5elf-imiured retentions with respect to the city, its
officials, agents, employees and volunteers; or, the
CI - 1
contractor shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and
defense expenses.
o Liability policies shall be endorsed to provide the
following:
00 Name as additional insured the City of Denton, its
Officials, Agents, Employees and volunteers.
00 'That such insurance is primary to any other insurance
available to the addit~onal insured with respect to
claims covered under the policy and that this insurance
applies separately to e~ch insured against whom claim is
made or suit is brought. The inclusion of more than one
insured shall not operate to increase the insurer' 5
limit of liability.
o
All policies shall be endorsed to provide
prior written notice of cancellation,
reduction in coverage.
thirty(30) days
non-renewal or
o Should any of the required insurance be provided under a
claims-made form, Contractor shall maintain such coverage
continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the
contract expiration, such that occurrences arising during
the contract term which give rise to claims made after
expiration of the contract shall be covered.
o Should any of the required insurance be provided under a
form of coverage that includes a general annual aggregate
limit providing for claims investigation or legal defense
costs to be included in the general annual aggregate limit,
the contractor shall either double the occurrence limits or
obtain Owners and Contractors Protective Liability
Insurance.
o Should any required insurance lapse during the contract
term, requests for payments originating after such lapse
shall not be processed until the city receives satisfactory
evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is
not reinstated, city may, at its sole option, terminate
this agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REOUIREKENTSr
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 specirications throughout the duration of the Contract,
or longer, if so noted:
eI - 2
. [X] General Liabilitv Insurance:
General Liability insurance with combined single limits of not
less than $500.000 shall be provided and maintained by the
contractor. The policy shall be written on an occurrence
basis either in a single policy or in a combination of
underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001
current edition) is used:
o Coverage A shall include premises, operations, prOducts
and completed operations, independent contractors'
contractual liability covering this contract and broad
form property damage coverages.
o Coverage B shall include personal injury.
o Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002
Current Edition and ISO Form GL 0404) is used, it shall
include at least:
o Bodily ~nJury and Property Damage Liability for
premises, operations, products and completed operations,
independent contractors and property damage resulting
from explosion, collapse or underground (XCU) exposures.
o Broad form contractual liability (preferably by
endorsement) covering this contract, personal injury
liability and broad form property damage liability.
[X] Automobile Liabilitv Insurance:
Comprehensive or Business Automobile Liability insurance shall
be provided by the Contractor with. limits of no~ less than
~OOjOOOS1.eou.ooo per occurrence either in a sinqle policy'or in a
'~COmbination of underlying and umbrella or excess policies.
. . The policy will include bodily injury and property damage
liability arisinq out of operation, maintenance or use of any
auto, includinq owned, non-owned and hired automobiles and
employee non-ownership use. (ISO Form CA 0001 CUrrent
Edition)
[X] Workers coma.nBation Insuranc.
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
CI - 3
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.
., .
CI - 4
......11 Vr' Uc;ftlVll'l
Name-and Address of Agency City of Denton Reference:
I ~. ~ 'hnf' '~ . ' ~. " '11 ~ (' p Project Name: ~l.::, vn~! " ~~i.:.:eet ~later
..."'<....."" ~ -, dH L ., r .',,-,!:.
1'. ~}rH -"'J'~?' ) " Project No: :...r~i/cr
.
, ,~. . ~,~ . .1 . Pllone , .' " . . . "- Project Location:
,. ..
Managing Dept:
-------------------------------- - ------------------
Name and Address of Insured: Companies Affording Coverage:
t~tx~.~... f< ' . ~ , , . , "'w :,. A it . , , l. ,
, , . 8 -\ '.~ ,\ \~. . 't.;..1 ~,.;;lcd ",\ 1 O:it
, . , .,.
I, :" ;~. .... 1 . ft'- , Pllone .' . , .~ _. l ~ '}'J C
This is to certify that: 1) Policies of insurance listed below have been issued and are in force at this t"
"
2) The City of Denton is listed as an additional insured as to all applicable coverag..
Company Tv"e of pollcv NlI'Iiler Expiration Limits of Li~il\~y
Letter Insurance Date In Thousands 000
'. Comprehensive General Liabi lity " ;)') .. ~ '1 - ." Occurrer
.. . h , _ .:,
. Occurrence
- Claims Made (see 14-Page CI-4) 80dily Injury $
8road Fonn to Include: Property Damage $
~ PremiseS/Operations
:i; Independent Contractors
~ Products/Completed Operations Bodily injury and Property $l,..luo.
.' Personal injury Damag. Canained
~ Contractual Liability(see 13-Page CI-4)
- Explosion and Collapse Hazard
Z Underground Hazard
- Liquor Liability Coverage
~ Fire Legal LiabIlity (see l5-Page CI-4)
"8road Fonn Property Damage
----------------- - ---- ---------
- Profess i ona 1 Errors/Qniss ions
- occurrence
- claims made (see 14-Page CI-4)
, Comprehensive Automobil. .J~ 80dily Injury/Person f
Liability .. ' .. .. .. , -Bodily InJury/Accident
------- .
~'OWned/Leased Automobiles Property Damag. $
... NOn-owned Autanabi les - - --- -
~'Hired Autanabiles Bodil y Injury/Property 7 J)U t
Damag. Coni) i ned $
- WOrltlrs' C~utlon and '" ';; t.: t..4 1. .t,':.,. (Jt~ ;,~l \'.:. Statutory Amount
1 '.i ~ , J~ .'" .: ..~..:] ,ill"
~~ ~loy.rs' L iblllty iH} , -' $
, , , 0 ~! !li I J t ft v ~ eacn accloent
- owners' Protective Llibillty $
'~ ..... ~ .i~ ......1 0'-' .- 14,\J\;VI
, Oth.r Insurance .., ",. J'" i~ ;.~i!p17::.'1'.; O'j~ :,...j.';....., :; ,j.j', : ; - 2.0.:JU.
- t...i 1\;.'.;...;..,.....;. (
-
Description of Operations/Locitlons/V.hlcl.s. non-ren_I, or material chang. in coverage.
Each policy shall require thirty (30l days notice of cancellation,
(Se. 12. Page CI-4). ... " ." . _'
N_ and address of C.rtlflcate Hold....
CITY OF DENTON, TEXAS
PURCHASING AGENT
901-8 TEXAS Sf.
DENTON. TEXAS 76201
00451
~{~~NVE
SEE DEFINITIONS ON PAGE CI-4 ATTACHED.
CI - 5
DEFINITIONS
1.
ADDITIONAL INSURED: The City of Denton,
appointed officials, officers and employees.
apply to Worker's Compensation.)
its elected and
(This does not
2. NOTICE OF CANCELLATION: Each policy shall require that thirty
(30) days prior to the cancellation, non-renewal or any
material change in coverage, a notice thereof shall b~ given to
owner by certified mail. If the policy is cancelled for
non-payment of premium only ten (10) days written notice to
owner is required.
3. CONTRACTUAL COVERAGE: (Liability assumed by contract or
agreement, and would not otherwise exist.) The contractual
liabili ty requirement shown on the reverse side of this
Certificate of Insurance under Comprehensive General Liability,
must include a definition of coverage broad enough to provide
coverage for obligations assumed by the contractor in the
referenced contract. This Certificate of Insurance is provided
as required by the governing contract.
4. CLAIMS MADE POLICY FORM': Required period of coverage will be
determined by the following formula: Continuous coverage for
the life of the contract, plus one year (to provide coverage
for the warranty period), and a extended discovery period for
a minimum of five (5) years which shall begin at the end of the
warranty period. '
5. FIRE LEGAL LIABILITY: (Required in all contracts that involve
the occupancy, construction or alteration' of City-owned or
leased facilities). Insurance is to cover buildings, contents,
(where applicable) and permanently installed equipment with
respect to property damage to structures or portions of
structures if such damage is caused by the peril of fire and
,due to the operations of the contractor. Limit of liability is
to be a minimum of $500,000.
6. OWNER: The term owner shall include all authorities, boards,
bureaus, commissions, divisions, departments, and offices of
the owners, and individual members, employees, and agents
thereof in their official capacities, and/or while acting on
behalf of the owner.
CI - 6
Replace Misc. Water Lines 1991
BID NO.
PO NO.
1412
BID TABULATION SHEET
ITEM DESCRIPTION QUANTITY UNIT WIT PRICE TOTAL
2.12-A 6" Water Line 7,148 LF S lP..j0 142,960.0
1
2.12-8 12" Waterline (for Casing) 40 LF S 35.00/LF 1,400.00
1..-
2.12-0 6" Ductile Iron Water Line 82 LF S 35.00 ILF 2,870.""
-,
~
2.16 Water Service 158 EA $ ""6,00 ~;7~fl=qf-
J6J.DD ,tEA J.cl. lliJ.t;
'-f -B.~.
2.13.1-A 6" Gate Valve 18 EA S 343.00 lEA 6,174.""
~
7.6-A 4 Man Hole (4 feet deep) 3 EA S 1,102."" lEA 3,306.00
.
/'
2.14-A Fire Hydrant 7 EA $ 979."" lEA 6,853.""
'1
3.B Remove Curb & Gutter 76 LF S 6.00/LF 456.""
'(
8.2-A Concrete Curb & Gutter 76 LF S 19.00 ILF 1,444.00
Cf
SP-2 Saw Cut Concrete 76 LF $ 3.00 ILF 22B.00
10
6.4 12" Bore 82 LF S 147.00 ILF 12,054.00
II
SP-40 Cut & Plug Existing Water 19 EA $ 306.00 lEA 5,814.00
/1.., Line
SP-37 Excavation Protection 500 LF $ 10."" ILF 5,000.""
!~
1.21 Contractors Warranties and - LS S 13,464."" ILS 13,404.""
14 Understandings
SP-I0 Rock Excavation . 50 CY S 25."" ICY 1,250.""
)~
SP-41 Sawcut Asphalt 10,608 LF $ 1."" ILF 10,608.00
It,.
3.1 Preparation of - LS $ 6,120. "" ILS 6,120.""
''7 Right-of-Way
I,
SP-39 Project Signs 2 EA S 306.00 lEA 612.00
19-
8.1 Barricad.., Warning Signs - LS S 7,344.00 ILS 7,344.00
/Cf and Detours
2.12.8 Cast Iron Fittings 1,500 LB $ 2.00 ILS 3,000.00
;(J
2.l2-C :"Z. I 6" SOR 26 Sanitary Sewer 120 LF $ 31. 00 IL" 3,720.00
.1;.
P - 3
Reolace Misc. Water Lines 1991
(Continued)
WORK DAYS 65
8I:I NO. 1412
?O NO.
BID TABULATION SHEET
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
Materials incorporated if:.: 1/ ~ V{/C;
<
into project plus labor . $ H . "711,..:.
Other $ I ~~} "'IS">7'
Total $~!r ;/D'" ( '"
h
- -.y,,( . ~"'0~~
,
,
I
P - 4
1412
Payne Drive Water Line
BID NO.
PO NO.
BID TABULATION SHEET
ITEM DESCRIPTION QUABTITY UNIT WIT PRICE TOTAL II
2.12-B 12" Water Line 1,336 LF !a. 00 ILF 5 ,768.00
1
2.12-E 12" Ductile Iron pipe 99 LF $ 47.00 ILF 4,653.00
l...
2.14-B Fire Hydrant Connection 1 EA $ 673.00 lEA 673.00
:2
2.13.1-B 12" Valve 1 EA $ 857.00 lEA 857.00
4
2.14-A (- Fire Hydrant 2 EA ',346.00 lEA 2,692.00
~
6.4 20" Bore 99 LF $ 228.00 ILF 22,572.00
b
sp-40 cut and Plug Existing 1 EA $ 306.00 lEA 306.00
'7 Water Line
SP-41 '6 Sawcut Asphalt 2,574 LF $ 1.00 ILF 2,574.00
1.21 Contractors Warranties and - LS ~,386.00 ILS 5,386.00
"i Understandings
SP-10 Rock Excavation 200 CY $ 25.00 ICY 5,000.00
)0
3.1 preparation of - LS ',224.00 ILS 1,224.00
II Riqht-of-Wav
SP-39 Project Signs 2 EA $ 306.00 lEA 612.00
12<
8.1 Barricades, Warning Signs, - LS ','159.00 ILS 1,'159.00
J.3 and Detours
2.12.8 Cast Iron Fittings 1,600 LB $ 2.00 ILB 3,200.00
/i/,
SP-37 ,(; Excavation Protection 1,331 LF $ 1.00 ILF 1,331.00
Materials incorporated $ 3~;~e
into project olus labor
$ 7 s, '6h d ~
Other
$1~'3,flc? ~
Total
p - 5
Peak Street Sanitarv Sewer
WORK DAYS
BID NO.
PO NO.
30
1412
BID TABULATION SHEET
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
2.12-C 8" sanitary Sewer (SDR26) 482 LF $ 29.rI!-F 13,978.0'
2.12-D 8" Sanitary Sewer (SDR35) 958 LF $ 24.C~ /LF :2,992.00
2.12-E 6" Sanitary Sewer 95 LF $ 2~.e0 /LF 2,185.ee
WS-ll Sewer Service 34 EA $ 429,00 /EA 14,586.0~
7.6-A 4' Concrete Manhole 5 EA $ i.041.00 /EA 5.205.J0
7.6-B 4' Drop Manhole 1 EA $ 1,53L0~ lEA i.53U0
7.6-D 5 ' Drop Manhole 1 EA $ 3.623.00 /EA 3,62J.m~
SP-8 Abandon Manhole 3 EA $ 245.00 /EA 735.00
7.6-C Rebuild Manhole 1 EA $ :,530.B0 lEA ~,530.0~
3-A Remove Concrete Pavement 9 SY $ 28.00 /SY ::52.~0
SP-2 Sawcut Concrete 24 LF $ U0 /LF 72.00
SP-41 Sawcut Asphalt 4,122 LF $ L C0 /LF 4.122,00
5.8 6" Concrete Pavement 9 SY $ 60.00/SY 540.00
7.4.5 Class A Concrete 1 cy $ 245.00/CY 245.~0
SP-4 Lower Water Lines 4 EA $ 2.448.00 /EA 1 tU.1 ,;.fii
. I I.......~
SP-37 Excavation Protection 950 LF $ 2.00 /LF 1.900.00
1.21 Contractors Warranties and - LS $ 4,896.00/LS ".806.00
Understandings
8.1 Barricades, Warning Signs, - LS $ i.7i4.00/LS i,714.~0
and Detours
SP-10 Rock Excavation 50 CY $ 25.00/CY 1,250.ra
SP-39 Project Signs 2 EA $ 306.00/EA 612.00
3.1 Preparation of - LS $ i.224,00/LS i,224,00
,,, ~h"_n<'_Wau
P - 6
Peak street Sanitary Sewer
(Continued)
WORK DAYS
BID NO.
PO NO.
30
BID TABULATION SHEET
ITEM DESCRIP~IOH QUAHTIrY UHI~ UHI~ PRICE ~O~AL
Materials incorporated -=
into project plus labor $30, ''''~
Other $6.2, 'i9't,tP-
Total ''<'
$qz., "iP'1 """
P - 7
BID SUMMARY
REPLACE MISCELLANEOUS WATER LINES 1991
--rfl,erF II,", /LJ ,:.>/],=--o '/,4'~C' '" ..-9./!.-' b
TOTAL BID PRICE IN WORDS
,,;d5. <'
",:::"
"'''-~ ,
..;
jlu..{)op-ev Pi V~ D~' .c..c- /9A?s S2f--"
J~C' u f2.
tic f/Fl.f/~
In the event of the award of a contract to the undersigned, the
undersigned will furnish a performance bond and a payment bond for
the full amount of the contract, to secure proper compliance with
the terms and provisions of the contract, to insure and guarantee
the work until final completion and acceptance, and to guarantee
payment for all lawful claims for labor performed and materials
furnished in the fulfillment of the contract.
It is understood that the work proposed to be done shall be
accepted, when fully completed and finished in accordance with the
plans and specifications, to the satisfaction of the Engineer.
The undersigned certifies that the bid prices contained in this
proposal have been carefully checked and are submitted as correct
and final.
Unit and lump-sum prices as shown for each item listed in this
proposal, shall control over extensions.
/) rXI//)5 19 R (l 5
CONTRACTOR
BY 1:) ,!J 15 1",P;;:1L,
Atkins Bros Equip Co., Inc
918 W. Marshall
Grand Prairie, Tx 75051
city and state
Seal & Authorization
(If a Corporation)
IVI- ]./'( ~cf, '/7- ;)))9 Z'
Telephone
B-1
BID SUMMARY
PEAK STREET SANITARY SEWER
TOTAL BID PRICE IN WORDS ;V/NE/Y --;:;;0 ---;;;0JS;iJJb
fVlflJC }ft./4.-1>J3F!) /=/C:'7/rrY' Peal r-. :0 t'L.(_ A/<:.. c~
,
9 ;\/ C' CZElJTS
In the event of the award of a contract to the undersigned, the
undersigned will furnish a performance bond and a payment bond for
the full amount of the contract, to secure proper compliance with
the terms and provisions of the contract, to insure and guarantee
the work until final completion and acceptance, and to guarantee
payment for all lawful claims for labor performed and materials
furnished in the fulfillment of the contract.
It is understood that the work proposed to be done shall be
accepted, when fully completed and finished in accordance with the
plans and specifications, to the satisfaction of the Engineer.
The undersigned certifies that the bid prices contained in this
proposal have been carefully checked and are submitted as correct
and final.
Unit and lump-sum prices as shown for each item listed in this
proposal, shall control over extensions.
191;:;)11./5 8R~
CONTRACTOR
BY ~6,)s /-d P Ft2...
Atkins Bros Equip Co., Inc
918 W. Marshall
Grand Prairie, Tx 75051
city and state
Seal & Authorization
(If a Corporation)
Nj-;;l.. /L/-{{>1/7 ~ tS9 0
Telephone
B-2
BID SUMMARY
PAYNE DRIVE WATER LINE
TOTAL BID PRICE IN WORDS
,2 /c)../fI II ,L./,1,/P J;?7)
V/l/L Ji...J!UDR c----r/c-1;;;;E""F-~l/,$"/JAJ))
,C;Ef-/C(!/ _Dc-/.. /-. .4A..":;,
CY III t) e. E ;f../;r=;-
In the event of the award of a contract to the undersigned, the
undersigned will furnish a performance bond and a payment bond for
the full amount of the contract, to secure proper compliance with
the terms and provisions of the contract, to insure and guarantee
the work until final completion and acceptance, and to guarantee
payment for all lawful claims for labor performed and materials
furnished in the fulfillment of the contract.
It is understood that the work proposed to be done shall be
accepted, when fully completed and finished in accordance with the
plans and specifications, to the satisfaction of the Engineer.
The undersigned certifies that the bid prices contained in this
proposal have been carefully checked and are submitted as correct
and final.
Unit and lump-sum prices as shown for each item listed in this
proposal, shall control over extensions.
fh- h 111/:5 l?; J< t1"S
CONTRACTOR
BY 0<1 B ;. op r-~
Atkins Bros Equip Co., Inc
918 W. Marshall
Grand Prairie, Tx 75051
city and state
Seal & Authorization
(If a Corporation)
M...... 2-) tj -!.~ i/'7 ~ '1 '6 c; 0
Telephone
B-3
BID SUMMARY
Replace Misc. Water Lines 1991
65
<7,1'.
$
Bid ~
;:] C.J cJ '10::'" C- .---=--.
, ,z::.-
0; <} y, ~ I':}
proiect Name
Work Davs
Payne Drive Water Line
30
$ lOS, 7)'CJ '7 <P-C
$ q2.. 9'? f{ ~
,
Peak street Sanitary Sewer
30
Payne Drive is to be completed first and within the specified work
days in the event that one contractor obtains the contract for the
Payne Drive Project and at least one of the other contracts. Also
in that event, each project is to be completed including cleanup
before moving on to another project.
B - 4
"
9'Z-I5c
,
CONTRACT AGREEMENT
~/..;
STATE OF TEXAS
s
s
COUNTY OF
DENTON
"HIS AGREEMENT, made and entered into this
15
day of
SEPTEMBER .
A.D., 19~, 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
WILLIAM J. SCHULTZ, INC., DBA CIRCLE "c" CONSTRUCTION COMPANY
P. O. Box 40328, Fort Worth, TX 76140
of the city of FT WORTH
, County of
TARRANT
and State of
TEXAS
, hereinafter
termed "CONTRACTOR."
WITNESSETH: That for and in consideration of the payments and
agreements hereina~ter 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 # 1412 - REPLACE MISCELLANEOUS WATER LINES 1991 AND PAYNE DRIVE WATERLINE
(SECTION A & B) in the amount of $331,949.50
- .~-- -, . -
and all extra work in connection therewith, under the terms as
stated in the General Conditions of the agreement; and at his (or
their) own proper cost and expense to furnish all materials,
supplies, maChinery, equipment, tools, superintendence, labor,
insurance, and other accessories and services necessary to complete
the work specified above, in accordance with the conditions and
prices stated in the Proposal attached hereto, and in accordance
with all the General Conditions of the Agreement, the Special
Conditions, the Notice to Bidders (Advertisement for BidS),
Instructions to Bidders, and the Performance and Payment Bonds, all
attached hereto, and in accordance with the plans, which includes
CA - 1
..
all maps, plats, blueprints,
written explanatory matter
and other drawings and printed or
thereof, and the Specifications
therefore, as prepared by
CITY OF DENTON ENGINEERING STAFF
,
all of which are made a part hereof and cOllectively evidence and
constitute the entire contract.
Indeoendent 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, ~acation or sick leave benefits, worker's
compensation, or any other City employee benefit. City shall not
have supervision and control of Contractor or any employee of
Contractor, and it is expressly understood that Contractor shall
perform the services hereunder according to the attached
specifications at the general direction of the City Manager of the
City of Denton, Texas, or his designee under this agreement.
Indemnification
Contractor shall and does hereby agree to indemnify and hold
harmless the City of Denton from any and all damages, loss, or
liability of any kind whatsoever, by reason of injury to property
or third persons occasioned by any error, omission or negligent act
of Contractor, its officers, agents, employees, invitees, and other
persons for whom it is legally liable, with regard to the
performance of this Agreement, and Contractor will, at its cost and
expense, defend and protect the City of Denton against any and all
such claims and demands.
Choice of Law and Venue
This agreement shall be governed by the law of the State of
Texas and venue for its construction and enforcement shall lie in
the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the
date established for the start of work as set forth in written
notice to commence work and complete all work within the time
stated in the Proposal, subject to such extensions of time as are
provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the Proposal, which forms a part of this
contract, such payments to be subject to the General and Special
Conditions of the Contract.
CA - 2
IN WITNESS WHEREOF, the parties of these presents have
executed this agreement in the year and day first above written.
ATTEST: ~~)
W~~.lj
~/~ (h/ vafl-'!~
B
(SEAL)
ATTEST:
WILLIAM J. SCHULTZ, INC., DBA
CIRCLE "C" CONSTRUCTION COMPANY
CONT~~ "'4-
By ~ '7 h
Title .
WILLIAM J. SCHULTZ, PRESIDENT
(SEAL)
AP ROVED AS TO FORM:
CA - 3
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON
s
s
KNOW ALL MEN BY THESE PRESENTS: That
, of the City of
, and State of
SAFECO INSURANCE COMPANY OF AMERICA
WILLIAM J. SCHULTZ, INC., DBA
CIRCLE "C" CONSTRUCTION COMPANY
FT WORTH
County of TARRANT
as PRINCIPAL, and
TEXAS
, as SURETY, authorized under the laws of
the State of Texas to act as surety on bonds for principals, are
held and firmly bound unto the THE CITY OF DENTON
as OWNER, in the penal sum of THREE HUNDRED THIRTY ONE THOUSAND NINE
HUNDRED FORTY NINE and 50/100------- Dollars ($ 331,949.50 ) 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 15 day of SEPTEMBER
1923-, for the construction of BID # 1412 - REPLACE MISCELLANEOUS WATER LINES
1991 AND PAYNE.DRIVE WATERLINE (SECTION A & B) in the amount of $331,949.50
which contract is l1.ereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such, that
if the said principal shall faithfully perform said Contract and
shall in all respects, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and
performed, and according to the true intent and meaning of said
Contract and the Plans and Specifications hereto annexed, then this
obligation shall be void; otherwise to remain in full force and
effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised civil Statutes of Texas
as amended by acts of the 56th Legislature, Regular Session, 1959,
and all liabilities on this bond shall be determined in accordance
with the provisions of said Article to the same extent as if it
were copied at length herein.
PB - 1
PROVIDED fURTHER, that if any legal action be filled upon this
bond, venue shall lie in DENTON County, state of
Texas.
surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms of
the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in 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 23RD day of SEPTEMBER
19~
WILLIAM J.
CIRCLE "c"
By
SCHULTZ, INC., DBA
CONSTRUCTION COMPANY
Principal
~
SAFE CO INSURANCE COMPANY OF AMERICA
Surety
~Wd;:;7
&nr.KlL A.
Title ATTORNEY-IN-FACT
Title
Address:
P. O. Box 40328
Fort Worth, TX 76140
Address: Safe co Plaza
Seattle, WA 98185
\ ,.
\. '.:'>.-.h'
,. ' ,
.',
"
'-
.-",-
( SEAL}
( SEAL)
The name and address of the Resident Agent of Surety is:
JOHN'A. MILLER & ASSOCIATES, INC.
234 Emma Street, Fort Worth, TX 76111
NOTE: Date of Bond must not be prior to date of Contract.
PB - 2
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
signed and sealed this instrument this ~___ day of
19 92
Surety have
SEPTEMBER
WILLIAM J. SCHULTZ, INC.,DBA
CIRCLE "c" CONSTRUCTION COMPANY
~p~in:7;~_
By It {~LU;
Title PRES DENT
SAFE CO INSURANCE COMPANY OFhAMERICA
Surety , '.
JL"//1/IzIL,/
. SHERW. A. KL TS .
Title ATTORNEY-TN-FACT
Address: P. O. Box 40328
Address: Safeco Plaza
Fort Worth, TX 76140
Seattle, WA 98185
(SEAL)
( SEAL)
The name and address of the Resident Agent of Surety is:
JOHN A. MILLER & ASSOCIATES, INC.
234 Emma Street, Fort Worth, TX 76111
PB - 4
PA YMENT BOND
STATE OF TEXAS
COUNTY OF
DENTON
s
s
WILLIAM J. SCHULTZ, INC., DBA
KNOW ALL MEN BY THESE PRESENTS: That CIRCLE "Cn CONSTRUCTION
COMPANY of the city of FORT WORTH
County of TARRANT , and the State of TEXAS
as principal, and SAFE CO INSURANCE COMPANY OF AMERICA
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 ~enal sum of
FORTY NINE and 50/":1.00----
THREE HUNDRED THIRTY ONE THOUSAND NINE HUNDRED Dollars ($ 331.949.50
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 15 day of SEPTEMBER
19~.
BID # 1412 - REPLACE MISCELLANEOUS WATER LINE 1991 AND PAYNE DRIVE WATERLINE
(SECTION A & B) in the amount of $331,949.50
to which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall pay all claimants supplying labor
and material to him or a subcontractor in the prosecution of the
work provided for in said contract, then this obligation shall be
void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to
the provisions of Article 5160 of the Revised civil Statutes of
Texas _as amended by the acts of the 56th Legislature, Regular
Session, 1959, and all liabilities on this bond shall be determined
in accordance with the provisions of said Article to the same
extent as if it were copied at length herein.
PB - 3
-.
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 ~_ day of SEPTEMBER
19 92
WILLIAM J. SCHULTZ, INC.,DBA
CIRCLE "c" CONSTRUCTION COMPANY
~i~_
By It 1:' LlZ;
Title PRES DENT
SAFE CO INSURANCE COMPANY OF. ,AMERICA
Surety "
~"/I'~~/
. SHER'{? A. KL T S
Title ATTORNEY-IN-FACT
Address: P. O. Box 40328
Address: Safe co Plaza
Fort Worth, TX 76140
Seattle, WA 98185
(SEAL)
(SEAL)
The name and address of the Resident Agent of Surety is:
JOHN A. MILLER & ASSOCIATES, INC.
234 Emma Street, Fort Worth, TX 76111
PB - 4
MAINTENANCE BOND
THE STATE OF TEXAS S
COUNTY OF DENTON S
KNOW ALL
WILLIAM J. SCHULTZ, INC.,
MEN BY THESE PRESENTS: That CIRCLE .C" CONSTRUCTION
SAFE CO INSURANCE COMPANY OF AMERIClr
DBA
COMPANY as Principal, and
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 '1'IHR'I'V ""'1>1>1< ""''''''::''Nn n.... ffiJNl)RIID NINTY FOUR and 95/100
Dollars ($ 11 lq4 'l'i ), ten (10%) percent of the total amount of
the contract for the payment of which sum said principal and sure'ty
do hereby bind themselves, their successors and assigns, jOintly
and severally.
This obligation is conditioned, however, that:
WILLIAM J. SCHULTZ, INC., DBA
WHEREAS, said CIRC'T,1< "c" CONSTRUCTION.'COMPANY;;:: -.-;:_==, "T'~='
has this day entered into a written contract with the said City
of Denton to build and construct BID # 1412 - REPLACEM WATER LINES 1991
AND PAYNE DRIVE WATERLINE (SECTION A & B) in the amount of $331,949.50
which contract and the plans and specifications therein mentioned,
adopted by the City of Denton, are filed with the City Secretary e.f
said City and are hereby expressly incorporated herein by reference
and made a part hereof as though the same were written and set out
in full herein, and;
WHEREAS, under the said plans, specifications, and contract,
it is provided that the Contractor will maintain and keep in good
repair the work therein contracted to be done and performed for a
period of one (1) year from the date of acceptance thereof and do
all necessary backfilling that may become necessary in connection
therewi th 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 sectio.n
is to cover all defective conditions arising by reason of defective
materials, work, or labor performed by said contractor, and in case
the said Contractor shall fail to repair, reconstruct or maintain
said improvements it is agreed that the City may do said work in
MB - 1
accordance with said contract and supply such materials and charge
the same against the said Contractor and its surety on this
obligation, and said Contractor and surety shall be subject to the
damages in said contract for each day's failure on the part of said
Contractor to comply with the terms and provisions of said contract
and this bond.
NOW, THEREFORE, if the said Contractor shall perform its
agreement to maintain said construction and keep same in repair for
the maintenance period of one (1) year, as herein and said contract
provided, then these presents shall be null and void and have no
further effect; otherwise, to remain in full force and effect.
It is further agreed that this obligation shall bEl a
continuing one against the Principal and Surety and that successive
recoveries may be had hereon for successive breaches of the
conaitions 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 shal~ continue throughout said
maintenance period, and the same shall not be changed, diminished,
or in any manner affected from any cause during said time.
WILLIAM J. SCHULTZ, INC., DBA
IN WITNESS WHEREOF, the said CIRCLE "c" CONSTRUCTION COMPANY _
as Contractor and Principal, . has caused these presents to be
executed by WILLIAM J. SCHULTZ, PRESIDENT
and the said SAFE CO INSURANCE COMPANY OF AMERICA
as surety, has caused these presents to be executed by .Lts
Attorney-in-Fact SHERYL A. KLUTTS
and the said Attorney-in-Fact has hereunto set his hand this .13rd
day of SEPTEMBER , 19 92
SURETY:
BY:
COMPANY
SAFRCO
SHERYL A. KLUTT
Attorney-in-Fact
WILLIAM J. SCHULTZ
PRESIDENT
MB - 2
"
m
SAFECO
POWER
OF ATTORNEY
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE SAFECO PLAZA
SEATTLE, WASHINGTON 98185
No. 7498
KNOW All BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA <.I'd GENERAL INSURANCE COMPANY OF AMERICA,each
a Washington corporatton, does each hereby appoint
----JOHN A. MILLER; SHERYL A. KLUTTS; STEPHEN K. BRAULICK; Ft. Worth, Texas---------
Its true and lawful attorney(s)-m-fact. with full authority to execute on Its behalf fidelity and surety bonds or undertakings
and other documents of a similar character IsslJ:~d In the course of Its business, and to bind the respeCtlve company thereby
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY
OF AMERICA have each executed and attested these presents
thls_ __--1.!!.ci___ _____ ___ day of
Ap.riJ,
.19.2.L
CERTIFICATE
Extract from the By-laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS the President. any Vice President, the Secretary, and any
Assistant VIce President apPointed for that purpose by the offIcer In charge of surety operations, shall each have authority
to appoint indIViduals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of Similar character Issued by ttle company In the course of ItS
business On any Instrument making or eVidencing such appointment, the signatures may be affIxed by facsimile On any
Instrument conferring such authority or on any bond or undertaking of the company, the seal, or a faCSImile thereof, may be
Impressed or affixed or In any other manner reproduced, prOVided, however, that the seal stlall not be necessary to the
validity of any such Instrument or undertaking"
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970
"On any certIficate executed by the Secretary or an assistant secretary of the Company setting oul.
Ii) The proviSions of Article V, Section 13 of the By-laws, and
(il) A copy of the power~of-attorney appointment executed pursuant thereto, and
(Iii) CertifYing that said power-of-attorney appointment is In full force and effect,
the signature of the certifYing officer may be by faCSImile, and the seal of the Company may be a facsimde thereof"
I. Boh A Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE
COMPANY OF AMERICA, do hereby certify that the foregOing extracts of the By-Laws and of a Resolution of the Board of
Directors of these corporations, and of a Power of Attorney Issued pursuant thereto, are true and correct, and that both the
By-Laws, the Resolution and the Power of Attorney are stili in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the faCSimile seal of said corporation
thiS
23rd
day of
September
,19 92
<; ....7..: ~h' 3 A6
PRi~HfD "I lJ S A
IMPORTANT NOTICE
To obtain Information or make a complaint:
You may call the company's toll-free telephone number
for Information or to make a complaint at
1-800- C;7~~41~S~
You may contact the Texas Department of Insurance to
obtain Information on companies, coverages, rights or
complaints at
1-800-252-3439
You may write the Texas Department of Insurance
P.O, Box 149104
Austin, TX 78714-9104
FAX # (512) 475-1n1
PREMIUM OR CLAIM DISPUTES: Should you have a
dispute concerning your premium or about a claim you
should contact the agent or the company first. If the
dispute Is not resolved, you may contact the Texas
Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice
is for information only and does not become a part or
condition of the attached document.
Prescribed by the State Board of Insurance
Effective May 1, 1992
AVISO IMPORTANTE
Para obtener Informacion 0 para someter una quela:
Usted pUede lIamar aI numero de telefono gratis de la
companla para Informacion 0 para someter una queja aI
1-800- 4'7,1- -$I~S.s-
Puede comunlcarse con el Departamento de Seguros de
Texas para obtener Informacion acerca de compaolas,
coberturas, derechos 0 quejas al
1-800-252-3439
Puede escrlblr aI Departamento de Seguros de Texas
P.O. Box 149104
Austin, TX 78714-9104
FAX # (512) 475-1n1
DISPUTAS SOBRE PRIMAS 0 RECLAMOS: SI tlene
una dispute concernlente a su prima 0 a un reclamo,
debe comunlcarse con eI agente 0 la companla primero,
SI no sa resuelve la dispute, puede entonces
comunlcarse con eI Departamento de Seguros de Texas.
UNA ESTE AVISO A SU POLIZA: Este avlso es solo
para propaslto de Informacion y no sa convlerte en parte
o condlclon del documento adjunto.
Ordenado par el consejo Estatal de Dlrectures de
Seguros, Effectlvo ell de Mayo 1992
contractor shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and
defense expenses.
o Liability policies shall be endorsed to provide the
following:
00 Name as additional insured the City of Denton, its
Officials, Agents, Employees and volunteers.
00 That such insurance is primary to any other insurance
available to the addit~onal insured with respect to
claims covered under the policy and that this insurance
applies separately to e~ch insured against whom claim is
made or suit is brought. The inclusion of more than one
insured shall not operate to increase the insurer's
limit of liability.
o
All policies shall be endorsed to provide
prior written notice of cancellation,
reduction in coverage.
thirtY(JO) days
non-renewal or
o Should any of the required insurance be provided under a
Claims-made form, Contractor shall maintain such coverage
continuously throughout the term of this contract and,
without lapse, for a period of three years beyond the
contract expiration, such that occurrences arising during
the contract term which give rise to claims made after
expiration of the contract shall be covered.
o Should any of the required insurance be provided under a
form of coverage that includes a general annual aggregate
limit providing for claims investigation or legal defense
costs to be included in the general annual aggregate limit,
the contractor shall either double the occurrence limits or
obtain Owners and Contractors Protective Liability
Insurance.
o Should any required insurance lapse during the contract
term, requests for payments originating after such lapse
shall not be processed until the city receives satisfactory
evidence of reinstated coverage as required by this
contract, effective as of the lapse date. If insurance is
not reinstated, City may, at its sole option, terminate
this agreement effective on the date of the lapse.
SPECIFIC ADDITIONAL INSURANCE REOUIREMENTSt
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:
CI - 2
[X] General Liabilitv Insurance:
General Liability insurance with combined single limits of not
less than $500.000 shall be provided and maintained by the
contractor. The policy shall be written on an occurrence
basis either in a single policy or in a Combination of
underlying and umbrella or excess policies.
If the Commercial General Liability form (ISO Form CG 0001
current edition) is used:
o Coverage A shall include premises, operations, prOducts,
and completed operations, independent contractors,
contractual liability covering this contract and broad
form property damage coverages.
o Coverage B shall include personal injury.
o Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002
Current Edition and ISO Form GL 0404) is used, it shall
include at least:
o Bodily injury and Property Damage Liability for
premises, operations, products and completed operations,
independent contractors and property damage resulting
from explosion, collapse or underground (XCU) exposures.
o Broad form contractual liability (preferably by
endorsement) covering this contract, personal injury
liability and broad form property damage liability.
[X] Automobile Liabilitv Insurance:
Comprehensive or Business Automobile Liability insurance shall
be provided by the contractor with- limits of no~ less than
$1.000.000 p~ occurrence ei~her in a sinqle POlicy'or in 5
combination of underlying and umbrella or excess policies.
The policy will include bodily injury and property damage
liability arising out of operation, maintenance or use of any
auto, including owned, non-owned and hired automobiles and
employee non-ownership use. (ISO Form CA 0001 CUrrent
Edition)
[X] Worker. ComaeDs.tioD IDsuraDce
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
CI - 3
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.
,\. ~
CI - 4
-/
DEFINITIONS
1.
ADDITIONAL INSURED: The City of Denton,
appointed officials, officers and employees.
apply to Worker's Compensation.)
its elected and
(This does not
2. NOTICE OF CANCELLATION: Each policy shall require that thirty
(30) days prior to the cancellation, non-renewal, or any
material change in coverage, a notice thereof shall be given to
owner by certified mail. If the policy is cancelled for
non-payment of premium only ten (10) days written notice to
owner is required.
3. CONTRACTUAL COVERAGE: (Liability assumed by contract or
agreement, and would not otherwise exist.) The contractual
liability requirement shown on the reverse side of this
Certif icate of Insurance under Comprehensive General Liability,
must include a definition of coverage broad enough to provide
coverage for obligations assumed by the contractor in the
referenced contract. This Certificate of Insurance is provided
as required by the governing contract.
4. CLAIMS MADE POLICY FORK: Required period of coverage will be
determined by the fOllowing formula: Continuous coverage for
the life of the contract, plus one year (to provide coverage
for the warranty period), and a extended discovery period for
a minimum of five (5) years which shall begin at the end of the
warranty period. "
5. FIRE LEGAL LIABILITY: (Required in all contracts that involve
the occupancy, construction or alteration" of City-owned or
leased facilities). Insurance is to cover bUildings, contents.
(where applicable) and permanently installed equipment with
respect to property damage to structures or portions of
structures if such damage is caused by the peril of fire and
,due to the operations of the contractor. Limit of liability is
to be a minimum of $500,000.
6. OWNER: The term owner shall include all authorities, boards,
bureaus, commissions, divisions, departments, and offices of
the owners, and individual members, employees, and agents
thereof in their official capacities, andlor while acting on
behalf of the owner.
CI - 6
/
PRODUCER
A~~~~m.,,;)CERtIEICATE:0EJNSURAN'CEY'i,"~>,,",\t, "~~;f:i::L;). .' ISSUEOA9TjE2[M3Mj'090'2YYI .c'>.
! '/~ ,,:-- ;-.:'-:~' r.:'::I';: }l'~~~~::-Z{~'k~:.~~ ~ :~ltt~ d5S:~.~.rt:.: ." ',~"i,(~.~~~~::,;;~~ ,..~ ,,: ,~:;~.l.~ ;,:~' _ '.."
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
POLICIES BELOW.
JOHN A. MILLER & ASSOCIATES, INC.
P.O. BOX 7214
FORT WORTH, TEXAS 76111-0214
COMPANIES AFFORDING COVERAGE
817-834-7111
817-834-7115 FAX
COMPANY A
LETTER
ST. PAUL LLOYDS INSURANCE COMPANY
INSURED
COMPANY B
LETTER ST. PAUL FIRE & MARINE INSURANCE COMPANY
WILLIAM J. SCHULTZ, INC. DBA
CIRCLE "c" CONSTRUCTION COMPANY, et a1
P.O. BOX-40328
FORT WORTH, TEXAS 76140
COMPANY C
LETTER THE ST. PAUL INSURANCE COMPANY
COMPANY D
LETTER
COMPANY E
LETTER
COVERAGES,\"f'",:':-_"/>''''ff.~'f.'<'<~;',\' '~'li\"i' ."",,, -.:,J'Jl' "M".-'" ">. .i'?',' <.6.:,< .!<l1&>\1,': cr.~'''j: ,.,"".
. .,'0.....- . ..,,__,.Il_rf_....,..~~{S.:J.i~nli:,l>U .Ttt,?P.t._..~., ... m"'~~' ,~:i: \(fu'fL.'--f"',t.....,.~,_:l.ibS. ,a;:~ .~_'
TH[S IS TO CERTIFY THAT THE POLICIES OF [NSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERT[FICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN [S SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND COND[TlONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
.~~- .--..- ~--
,
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE; POLICY EXPIRATION
DATE (MMJDOIYYj ! DATE (MMJDOIYY) .
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY 0691NJ2210
CLAIMS MADE' 'X: OCCUR.
, OWNER'S & CONTRACTOR'S PROTo
X INCLUDES CONTRACTUAL
8-12-92
8-12-93
iGENERALAGGREGATE m_ _~ ~ 2,000,000
,PRODUCTS.COMPfOPAGG. i $ 2,000,000
: PERSONAL & ADV INJURY 1 $ 1,000,000
EACH OCCURRENCE !_ $ 1,000,000
FIRE DAM~~~ ~A~~..~~.B_f~~~~. : $ 50,000
. MED, EXPENSE (Anyone person) $
. AUTOMOBILE LIABILITY
B' X,ANYAUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
X . HIRED AUTOS
X NON.OWNED AUTOS
GARAGE LIABILITY
EXCESS LIABILITY
C X UMBRELLA FORM
OTHER THAN UMBRELLA FORM
0691NJ221O-2
8-12-92
i COMBINED SINGLE )$
! LIMIT
8-12-93 --i- 1,000,000
BODILY INJURY ..
, (Per person)
, -"
: BODILY INJURY .
, (Per aCCident)
PROPERTY DAMAGE .
, EACH OCCURRENCE · 2,000,000
8-12-93 ' AGGREGATE ," 2 ,000 ,000
i STATUTORY LlMITS
EACH ACCIDENT :.
DISEASE-POLlCY LIMIT .
DISEASE-EACH EMPLOYEE .
0691NJ2210-1
! 8-12-92
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
OTHER
DESCR::>TION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS
PROJECT: BID # 1412 - PAYNE & PEAK STREET - WATER & SEWER (SECTION A & B)
CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED ON THE ABOVE POLICIES
CE"TIFICA TE HOLDE"';' (:,;:.: ;.,y.f .;:;i1',,;,~'$t;>; - h'
~_,_j.l;.~ ...._...:-...~ .....y.,~J, .!ilt!i:\~",,- ,-S::i,~-I'>~fi.~4.~,*,._
CITY OF DENTON, TEXAS
ATTN: PURCHASING AGENT
901-B TEXAS STREET
DENTON, TEXAS 76201
'ACORi:Y25;S(7f90i.'~'''f::i:'~2'
~J
~l EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
~1 MAIL~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAM,EO TO THE
t~ LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
~ L1ABILtTY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
E~ AUT
f:'
,~::~~?~\~,i;,,;;~:P~,t (~~.~~.
..-~"""'-,-~.--.~,
UV 1- ~-~c: nUI1 I U' qtl
p, U~
; .. . . . !~! "'~:~IJJ':P~~~;', " ", <, ' ,_ i<,
,<'I,~I~,;{~ ;~gt'/. \ ,!.'I, , '. J ~;t:. I, ,~ ~':l,'t! r~~;l!~t 1 "'''' ;.,',:,j J!~I ,,:,:,.!f:;j''< , 1 0...... 5 - g 2
!.<,' ~~~':'. CERTIFIC~!,E !'! ISSUED.!!:! ~_ MATTER OF. !,:!~ORMA TION ONlY'""ANO-
PRODuceR
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
Mccollum, Miller Lovelace, DOES NOT AMEND, EXTENO OR ALTER THE COVERAGE AFFORDED BY THE
& Inc. POLICIES BELOW.
.-
2301 E Lamar Blvd, Suite 300 COMPANIES AFFORDING COVERAGE
Arlington, TX 76006
.. . ...
COMPANY A l?etrosurance Casualty Company
(817) 640-7888 l.EiTTE:A.
, COMPM.;V B
INSURED LETTER
, COMPANY C
Circle /Ie" Construction Co. ! LIiTT~R
P 0 BOX 40328 .....
Ft. WOl:"th, TX 76140 COMPANY D
LETTER
..
COMPANY E
LETTI;R
COVEFlAGES -.^, , "';;)Ik iil\U(!, ;, ,.,' H~l";';-'''H " ,i - - ..
.- .,
, , .. . . , .., ~. - .
THIS IS TO CERTIFY THAT T_" POLICIES OF INSURANCE ",STEO BELOW HAVE BEEN ISSUoD.TO THoIN$URED NAMEO ABOVE FOR THE POLICY PERIOD
INDICAToD, NOTWITHSTANDING ANY REOUIRoMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMoNT WITH RESPECT TO WHICH THIS
CoRTIFICATE MAY Bo ISSUEO OR MAY PERTAIN, THo INSURANCE AFFORDED BY THo POLICIES OESCRIBoD HEREIN IS SUBJoCT TO ALL THE TERMS,
EXOLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS S_OWN ~AY HAVE BEEN REOUCEO BY PAID CLA:MS,
CO TYPE. Of' INSURANCE POL.ICY NUMBER POl.ICV EF~ECTIVE POL.IOY EXPIRATION L.IMITS
LTA : OA TE (MMfDO/VY) OA TE ~\1M/OlJJYV) ,
GEN~RAL LIA61L.ITV ; GENEAALAGGAEGATE I
"
COMt.IEr\C:AL GE:NE;R.A'. lIA9!L TV Pt:l.ODUCTS.COMF'/OP AGG. $
Cl..AtMS MADE OCCUA, PERSONAL & A:iV, :NJUAY ,$
o'tme~rs & CO!'-:TRACTOR'S FAOT , EACH OCCURRENCE $
IiIR! OAMAGE (Any Orl& IIro) .
,
, MEO, eXF'ENSE (Any cno ,Wson)' S
AUTOMOBILIi 1..IABIL.ITY , COMS'NED .INGLE
LIMIT $
A:,V Al,iTO ,
AI.I. OWNED AuTOS : BODllV INJUI1Y
$
SCHeOULE~ AL TO$ (PeT ~8r50n,
l-ll~eb AUTOS 6001L. v INJURy
$
NON.OWNED AUTOa (PElro:;mlsnl)
I3AMA.~1i l.IAelllTv
PROPEFI,." DAMAGe' $
, cAOJoj OCCURAe:~CI: . -,
EXCESS .I.JABILlTY
!
UMBREI.l.A FO~\i AGGFlECiAt&: $
OTHER Tf-iAN I,.'ME!REi.L.A FOR~~ .
. - -- , ! STATUTOFlY L.IMI'r$ :^.._"~_-.._-
WOAKER'S COMPI:NSATION i. EAo;i.cCIDENT 500,000
:A WC 42-911115-02 9-10-92 .9-10-93 '.
AND : DISEASE-POLICY L.lv'r 500,000
, s
I EMPl.OVERS'L1ABll.lty DISEASE-EAOH EMPLOYEE . 500,000
r1HER ,
I ;
.
I
DeSCRIPTION OF OPERATIONS/LOCATIONSIVEHIOL.ES/SPECIAL ITli;MS
Project: Bid #l412-l'ayne & Peak Streets - Water & Sewer (Section A & B)
CERTIFICATE HOLDER ':tV,"~;-f~'" > , CANC~LLA !LON ", - ',,> -.', , T ,~-_ ., "-
ICity of Dento~, TX ".",,' ,~-",.., -., --, --'-" .'<I".'...:_l'J.:~"lLi:i..ilt"f)l:hr:l ..:1 "",'-",; ",'~.': ..
'" SHOULD ANY OF THE A60Vl: aESCRI~~lJ POLIQI!iiS ~E CANC!;;l.I.ED 61;FORI: THE
fm
,~ e:XPiAA-:-!ON DATE THEREOF, THE ISSUING COMPANY WILL ENOEAVOR TO
jAttn: PU~chasing Agent ,i. MAil ..3.Q. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDoR NAMED TO THE
w'.,
';~
901-B Texas Street iL LEFT, BUT FAILURE TO MAIL SUCH NOTice SHALL IMPOSE NO OBLIGATION OR
fr,1
jDenton, TX 76201 .~? LIABiliTY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRoSENTATIVES
' ,
. AI,lTHOfflZEO R ~A IV! Charles R. Lovelace
, ,,1
I ,\ v-
"
C'A.'~<<DI;I; ", -"CERTI'FICAreQEJ~SORAN ;' ':!!"I"~~ ,,'
"",'.
i
ISSUE DATE (MMIOD1YV)
~?.~D 25.$ (7/9~
'" "
(!M~~..
0ACORO CORPORATION 1990'
,
Replace Misc. Water Lines 1991
WORK DAYS
BID NO.
PO NO.
65
1411
BID TABULATION SHEET
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICR TOTAL
2.12-A 7,148 LF $ ~:? -5- fh 00
6" Water Line / ~0,,930
2.12-B 12" Waterline (for Casing) 40 LF $..1'0 (>0 /LF /';<00 00
2.12-0 6" Ductile Iron Water Line 82 LF $ ,;{ I- 00 /LF .;< 13;;< 00
158 EA $ .3'00 00 lEA 00
2.16 Water Service '17'100
2.13.1-A 6" Gate Valve 18 EA $ ..1'$0 OO/EA ~80000
00 00
7.6-A 4 Man Hole (4 feet deep) 3 EA $ '1.50 /EA ~SSo
00 00
2.14-A Fire Hydrant 7 EA $ /5"00 lEA /OSOO
Remove Curb & 76 LF $ dOO /LF 860
3.B Gutter ,;(,;<
8.2-A Concrete Curb & Gutter 76 LF $ /S oO/LF II '/0 DO
SP-2 Saw Cut Concrete 76 LF $ ;Z 0(> /LF /5':< 0 0
6.4 12" Bore 82 LF $ ~.s- 00 /LF h 970 0 ()
$ d.50 o'1EA 00
SP-40 Cut & Plug Existing Water 19 EA 7"lSO
Line
Protection 500 LF $ ,SO /LF c:;SO 00
SP-37 Excavation
00 06
1.21 Contractors Warranties and - LS $ '/0-00 ILS '/$00
Understandings
SP-10 Rock Excavation 50 CY $ /0 OO/Cy S006G
SP-41 Sawcut Asphalt: 10,608 LF $ / 00 ILF /t?t50#0 C
$ 00 0
3.1 Preparat:ion of - LS /tJO ILS / t'0 0
Right:-of-Way
$ 00 00
SP-39 Project: Sign. 2 EA /OtJ lEA "loo
ou 00
8.1 Barricade., Warning Signs - LS $ 1000 /LS /000
and Det:ours
2.12.8 Cast: Iron Fit:t:ings 1,500 La $ /00 ILB /SOO 00
2.12-C 6" SDR 26 Sanit:ary Sewer 120 LP $ dO "tJ/LP ~Yoo 00
P - 3
Reo1ace ~isc. Water Lines 1991
(Continued)
"V~ 1.111..00:1 0:'1
3D NO. 1412
PO NO.
BID TABULATION SHEET
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
Materials incorporated [
into project plus labor $ /:< 71/1/</
Other $ J3tf'u00 '
Total $;<' 6..5-S/(
-
P - 4
-Pavne Drive Water Line
WORK DAYS 30
BID NO. 1412
PO NO.
BID TABULATION SHEET
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
2.12-B 12" water Line 1,336 LF 00 . 00
$ Yo /LF '/0080
2.12-E 12" Ductile Iron Pipe 99 LF $ ..J~O D/LF 3 '/6So 0
Fire Hydrant Connection 1 EA $ 75D 00 /EA ?'SO 00
2.14-B
2.13.1-B 12" Valve 1 EA $ 7$o4EA /'?57J 0 0
",0 $00000
2.14-A Fire Hydrant 2 EA $ /S-OO /EA
6.4 20" Bore 99 LF $ 9'S 06/LF 9'/OSOO
sp-40 Cut and Plug Existing 1 EA $~ooO/EA SSD 0 0
Water Line
SP-41 sawcut Asphalt 2,574 LF $ 100 /LF ,;<S7'1 06.
00 00
1.21 Contractors Warranties and - LS $ /000 jLS /ooD
UnderstandinC/s
SP-10 Rock Excavation 200 CY $ 7<.5 O/CY 00
/000
00 /tJO 0 0
3.1 preparation of - LS $ /00 /LS
RiC/ht-of-Wav
00 .:tOO 00
SP-39 project Signs 2 EA $ /00 /EA
00 /000 00
8.1 Barricades, warning signs, - LS $ /000 /LS
and Detours
2.12.8 Cast Iron Fittings 1,600 LB $ I OO/LB /~OO 00
SP-37 Excavation Protection 1,331 LF $ ,50 ILF t~5, SO
Materials incorporated $,:J/g90,oQd,
into oro;ect olus labor
other $YL/,plfS
Total $b6> I/J'95-1
p - 5
Peak street Sanitarv Sewer
WORK DAYS
BID NO.
PO NO.
30
1412
BID TABULATION SHEET
I ITEM I DESCRIPTION I QUANTITY I UNIT I UNIT PRICE I TOTAL I
2.12-C 8" Sanitary Sewer (SDR26) 482 LF $ 90 00 /LF '13380 00
$ 3'? -.5 L}LF 00
2.12-0 8" Sanitary Sewer (SDR35) 958 LF J's9,;<S
00 .. 8- 06
2.12-E 6" Sanitary Sewer 95 LF $ 30 /LF ""- 'SD
WS-ll Sewer Service 34 EA $ &5'OPO/EA ~/OO 00
00 &000 00
7.6-A 4' Concrete Manhole 5 EA $ ~"'OO /EA
00 <7<"'00000
7.6-B 4' Drop Manhole 1 EA $"",,"'000 /EA
00 00
7.6-0 5 ' Drop Manhole 1 EA $ ".{"$OO /EA ~SOO
Abandon 3 00 Oil
SP-8 Manhole EA $ 0/"'00 /EA /,;{ 0 0
7.6-C Rebuild Manhole 1 EA $ /00 Ooc;EA /000 00
3-A Remove Concrete Pavement 9 SY $ /ooo/SY 9000
SP-2 Sawcut Concrete 24 LF $ ,;( 0 O/LF 1/.;> 00
SP-41 Sawcut Asphalt 4,122 LF $ / tJ O/LF 7"/;:(';< 0 0
5.8 6" Concrete Pavement 9 SY $ v"'.:<. 5CJsy /!9~ S-O
7.4.5 Class A Concrete 1 CY $ 7S OC;CY /'SOO
00 8000 OJ
SP-4 Lower Water Lines 4 EA $,,{'OOO /EA
SP-37 Excavation Protection 950 LF $ / 0 0 /LF 9.5000
00 ~~oo 150
1.21 Contractors Warranties and - LS $ .,15'00 /LS
Understandinas
co /00C;) oU
8.1 Barricades, Warning Signs, - LS $ /tJOO /LS
and Detours
SP-10 Rock Excavation 50 CY $ /0 00 ICY 50() 00
Project Signs 2 00 YoooO
SP-39 EA $ /00 /EA
Preparation of ,,0 /0000
3.1 - LS S /00 /LS
-^"-......
P - 6
Peak Street SanitarY Sewer
(Continued)
WORK DAYS
BID NO.
PO NO.
30
BID TABULATION SHEET
I~ DESCRInIOH QUAIlTIn UHI~ UHI~ PRICE !f01'JlL
Materials incorporated DO
into nroiect n1us labor $5'10/3
Other $6'/0/9 ;)0
- ,
Total .,,~ .,5"c
$, V3~S'o
P - 7
BID SUMMARY
REPLACE MISCELLANEOUS WATER LINES 1991
TOTAL BID PRICE IN WORDS Ilt./o )Id,~pr/ .s//~ hI' /h",,, ,On d
/
';;'/.' ,;{ /-' me/'"~ "c1 r:. n c;;' //0 ,v .5' c;-) r/ /? n r P n I- .5
In the event of the award of a contract to the undersigned, the
undersigned will furnish a performance bond and a payment bond for
the full amount of the contract, to secure proper compliance with
the terms and provisions of the contract, to insure and guarantee
the work until final completion and acceptance, and to guarantee
payment for all lawful claims for labor performed and materials
furnished in the fulfillment of the contract.
It is understood that the work proposed to be done shall be
accepted, when fully completed and finished in accordance with the
plans and specifications, to the satisfaction of the Engineer.
The undersigned certifies that the bid prices contained in this
proposal have been carefully checked and are submitted as correct
and final.
Unit and lump-sum prices as shown for each item listed in this
proposal, shall control over extensions.
[,/;;",/77 .T Sc/'ujlz: he; ~C<.
Co'e-/e L CO/7S~dC~CJ/7
CONTRActOR
BY ;;Affic<~ '~~~~
3t::JO ,jJ 7/a/77/?7P 7 J/
/,NI M//h ~ /,;{/Y'o
street Address
City and state
Seal & Authorization
(If a corporation)
%/7 d93 - /563
Telephone
B - 1.
BID SUMMARY
PEAK STREET SANITARY SEWER
TOTAL BID PRICE IN WORDS 0/7<' /,,,,,///,/ /,{>r/~ ///-<!! -//'nE/ ,00 /"
/
IL.,. 1;/ lu/,"
rh //a ,/ .s-
on/ ///,. r/nf<;
I
In the event of the award of a contract to the undersigned, the
undersigned will furnish a performance bond and a payment bond for
the full amount of the contract, to secure proper compliance with
the terms and provisions of the contract, to insure and guarantee
the work until final completion and acceptance, and to guarantee
payment for all lawful claims for labor performed and materials
furnished in the fulfillment of the contract.
It is understood that the work proposed to be done shall be
accepted, when fully completed and finished in accordance with the
plans and specifications, to the satisfaction of the Engineer.
The undersigned certifies that the bid prices contained in this
proposal have been carefully checked and are submitted as correct
and final.
Unit and lump-sum prices as shown for each item listed in this
proposal, shall control over extensions.
!Jlltcu.,., ::r 'schu//c f-;c dbq
('/:,.,,/" 'C' !':/In ,/
CONTRACTOR
BY J~cW.. yr ;:LJ
/?- '" 5'/ d:, n I
c500 t/ /';0 /??/71,p //
street Address
h/ I LA/I/' Wa)" ;/,:{/y{)
city and state
Seal & Authorization
(If a corporation)
/?/7 .-/9 f' --/~h?
Telephone
B-2
~ ,"
.
.
BID SUMMARY
PAYNE DRIVE WATER LINE
TOTAL BID PRICE IN WORDS ...5';;I:/" J/,c /Lot/<50/?d hu, AC//7o?"'/
I
jL>~, /J//7f) /o//t;/s o.l?d ~hf r"/JI,
In the event of the award'of a contract to the undersigned, the
undersigned will furnish a performance bond and a payment bond for
the full amount of the contract, to secure proper compliance with
the terms and provisions of the contract, to insure and guarantee
the work until final completion and acceptance, and to guarantee
payment for all lawful claims for labor performed and materials
furnished in the fulfillment of the contract.
It is understood that the work proposed to be done shall be
accepted, when fully completed and finished in accordance with the
plans and specifications, to the satisfaction of the Engineer.
The undersigned certifies that the bid prices contained in this
proposal have been carefully checked and are submitted as correct
and final.
Unit and lump-sum prices as shown for each
proposal, shall control over extensions.
jJ///q/77 J ~h"j:lz .z;?L. /.6a..
0,;/e 'C' ~/7,~/",~75~n
CONTRACTOR
, BY /'~/h~-ro- ~ ).L~
5c?tJ IJ h/7?/77 -//
hr7 d~ ~a.5 /6/;/6
Street Address
item listed in this
:"-
.., ,-
'l", -., <'"
Ci'
'j,.
~)
,
'.
city and state
~
Seal & Authorization
(If a Corporation)
\, '.
%'/7 - ~9r- //?6J
Telephone
. "
B-3