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1992-111AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- petitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has receiv- ed and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or im- provements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the con- struction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as be- ing the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1369 C.D. MCKAMIE $ 37,500.00 1372 FLOYD GLENN SMITH SEE EXHIBIT A 1381 APAC-TEXAS $731.091.50 1381 PRECISION AIRFIELD LAYOUT AND STRIPING $ 42,798.50 1392 EDWARD MCDONALD CO. $ 37,869.00 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 7 ay of ,1992. 0 / BOB CASTLEBERRY, I'r~7 ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBRA A. DRAYOVITCH, CITY ATTORNEY BID # 1372 BID NAME CONTRACT CONCRETE WORK FLOYD GLENN SMITH OPEN DATE JUNE 16, 1992 # QTY I DESCRIPTION VENDOR 7.6.A-7 IREBUILT INLET (REMOVE AND IR~PLACE TOP) IA. 4' INLET $700.00 EX]{IBIT A lB. 6' INLET $750.00 lC. 8' INLET $800.00 ID. 10' INLET $850.00 7.6.A-8 IREBUILT EXISTING INLET SPECIAL IA. 4' INLET $1,900.00 lB. 6' INELT $1,900.00 lC. 8' INLET $2,350.00 ID. 10' INLET $2,400.00 7.6.A-9 IINLET SITE PREPARATION $150.00 8.1 IBARRICADES, WARNING SIGNS $200.00 lAND DETOURS (OPTIONAL) 8.2 IDOWEL-ON INTEGRAL CURB $4.00 8.2-A ICONCRETE CURB AND GUTTER IA. 8' TO 250' $7.50 lB. 250' TO 1000' $6.50 lC. 1000' - UP $6.00 8.3 16" CONCRETE DRIVEWAY IA. 0 TO 50 SQ YDS $29.25 lB. 50 TO 100 SQ YDS $27.00 lC. 100 TO 500 SQ YDS $24.75 8.3-A I 4" CONCRETE SIDEWALK IA. 0 TO 50 SQ YDS $27.00 lB. 50 TO 100 SQ YDS $20.00 C. 100 TO 1000 SQ YDS $18.00 8.4 CONCRETE MEDIANS $20.00 8.6 CONCRETE STEPS $45.00 8.15 CONCRETE RIP - RAP $28.00 8.448 ABANDON INLET/LATERAL $250.00 TOTAL $20,123.50 *$19,923.50 DATE: July 7, 1992 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1369 -- ROOF REPAIR ELECTRIC PRODUCTION RECOMMENDATION: We recommend this bid be awarded to the low bidder, C.D. McKamie, in the total amount of $37,500.00. SUMMARY: This bid is for all labor and materials to replace a section of roof at the Electric Production Plant. C .D. McKamie was the successful bidder in replacing the McCormick St. Fire Station roof, his work was above average. In reply to twelve notices mailed, two bid responses were received. BACKGROUND: Tabulation Sheet, Memorandum from Jim Thune. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Production FISCAL IMPACT: Funds for this purchase will be taken from Electric Production budgeted funds account #610-080-0251-8301. /,espectfully .submitted.: City Manager / Name: Denise Harpool [ Title: Senior Buyer Title: Purchasing Agent 280.DOC BID # 1369 BID D ROOF REPAIR ELECTRIC CBS ROOFING CD MCKAMIE PRODUCTION PLANT OPEN DA JUNE 4, 1992 # ITEM DESCRIPTION VENDOR VENDOR BASE BID $39,707.00 $37,500.00 NAILERS $2.70 $2.50 ADDITIONAL COST FOR $18.00 $8.00 OVERTIME 1~9! JUL - I Pi-', 3:2.3 TO: Denise Harpool, Buyer FROH: Jim Thune, Plant Hanager DATE: June 19, 1992 RE: ROOF REPATR BTB #1369 The Electric Production Department recommends accepting low bid from C.D. McKamie, for roof repairs to Units Three and Four. The following bids were submittted: C.D. McKamte CBS Mechanical Base Bid $ 37,500.00 $ 39,707.00 nailers 2.50 2.70 O/T 8.00 18.00 Bond ~ ~ Please proceed to Counctl for authorization. Executive Approvals: Jim Hatcher, Director of Electric Utj,llties Bob Nolson, Thank you, dT/k~ Bob ~olson, F~ ~o: XXVI DATE: July 7, 1992 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1372 - CONTRACT CONCRETE WORK RECOMMENDATION: We recommend this bid be awarded to the low over all bidder, Floyd Glenn Smith for an annual estimated amount of $75,000.00. SUMMARY: This bid is for all labor and materials to perform concrete repair for all City of Denton field crews. Floyd Smith was the successful bidder for the past year and was very competent. Three bid responses were received in reply to thirty three notices mailed. BACKGROUND: Tabulation sheet and Memorandum from Jerry Clark. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Engineering, Streets, Electric Distribution, Water & Sewer and Traffic Departments. FISCAL IMPACT: Funds for this work will be taken from budgeted funds for concrete work from the individual Departments requiring the work. e sp e gt fully.sub mi.t t e~l: City Manager Prepared by: Name: Denise Harpodl Title: Senior Buyer N~-~o. Tom D. Shaw, C.P.M. Title: Purchasing Agent 282.BID o~o ~ ~ ~~o~ ~o~ .... ~ ~. ~ o 0000 O0 00000 0 O0 000 0000 0 CITYofDENTON, TEXAS MUNICIPALBUILDING / 215E. McKINNEY / DENTON TEXAS76201 MEMORANDUM DATE: June 29, 1992 TO: Denise Harpool, Senior Buyer FROM: Jerry Clark, Director of Engineering & Transportation SUBJECT: Bid #1372 - Contract Concrete Work The department has evaluated the bids received on June 16, 1992. We find the prices to be acceptable. Please award the contract to Floyd Smith Concrete who was the low overall bidder. AEE0016B 817/566-8200 D/FW METRO 434-2529 DATE: July 7, 1992 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1381 -- TAXIWAY & APRON IMPROVEMENTS RECOMMENDATION: We recommend this bid be awarded to the lowest bidder per schedule, APAC-Texas for schedule I at a total base bid of $731,091.50 and Precision Airfield Layout & Striping for schedule I1 at a total of $42,798.50. SUltRY: This bid is for all labor, materials and equipment for repair and resurfacing of the runway at Denton Municipal Airport. Four bid responses were received in reply to fifteen notices mailed. BACKGROUND: Tabulation sheet, memorandum from Joe Thompson PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Airport staff and citizens utilizing the Denton Municipal Airport FISCAL IMPACT: Funds for this project will be split between the City of Denton and the FAA. The City will paying 10% from account #402-022-AG05-0001-9120. e. eet ysu ' ed: ~loyd V .~ City Manager Preparedby: . ~ Name: Denise Harpoo[ Title: Senior Buyer Approved: Name: Tom D. Shaw Title: Purchasing Agent 279.DOC DENTON MUNICIPAL AIRPORT CITY OF DENTON MEMORANDUM TO: Denise Harpool, Purchasing Agent FROM: Joe Thompson, Airport Manager DATE: June 29, 1992 SUBJECT: Runway Overlay After reviewing the Bid Tabulation by Freese and Nichols Inc., the F.A.A. has issued a Grant Offering for $810,000.00 or 90% of cost with the City paying $90,000.00, or 10% of the cost for a total cost of $900,000.00. The City Attorney's office is preparing a Resolution for the acceptance of the F.A.A. Grant by the City Council on Ju~y 7, 1992 '~' Please prepare the Bid Tabulations on Schedule I Base B~d for a contract with APAC-Texas, Inc. of Fort Worth, Tex~ Also, Schedule II Runway Painting, Taxiway & Apron wi'~2h reflective marking for a contract with Precision Airfield ~f Denton v Texas. _:= Jo~T&ompso~-, Airport Mana~ JT:cg TELEPHONE: 817/383-7736 -- 817/383-7702 -- D/F W METRO 434-2529 ROUTE 1, BOX 100 · DENTON, TEXAS 76205 DATE: July 7, 1992 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1392 -- TENNIS COURT SLAB/OVERLAY RECOMMENDATION: We recommend this bid be awarded to the low bidder, Edward McDonald Co., in the total amount of $37,869.00. SUMMARY: This bid is for the labor and materials to lay a new pest-tension concrete slab and wearing surface on the existing tennis courts at Nette Schults Park. Two bid responses were received in reply to three notices mailed. BACKGROUND: Tabulation Sheet PROGRAMS~ DEPARTMENTS OR GROUPS AFFECTED: Parks & Recreation Department and Citizens utilizing the park. FISCAL IMPACT: Funds for this project will be taken from Certificate of Obligation for Building Improvements account #445-031-PARK-9215 Res.~s.~~ctf sub 't d: ~LRloyd V. City Manager Prepared by: Name: Denise Harpool [ Title: Senior Buyer A~proved: Name: Tom D. Shaw Title: Purchasing Agent 281.DOC {' ;.! ,,/, .. CONTRACT AGREEMENT THIS AGREEMENT, made and entered into this 7 A.D., 19 92 ,by and between THE CITY OF DENTON day of JULY of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and C.D. MCKAMIE. RT 1 BOX 100 JUSTIN, TEXAS 76247 of the City of And State of hereinafter termed .ffiSTTN TEXAS CONTRACTOR. , County of , Party of the DENTON Second Part, WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: BID # 1369 - ROOF REPAIR ELECTRIC PRODUCTION in the amount of $ 37.500.00 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 said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General conditions of the Agreement, the Special conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON ELECTRIC PRODUCTION STAFF all of which are made a part hereof and collectively evidence and constitute the entire contract. SPECIAL CONDITIONS Independent Status It is mutually understood and agreed by and between City and Contractor that contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. date work such The CONTRACTOR hereby agrees to commence work on or after the established for the start of work as set forth in written notice to commence and complete all work within the time stated in the Proposal, subject to 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. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: / , FORM: '"'Vy< . By 4fq~ (S ) C. D. MCKAMIE Party of the Second Part, CONTRACTOR B~~ ,. , (SEAL) CITY OF DENTON - DENTON ELECTRIC PRODUCTION PLANT DENTON, TEXAS PART 1 - GENERAL INSTRUCTIONS 1.1 QUALIFICATIONS FOR BIDDING: To qualify for bidding, each Contractor is required to obtain a copy of the Bid Invitation, Proposal, General Instructions, Materials, Execution, Drawings, Contract Documents, and attend the Pre-Bid Conference on (Day) (DATE) , 1992, at 10:00 a.m., at the City of Denton, Purchasing Conference Room, 901-B Texas Street, Denton, Texas. 1.2 INSURANCE: 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. 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. 1. 2.1 Standard Provisions: A. Without limiting contractor, the contracted work Denton, Owner, hereinafter. any of the other obligations or liabilities of the Contractor shall provide and maintain until the has been completed and accepted by the City of the minimum insurance coverage as indicated B. 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 ~equirements 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. C. 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: 1) 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. 2) 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 AAA006D7 PAGE 1 1. 2.2 AAA006D7 volunteers; or, the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 3) Liability policies shall be endorsed to provide the following: a. Name as additional insured the City of Denton, its officials, agents, employees and volunteers. b. 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. 4) All policies shall be endorsed to provide thirty (30) days prior written notice of cancellation non-renewal or reduction in coverage. 5) 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. 6) 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. 7) 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 Reauirements: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or- longer, if so noted: A. General Liabilitv Insurance: General Liability insurance with combined single limits of not less than $l,ODO,OOO 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 access policies. If the Commercial General Liability form (ISO Form CG 00001 Current Edition) is used: 1) Coverage A shall include premises, completed operations, independent operations, products, and Contractors, contractual PAGE 2 liability covering this contract and broad form property damage coverages. 2) Coverage B shall include personal injury. 3) Coverage C, medical payments, is not required. If the Current least: comprehensive General Liability form (ISO Form GL 0002 Edition and ISO Form GL 0404) is used, it shall include at 1) 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. 2) Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. B. Automobile Liabilitv Insurance: Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than $500,000 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 0001 Current Edition) C. Worker's Compensation Insurance: Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. o. Fire Damaoe Leaal Liabilitv Insurance: Coverage is required if Broad Form General Liability is not provided or is unavailable to the Contractor or if a Contractor leases or rents a portion of a City building. Limits of not less than $1,000,000 each occurrence are required. E. Additional Insurance: Other insurance may be required on a 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. 1.3 DESCRIPTION OF WORK: It is the intent of the specification that the new work will provide a watertight facility. The attached specifications describes the minimum acceptable standards of construction and finish. Provide a coal-tar extended elastomeric built-up roof system for the facility known as Denton Electric Production Plant, located at 1701-A Spencer Road, Denton, Texas. The roof shall be installed in accordance with the attached specifications and in strict accordance with the manufacturer's recommended procedures. AAA006D7 PAGE 3 PROPOSAL REROOFING AT DENTON ELECTRIC PRODUCTION PLANT CITY OF DENTON CONTRACT DOCUMENTS: Materials, Execution, having examined the undersigned offer: OFFER: 1. To furnish all labor, material, tools, equipment, transportation, bonds, all applicable taxes, incidentals, and other facilities, and to perform all work for the said Reroofing for the following area: Having Drawings, premises examined the Proposal, General Instructions, contract and Conditions for Reroofing work, and and circumstances affecting the work, the BASE BID - DENTON ELECTRIC PRODUCTION PLANT - REROOF AREA B; AND RETROFIT UNIT #4 PENTHOUSE TOWER ;JI~ .~ 7I~ tI~ ~-S J ~50()' UNIT PRICE PROPOSAL: ,r 1. Remove and replace deteriorated nailers: s ~~~ per linear foot. 2. Additional cost over and ab2(e t~e contract amount for weekend or overtime requested by the Owner: S 0 additional cost per man per hour. QUALIFICATIONS: 2. Contractor shall fill company name of materials being bid on. in below material manufacturer's Coal-Tar Elastomeric Membrane Base Sheet: r ~ Insulation:~ Felt: ~ ~ (CTEM) : !IF Bitumen: PROPOSAL REROOFING AT DENTON ELECTRIC PRODUCTION PLANT CITY OF DENTON Upon receipt of notice of acceptance of this bid, within thirty (30) days of the date of this proposal, I (or we) agree to execute the formal contract within ten (10) days thereafter, and to deliver an Insurance Certificate, a SURETY BOND in the amount of ONE HUNDRED PERCENT (100%) of the contract price for the faithful performance of the contract, and a ONE HUNDRED PERCENT (100%) STATUTORY PAYMENT BOND. The undersigned agrees to complete all work shown on the drawings and in the specifications within the time limits set forth below subject to additional days that may be added due to inclement weather and/or other justified and reasonable extensions or time as may be approved by the Owner. Contractors that are awarded contracts shall be prepared to immediately sit down with the City of Denton Manufacturer Representative and present a plan that will illustrate how progression of work is to take place to insure completion of all work within specified time limits. The time limits are as follows: If a Contractor is awarded the project, project must be completed within twenty (20) calendar days or Contractor will be subject to liquidated damages as set forth below. THE OFFICIAL WEATHER RECORD WILL BE KEPT IN THE CITY OF DENTON REPRESENTATIVE'S OFFICE. The undersigned agrees that the owner may retain the sum of THREE HUNDRED DOLLARS ($300.00) from the amount to be paid to the undersigned for each calendar day that the work contemplated remains incomplete beyond the time set forth, Sundays and Holidays INCLUDED. This amount is agreed upon as the proper measure of liquidated damages which the owner will sustain per day by failure of the undersigned to complete the work at the stipulated time, and is not to be construed in any sense as a penalty. Payment will not be made without City of Denton's Representative authorization, a Contractor's invoice and the Manufacturer's and Contractor's written warranties delivered to the City of Denton. PROPOSAL REROOFING AT DENTON ELECTRIC PRODUCTION PLANT CITY OF DENTON I (or we) agree to promptly furnish a correct and current financial statement of condition with list of owned equipment and an experience record of completed projects for examination by owner and architect, if same is required. SEAL (If by Corporation) C-, If? Indicate if: [J Partnership [ ] corporation ;><t Sole Owner If a partnership, list names and addresses of partners: ,/1# If a corporation, existing: indicate state in which corporation was organized and is ~ . . SALES TAX Materials which are incorporated into or become part of the project are exempt from sales tax. A "separated contract" will be issued by the City of Denton which separates charges for material from charges for labor. The Contractor is expected to execute a resale certificate instead of paying the sales tax at the time of purchase. The City of Denton will issue an exemption certificate for the materials as long as they are a part of the finished project. If a Contractor does not issue a resale certificate, then the amount of sales tax must be included in the prices quoted. No additional compensation, beyond the prices quoted, is due the Contractor for sales tax. A. Total Labor. . . . . . . . . . . . . . . . . . $ / ~I; 0 IJ 0. ;2.. '), .7--0 v,. I . ' , B. Total Materials . . . . . . . . . . . . . . . . $ A.~..m~. CERTIFICATE OF INSURANCE ISSUE DATE (MMIODIYY) Howard Hill, Walker & Coates P.O. Box 121189 Ft. Worth, Texas 76121 -'r-ffIS-CERffFTcATnS-jSSUEDAS A M-JlTfER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLIc:LE!L~EL()'N_'_ ._.___________________ _____ COMPANIES AFFORDING COVERAGE PRODUCER COMPANY A LETTER EAGLE INSURANCE COMPANY INSURED COMPANY B LETTER TRUCK INSURANCE EXCHANGE C.D. McKamie Company Rt. 1 Box 100 Justin, Texas 76247 COMPANY C LETTER FI REMANS FUND GROUP COMPANY D LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDIYY) DArE (MM/DD/YYI LIMITS GENERAL L.IABllITY X COMMERCIAL GENERAL LIABILITY A CLAIMS MADE OCCUR. OWNER'S & CONTRACTOR'S PROTo HLAB 700102 10-9-91 GENERAL AGGREGATE S 1 , 000 , 000 PAOOUCTS.COMP/OP AGG. S 1 , 000 , 000 PERSONAL & ADV. INJURY S 1 , 000 , 000 10 - 9 - 9 2 EACH OCCURRENCE , 1 , 000 , 000 FIRE DAMAGE (Anyone tire) $ 50 , 000 MED. EXPENSE (Anyone person) $ 5 , 0 0 0 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS B X SCHEDULED AUTOS HIRED AUTOS NON.OWNED AUTOS GARAGE LIABILITY EMPLOYERS' LIABILITY COMBINED SINGLE , LIMIT 500,000 BODILY INJURY , 35 8941 30 58 6-30-92 11-06 -9 2 {P" ''''001 BODILY INJURY , (Per aCCIdent) PROPERTY DAMAGE , EACH OCCURRENCE $ AGGREGATE , STATUTORY LIMITS EACH ACCIDENT '1,000,000 ZIREA7-1 7-9-92 7-9-93 DISEASE-POLICY LIMIT '1,000,000 DISEASE-EACH EMPLOYEE '1,000,000 EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM C WORKER'S COMPENSATION AND OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS Additional Insured City of Denton, its officials, agents, employees, and volunteers. City of Denton 901-B Texas Street Denton, Texas 76201 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3.0.... 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 UP:g:;THE'COMP~NY' ITS AGENTS OR REPRESENTATIVES AU'rHOflIZED REPRESENUTIVE 'I f ( ttJ.,,/,.J '. "- . L,.(&l-U @ACORD CORPORATION 1990 CERTIFICATE HQLDER ACORD 25-S (7/90) THE AMERICAN INSTITUTE OF ARCHITECTS I CDM-669 AlA Document A372 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): C.D. McKamie Company Rt. 1, Box 100 Eakins Cemetary Road Justin, Texas 76247 OWNER (Name and Address): City of Denton 901-B Texas Street Denton, Texas 76201 CONSTRUCTION CONTRACT Date: July 7, 1992 Amount: $37,500.00--- Description (Name and Location): SURETY (Name and Principal Place of Business): Eagle Insurance Company P.O. Box 790868 San Antonio, Texas 78279 Roof Repair Electrical Production Plant BOND Date (Not earlier than Construction Contract Date): Amount: $37,500.00---- Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) C.D. McKamie Company Signatu~~, ~j..' , Name and Title: "\L~ ~<:).....""",€.. C4-.~~ ~"-^-- (Any additional signal'ures appear on page 3) July 21, 1992 [j9 None o See Page 3 SURETY Company: Eagle Insurance (Corporaie Seal) Signatu re: Name and Title: AttorneY-in_Fact (FOR INFORMATION ONL V-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): AlA DOCUMENT A312 . PERFORMANCE BONO AND PAYMENT BOND. DfCEMBER 1984 ED . AlA Ii, THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, N.W , WASHINGTON, D.C. 10006 THIRD PRINTING. MARCH 1987 WARNING: UnUeensed photocopying violates U.S. trademark laws and Is subject to legal prosecution. A312.1984 1 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which IS Incorporated herem by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligatIon under this Bond, except to partIcipate In conferences as provided In Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described In Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to diSCUSS methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, If any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have receIved notice as provided in Sub. paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the term~ of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para. graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions; 4.1 Arrange for the Contractor, with consent ot the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tIOn Contract itself, through Its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated propo~als from qualified contractors acceptable to the Owner tor a contract for performance and completion of the Con- ~truction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with pertormance and payment bonds executed by a qualified surety equivalent to the bonds Issued on the Construction Contract, and pay to the Owner the amount of damages as described In Paragraph 6 in ex- cess of the Balance of the Contract Price Incurred by the Ovvner re-sulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for whIch It may be liable to the Owner and, as soon as practicable after the amount 1<; deter- mined, tender payment therefor to the Owner; or .2 Deny liability In whole or in part and notlty the Owner citing rea~ons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on thiS Bond fifteen days after receipt ot an additional written notice from the Owner to the Surel\' demanding that the Surety perform Its obligations under thIS Bond, and the Owner shall be entitled to enlorce an\' remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner retuses the payment tendered or the Surety has denied liability, In whole or In part without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor',> right to complete the Construction Contract, and if the Surptv elects to act under Subparagraph 4.1, 4,2, or 4.3 above, then the responsibilities of the Surety to the Owner ~hall not be greater than those of the Contractor under the Construction Contract, and the responsibilities 01 the Owner to the Surety shall not be greater than those ot the Owner under the ConstructIon Contract. To the limit ot the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation ot costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsIbilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, deSign professional and delav costs resulting from the Contractor's Default, and re- sulting from the actlon~ or failure to act of the Suret\' under Paragraph 4; and 6.3 Liquidated damages, or If no liqUIdated damagt'" are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-pE'rJor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others i,H obligations of the Contractor that are unrelated to the Con~ structlon Contract. and the Balance of the Contract Price shall not be reduced or set off on account of any ~uch unrelated obligations. No right of action shall accrue on thiS Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent Juri~dlctlOn in the location In which the work or part of the work is located and "hall be instituted within two years after Contractor Detault or within two years after the Contractor ceased working or within two years after the Surety refuse~ or tads to perform its obligatIOns under this Bond, whichever oc- curs first. If the provIsions of this Paragraph are vOid or prohibited by law, the minimum period of limitatIOn avaJl~ AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 19M ED. . AlA R THE AMERICAN INSTITUTE OF ARCHITECTS, 171') NEW YORK AVE., N w . WA:,HINGTON, DC 20006 THIRD PRINTI~G . MARCH 19B7 WARNING: Unlicensed photOCOPYing violates U.S. trademark laws and is subject to legal prosecution, A312-1984 2 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed Incorporated herein, The mtent is that this Bond shall be construed as a statutory bond and not as a common law bond, 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor IS entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the Slg~ nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply With the other terms thereof. (Space is provided below for additional Signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address: :--::.1 :.:I,r1'"'CiI'I: ',-;:.. ;hOUld 31C" :n )r'r;;,~.-l! ~': ,'j\~,n,jl' :JSUf2S :~HH :':;'5n~e5 'Jlj: ,'H ',': ~-_; >::_{.[-:f'J :'S "';~y .;C;::Ui ".J..r,,: '. - ;').-:-;;' :;'; ; :?;!~, ~t:(;~?\J. -.- -j SURETY Company: (Corporate Seal) Signature: Name and Title; Address: -~ .:;c:J"...e~~' J.':r-:;: .35 "-I ,:rh'p:;tJ 'i ;::' ~ ,; .;fl A312-1984 3 AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED, . AlA ':5l THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, N W., WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 WARNING: Unlicensed photocopying violates U,S. trademark laws and Is subject to legal prosecution, EAGLE INSURANCE COMPANY 14607 San Pedro, San Antonio, Texas 78232 CDM-669 GENERAL POWER OF ATTORNEY Know All Men By These Presents. That EAGLE INSURANCE COMPANY has made. constituted and appointed. and by these presents does make. constitute and appoint WAYMOND UGHTFOOT its true and lawful attorney. for it and its name. place. and stead to execute on behalf of the said Company. as surety. bonds. undertakings and contracts of suretyShip to be given to AlL OBUGEES provided that no bond or undertaking or contract of suretyShip executed under this authority shall exceed in amount the sum of $500,000.00 This Power of Attorney is granted and is signed and sealed by facsimIle under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 20th day of June. 1991 "RESOLVED. that the Chainnan of the Board. the VIce Chalnnan of the Board. the President, an Executive VIce President or a Senior VIce President or a Vice President of the Company, be. and that each or any of them hereby is. authorized to execute Powers of Attorney quaUfyinc the attorney named In the gM!n Power of Attorney to execute in behalf of the Company. bonds. undertaklncs and all contracts of suretyShip, and that an Assistant VIce President. a Secretary or an Assistant Seaetary be. and that each or any of them hereby 15. authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED. that the sl&Mtures of such offlcers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile. and any such Power of Attomey or certlflcate bearing such facsimile sllll1atures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond. undertaklng or contr.lCl of suretyShip to which it is attached." In Witness Whereof. EAGLE INSURANCE COMPANY has caused its official seal to be hereunto affixed. and these presents to be signed by the President and attested by its Vice Presidents this 5th day of July. 1991. EAGLE INSURANCE COMPANY Attest: By: )~:2~tt~~~ (~.~:( Ste en C. Dahl sident ./ STATE OF TEXAS ~ 55.: COUNTY OF BEXAR On this 5th day of July. 1990. before me personally came Stephen C. Dahlbo. to me known. who being by duly sworn. did depo_e and say that he is President of the EAGLE INSURANCE COMPANY. the corporation described in and which executed the above instrument; that he knows the seal of the said corporation, that the seal affixed to the said instrument is such corporate seal, that is was so affixed by order of the Board of Directors of said corporation and that he signed his name hereto by like orde/1 J H' 0 > ~ e JOYCE ROBBINS Lz;1';;;1c;;'BBINS ,~_ Nota" Public, Slob 01 T_ NOTARY PUBLIC. State of Texas . My CGmml..... apireo 01.1&-94 Bexar County Commission expires January 10. 1994 CERTIFICATE I. the undersigned. Secretary of the EAGLE INSURANCE COMPANY. a Texas corporation. DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked, and furthermore that the Resolution of the Board of Directors. set forth in the said Power of Attorney. is now in force. -- -- 21st da~f July ~./ j/ / ,.,./~~. "~. , ' PA; CIA I. HOWARD. Secretary .1992 Signed and sealed at the City of San Antonio. in the State of Texas. Dated the THE AMERICAN INSTITUTE OF ARCHITECTS " CDM-669 AlA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): C.D. McKamie Company Rt. 1 Box 100 Eakins Cemetary Road Justin, Texas 76247 SURETY (Name and Principal Place of Business): Eagle Insurance Company P.O. Box 790868 San Antonio, Texas 78279 OWNER (Name and Address): City of Denton 901-B Texas Street Denton, Texas 76201 CONSTRUCTION CONTRACT Date: July 7, 1992 Amount: $37,500.00---- Description (Name and Location): Roof Repair Electric Production Plant BOND Date (Not earlier than Construction Contract Date): Amount: $37,500.00----- Modifications to this Bond: July 21, 1992 IllI None LJ See Page 6 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) C.D. McKamie Company Signatur~' 0 Name and Titl~ 'N'::.:~___~,e. -(Any additional Sig~ o~ SURETY Company: Eagle Insura (Corporate Seal) Signature: Name and Title: (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED. . AlA @ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N,W., WASHINGTON, D.C. 20006 THIRD PRINTING' MARCH 1987 WARNING: Unlicensed photocopying violates U.S. trademark laws and is subject to legal prosecution. A312.1984 4 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is Incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be nu II and void if the Contractor: 2.1 Promptly makes payment. directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from c1airns, demands, liens or SUitS by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use m the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address desCribed in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or mdirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under thiS Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof. to the Owner, statmg that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor. .1 Have furnished written notice to the Con- tractor and sent a COPY. or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment mcluded in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof. to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. & When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: &,1 Send an answer to the Claimant, with a cqpy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the baSIS for challenging any amounts that are disputed. &.2 Payor arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of thiS Bond shall be credited for any payments made in good faith by the Surety 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under thiS Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be suffiCient compliance as of the date received at the address shown on the signature page. 13 When thiS Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any proviSion in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and proVisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent IS that this AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER ,9S4 ED . AIA@ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE. N W. WASHINGTON, 0 C 20006 THIRD PRINTING. MARCH 1987 WARNING: Unlicensed photocopymg violates U.S. trademark laws and is subject to legal prosecution. A312-1984 5 Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BONO ARE AS FOLLOWS: Construction Contract, architectural and engineering services requi red for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materiais or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address: ~~':l :_ -:: ,::;: ~:'.! ':~..:ui.j ;::)~ ~;1 .J _",,,, ____.J ,1: ..;(: :_';,-::1 . ~::;'_ ;'28 ..i~l ~.-::Jr.:;'2:: !: l .'~ A312.1984 6 SURETY Company: (Corporate Seal) Signature: Name and Title: Address: ..'.~o....: -;;:, ~-. ',:';11 _J';' AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA @ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20006 THIRD PRINTING. MARCH 1987 WARNING: Unlicensed photocopying violates U.S. trademark laws and Is SUbJect to legal prosecution. EAGLE INSURANCE COMPANY 14607 San Pedro, San Antonio, Texas 78232 CDM-669 GENERAL POWER OF ATIORNEY Know All Men By These Presents, That EAGLE INSURANCE COMPANY has made. constituted and appointed. and by these presents does make. constitute and appoint WAYMOND LIGHTFOOT its true and lawful attorney, for it and Its name. place. and stead to execute on behalf of the said Company. as surely, bonds. undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shaH exceed in amount the sum of $500,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authOrity of the foHowing Resolution adopted by the Board of Directors of the Company on the 20th day of June, 1991 "RESOLVED. that the Chairman of the Board. the Vice Chairman of the Board. the President. an Executive Vice President or a Senior Vice President or a Vice President of the Com pan)'. be. and that each or any of them hereby is. authorized to execute Powers of Attorney qualifying the attorney named in the liven Power of Attorney to execute in behalf of the Company, bonds. undertakings and all contracts of suretyshipj and that an Assistant Vice President. a Secretary or an Assistant Secretary be. and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED. that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile. and any such Power of Attorney or certificate bearlne such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and In the future with respect to any bond. undertaking or contract of suretyship to which it is attached:' In Witness Whereof. EAGLE INSURANCE COMPANY has caused Its official seal to be hereunto affixed, and these presents to be signed by the President and attested by its Vice Presidents this 5th day of July, 1991. EAGLE INSURANCE COMPANY Attest: By: )~~~et~~s~t STATE OF TEXAS ~ 55.: COUNlY OF BEXAR On this 5th day of July. 1990. before me personally came Stephen C. Dahlbo. to me known. who being by duly sworn. did depo,e and say that he is President of the EAGLE INSURANCE COMPANY. the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that is was so affixed by order of the Board of Directors of said corporation and that he signed his name hereto by like orde~ , "" 0 , ~ e JOYCE ROBBINS Lz;1':;;'!c';;,BBINS .~. Nota" Public, Slota afT_ NOTARY PUBLIC. State of Texas . My CommiSSion api... 01.1&094 Bexar County Commission expires January 16. 1994 CERTIFICATE I. the undersigned. Secretary of the EAGLE INSURANCE COMPANY, a Texas corporation. DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in fuH force and has not been revoked; and furthermore that the Resolution of the Board of Directors. set forth In the said Power of Attorney, is now in force. Signed and sealed at the City of San Antonio. in the State of Texas. Dated the 21st da~f July /./ j/ / .",-----~~. vT..l' , ' PA;7,CIA I. HOWARD. Secretary .1992 ., Uj;;l-/ II CONTRACT AGREEMENT STATE OF TEXAS J( COUNTY OF DENTON J( THIS AGREEMENT, made and entered into this ~ day of JULY A.D., 19~, by and between THE CITY OF DENTON hereinafter termed .OWNER,. and and State of Texas, acting through thereunto duly authorized so to do, EDWARDS-MCDONALD CO.. 2728 S. HILLBRIER. of the County of DENTON LLOYD V. HARRELL PLANO. TEXAS 75075 of the City of PLANO , County of DALLAS and State of TEXAS , hereinafter termed .CONTRACTOR.. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID # 1392 - TENNIS COURT SLAB/OVERLAY in the amount of $37.869.00 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-I 0114s '. '?ther drawings and printed or written explanatory matter thereof, specifications therefore, as prepared by and the CITY OF DENTON PARKS, AND ~RF;ATION , , 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 01l4s . IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: {}/YI 1111-9-> LJa ~ //.' 0 In.u (ltTr ~ 1. -' 0 A"~~. ~ 0114s CA-3 ~ c~ ::NER . ~ ;{)~Nr ~ ~ (SEAL EDWARDS-MCDONALD CO. ::N~~ A .~ /)UM~ Title ~ (SEAL) PERFORHANCE BOND STATE OF TEXAS )( Bond # 2-602-346 COUNTY OF DENTON ) ( KNOW ALL MEN BY THESE PRESENTS: That EDWARDS-MCDONALD CO. , of the City of PLANO , and State of TEXAS Ohio Casuality Insurance Company , as SURETY, authorized under the laws oi the State of Texas to act as surety on bonds for principals, are held and firml, bound unto the THE CITY OF DENTON as OWNER, in the penal sum of THIRTY SEVEN THOUSAND EIGHT HUNDRED SIXTY NINE AND NO/I0 --------------------Dollars ($ 37.869.00 ) for the payment whereof, the saie Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jOintly and severally, by these presents: County of DALLAS as PRINCIPAL, and WHEREAS, the Principal with the OWNER, dated the ..2-. day of BID # 1392 - TENNIS COURT SLAB/OVERLAY has entered into a certain written contract JULY , 19..2L, for the construction of in the amount of $37.869.00 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-I PROVIDED, HOWEVER, that this bond is executed pursuant to th provisions of Article 5160 of the Revised Civil Statutes of Texas as amended b acts of the 56th Legislature, Regular Session, 1959, and all liabilities on thi bond shall be determined in accordance with the provisions of said Article to th. 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 th, work performed .thereunder, or the plans, specifications, or drawings accompanyi~ the same, shall in anywise affect its obligation on this bond, and it does hereb~ waive notice of any such change, extension of time, alteration or addition to th, terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed anc sealed this instrument this 7th day of July , 19~. Edwards-McDonald Company Principal By ~{,~ Ohio Casuality Insurance Company Surety 4~ ,( ~~~ Rayford Bolin Title Owner Title Attorney In Fact Address 2827 Hillbrier PIano, Texas 75074 Address 275 W. Campbell Rd.#501 Richardson, Texas 75083-3826 ( SEAL) (SEAL) ~ ~ The name and address of the Resident Agent of Surety is: Rayford Bolin Insurance Agency 13773 N. Central Expy #1600, Dallas, Texas 75243 NOTE: Date of Bond must not be prior to date of Contract. pB-2 009lb PATIIENT BOND STATE OF TEXAS )( COUNTY OF DENTON )( KNOW ALL MEN BY THESE PRESENTS: That EDWARDS-MCDONALD CO. of the City of PLANO DALLAS , and State of TEXAS , as principal, and Ohio Casuality Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for County of principals, are held and firmly hound unto THE CITY OF DENTON , OWNER, in the penal sum of THIRTY SEVEN THOUSAND EIGHT HUNDRED'SlXTY NINE AND NO/I00------------------------ Dollars ($ 37 ,869.00 ) for the payment whereof, the said PrinciPal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has wi th the Owner, dated the 7 day of entered into a certain written contract JULY , 19 92 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or. a subcontractor in the 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, alteration or addition to the terms of the contract, or to th work performed thereunder, or the plans, specifications or drawings accompanyini the same, shall in anywise affect its obligation on this bond, and it does hereb~ waive notice of any such change, extension of time, alteration or addition to th, terms of the contract, or to the work to be performed thereunder, IN WITHNESS WHEREOF, the said Principal and sealed this instrument this 7th day of July Surety have signed anc , 199~ Edwards-McDonald Company Principal ByM~ Bob Eggebreclit Ohio Casuality Insurance Company Surety 6MH!J~ Title Title Attorney In Fact Owner Address 2827 Hillbrier PIano, Texas 75074 Address 275 W. Campbell Rd. #1600 Richardson, Texas 75083-2826 -. . -' (SEAL) (SEAL) " -' ~ '-" The name and address of the Resident Agent of Surety is: Rayford Bolin Insurance Agency 13773 N. Central Expy #1600, Dallas, Texas 75243 PB-4 0092b ClUlul'J.d) COPY 0' POWEI. 0' A'lTOllNEY TO OBlO <<:ASlJALTY INSIJIlAND: <<:OMPANY HOIIS OPPICIC, HAlllLTOK, OIUO No. 18-148 ~ .fJl .,. IqJ III.. Jr,lItlltll: TJ.at THE OHIO CASUALlY INSURANCE COMPANY, Itt pa.-_ of auth.oritJ' .....t.. ..,. Articl. vL Section 7 of the B,..Lawa of .id CompaD~. dou hereby Dommat., coutitute aDd appowt Rayford L. 801in - - - - - - - - - - - - - - - - - - M Dallas, Texas - - - - - - - ita trua and lawful ...at aad attol'll." ..in..f.ct, to make. ezecute, .eal and deliver for and 011. ita IMh.1E .. lurety. .ad .. i.. act aad dwed a~ aad aU BONDS. UNDERT MINGS. aad RECOCNIZANCES. aot .",..edia. ia OUT IiqIo iaotaaca ONE MILLION - - - - - - - - - - - - - - - - - - - - - - - - ($ 1 000 000.00 -) Dona.... ocludiD'. how..,..!'. aD1 Had(.) or uDdertakiDfr(') parante.i.., the payment of note. and iJ'-tere.' thereOD And the e:r.eeuttDD of lueh boDd, or undertakinp ia purauaDce of th.ne proeenta. .han be .. hindina upon aid CompaDr. .1 fully and amply, to .n went. and purpoae., .. if they bad been duly executed .nd ackD.Owledced by the faptl)- electoed of6.c.... of the Company at itt o.&ice in Hamilton, Ohio. in tbeir own proper perlon.. The authority .....nted h.r.under 'up4'necl.. aD,. previo1D authority heretofore araDted the aho.... named attomey(.)-in-fact. In WITNESS WHEREOF. the underaigned. Ohio Ca.ualty luurance CompeDY ha. hereunto .uhacrihed te Soal of th. .id Th. Ohio C.aualty Juurance Camp 19 81 . ST ATE OF OHIO. COUNTY OF IlUTILR 155. Asst. Oa tJ.iw 27th dwyof October A. D. 19 81 before tho .ub.criber. a Notary PuhUc of the State of Ohio. in and for the County of Butler, duty commi..ioned and quati6.ed. came Richa d T Hoffm A~st Se + r _ _ .. of THE OHIO CASUALlY INSURANCE COMPANY. to m. r.oraonSty known to 1M~Re' iDdi'Y1C1Ui.t artfbM~eii ~scribed in. and who executed the preceding instrument. and be acknow- edged the execution of the ..me. and beinil' by me duly aworn deposeth and aaith. that he i. the officer of the Company afore.aid, and that tDe ...1 affixed to the precedin8' inatrument i. the Corporate Seal of aaid Compeny. and the aaid Corporate Seal and hi. .ipature a. officer were duly a8ixed and .ubacribed to the aaid inatrument by the authority and direction of the ..id Corporation. ~'\\"l'lll"'IIl, ..,$' ""'''. ,-..." ......~, I./~~' =.t . · \. " . , ~,., . '.to" ",,- .. ~;;,........';) ...~ t."".~ 11I1n",,""'- IN TESTIMONY WHEREOF. I h... hercualo o.t my h.nd ."d .1Ii:<cd my Olli.ial Seal at the City of HamiltoD, State of Ohio. the day and year fir.t .bove writtea. "~-;;~i"~ .......D.acemb.er....ll....191U.... This power of attorney i. Iranted under and by authority of Arti.cle VI, Section 7 of the By-Lawa of the Company, adopted by ib direct01'l on April 2. 1954. extracts from which read: "ARTICLE VI" "Section 7. AppoiDtDleDt of AttorneJ'-in.Fact. etc. The chairman of the boa.rd. the pre.ident. any vice-president. the .ecretary or any a..istant ...cretary ahan h.. and i. hereby ve.ted with full power and authority to appoint attorneya-in-fact for the purpo.e of .ignina the name of the Company a. surety to. and to execute, attach the corporate .eal. acknowledge and deliver any and all bond., recoanizance., atipulation.. undertaking. or other in.trument. ol .uretyahip and policie. of inaurance to be liven in favor of any individual. 6rm. corporation, or the official representative thereof. or to any county or atate, or any oBici.1 board or board. of county or .tate, or the United Stat.. of Amorica. or to any other political .ub. division." Th;a instrument i. aigned and .uled by fae.imile as authorized by the following Re.olution adopted by the directou of the Company on May 27. 1970: "RESOLVED that the .ilnature of any oAlcer of the Company authorized hy Article Vt Section 7 of the by-laws to appoint attorney. in fact. tho aipaturo of the Secretary or any Ani.tant Secretary certifying to the eorreetne.. of any copy of a power of attorney and the .eal of the Company may he affixed by facaimile to any power of attorney or copy thereof ia.ued on behalf of the Company. Such .ignatur.. and ual are hereby adopted by the Company.. original .isoature. and ..al. to be .alid and bindina upon the Company with the liame force and effect a. though. manually affixed..' CERTIFICATE I. the undenigned A..i.tant Secretary of The Ohio Cuualt)' In.urance Company. do hereby certify that the foregoing power of attorney. Article VI Section 7 of the by-law. of the Company and the above Resolution of it. Board of Diroctora ar. true and earreet eopie. and .re in full foree and effect on thi. date. IN WITNESS WHEREOF. I have hereunto aet my hand and the .err.l of the Camp_ny thi. 7th d.y olJuly A.D.. 1932 .~ 4/P4;:::? t Assistant Secretory " CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorse- ments as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: without limiting any of the other obligations or liabilities of the contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the city of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: 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. .-n.......r>....."yr.n 1 '1 lo_nl " 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 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 0002 Current Edition and ISO Form GL 0404) shall include at least: (ISO Form GL is used, it 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 not less than - 500,000 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 OOOl Current Edition) Insurance Requirements Page 4 [x] workers compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $IOO,OOO 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 Limits of not less than required. form General Liability is not to the contractor or if a 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 lOO% 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 : BID NUMBER 1392 BID PROPOSALS Page 2 of 7 City of Denton, Texe. Purcheelng Deparlment 901.B Texae SL Denton, Texa. 76201 ITEM DESCRIPTION QUAN. PRICE AMOUN 1. New post-tension concrete slab and wearing surface on the existing tennis courts at Nette Schultz Park as per Specifications. ~ $5'J, g b ') . Each bid must be accompanied by a cashier's check, certified check, or acceptable bidder's bond payable without recourse to the City of Denton, Texas in an amount not less than five (5%) percent of the total amount bid as a guarantee that the bidder will enter into a contract and execute required payment and performance bonds and insurance certificate(s) within ten (10) days ~fter the notification of the award of the contract to the bidder. TOTALS We quote the above f.o.b. delivered to Denton, Texas. Shipment can be made in 70 unless otherwise indicated. days from receipt of order. Terms net/30 In submitting the above bid, the vendor agrees that acceptance of any or all bid Items by the City of Denton, Texas within a reasonable period of time constltues a contract. The completed Bid Proposal must be properly priced, signed and returned. al:J..8 ~ ~!tLC/5~/F-e t) Mailing Address ._ r )JJ We) /Y.-;7S-Cl \ City State Zip () L4-- 8(07- /~S-o _ feleohone ~ow~1S - i1!1c~bov/JcJ, Co "/4)((~dd" ~-- , -ttPA 'J . goat"o ( ~v.vE_.&.. TltlA -'",' ~ -- ~ " @ The Ohio Casualty Insurance Company HAMILTON. OHIO BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, That we, Bob Eggebrecht DBA Edwards McDonald Company (hereinafter called the Principal) as Principal, and THE OHIO CASUALTY INSURANCE CaM- P ANY, a corporation organized under the laws of the State of Ohio, with its principal office in the City of Hamilton, Ohio (hereinafter called the Surety) and licensed to do business in the State of Texas as Surety, are held and firmly bound unto City of Denton, Texas (hereinafter called the Obligee) in the penal sum of Five Percent of Greatest AmoWlt Bid Dollars ($ 5% of GAB ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal has submitted the accompanying bid, dated JWle 23, 19 92 , for Tennis Court - Slab Overlay Nettie Schultz Park Bid #1392 NOW, THEREFORE, if the Obligee shall make any award according to the terms of said bid and the Principal shall enter into a. contract with said Obligee in accordance with the terms of said bid and give bond for the faithful performance thereof within the time specified; or if no time is specified within thirty days after the date of said award; or if the Principal shall, in the case of failure so to do, indemnify the Obligee against any loss the Obligee may suffer directly arising by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void: other- wise to remain in full force and virtue. COMPLAINT NOTICE: SHOULD ANY DISPUTEARISEABOUT YOUR PREMIUM OR ABOUT A CLAIM THAT YOU HAVE FILED. CONTACT THE AGENT OR WRITE TO THE COMPANY THAT ISSSUED THE POLICY. IF THE PROBLEM IS NOT RESOLVED. YOU MAY ALSO WRITE THE STATE BOARD OF INSURANCE. P.O. BOX 149091, AUSTIN. TEXAS 78714-9091, FAX #512,475-1771. THIS NOTICE OF COMPLAINT PROCEDURE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THIS POLICY. Signed, Sealed and Dated this.__.~?:r<i______.day of ____J1Jn.":__.______., __.__ __________., 19.9.2..... __ __];d~8:~s )1(ll)ClIl8:ld Company a / ----;j.~y.i.).----.----:.----~;----.------ m::::~::~~7ts;;~~~~~; Ra~10rd14;1lf!~~~~{:1~~....,..--..----. , Form 5604B OCD-526 ..;: -. CIIlJ:U'.uw COpy OP POWEll OP ATI'OllNEY TBB OBlO ~AS1JALTY INS1JIUNCB ~OMPANY __ _ IlAlllLTOII, OIGO No. 18-148 ~ '-11 .. IIg II.. Jr,.,utJI: TJ.at nIE OHIO CASUALty INSURANCE COMPANY. ... pa....- of ovthoritJr ...... . AniClo vL Sowoa 7 0' tho 8,..La... of _id Compoaf' d_ h......,. aOlOiaat.. .oawtituto aad oppoiat. Rayford L. Bolin - - - - - - - - - - - - - - - - - - M Dallas, Texas - - - - - - - ita true .nd lawful ..... ..cI .ttom.,.. -iD.fact. to ..k.. .SKute. ..1 and deliver for and 011 it. lwthaU a. .uretJ'. .Dd .. ita a.t aad dM 0"7 ad aD BONOS. UNDERTAKINGS. aad RECOCNIZANCES. aot .,....dial ia 00" oiqIo iaotaaco ONE MILLION - - - - - - - - - - - - - - - - - - - - - - - - ($ 1 000 000.00 -) DoDaro, ea:cludiq. how....r. .11)' boad(.) or uDclert.lcioc(.) paraDteeiDl the paymeDt oE note. .ad ~tereet' tllereoD And the asecutioD of eucll MDd. or ua,denaki..p ill punuaDCe oE th... r.r....u. shall be a. biDdina upon aid Company. a. Eully aDd ampl,.. to aD iatellb .nd purpo.... .. if the,. 1lad been du,. O'Zecuted aDd ackaowJeda:ed by the r.aularJ,. elected office,.. of tlt.. Co~n,. .t ita oJlice in H.miltoll. Ohio. ill tbeir own proper per.ona. Tho .uthoritJ' ....ated hereuDder .upen..... .DY previoue .uthority ber.toEore a:raDted th. abov. Da.ed .ttomey{a).i..-fact. In WITNESS WHEREOF. the underaigned. Ohio c.aualty IDear.nce Company baa hereunto .ub.cribed te Seal of tU ..id Th. Ohio CuuoltF ....ur.... COlOp e 19 81 . ST A 11: OF OHIO. COUNlY OF IllJl1ER } SS. Asst. Secretar 00 du. 27th cloy 0' October A. D. 1981 before the sub.criber. a NotaJ7 P..hUc of tile State of Ohio. ill .nd for the County of Butler. duly commiuioned and qualified. came Richa d T H ffm A~ST Se T r _ _ _ 01 niE OHIO CASUALty INSURANCE COMPANY. to 100 r.erson.~IY known ~o MilLie' iGdiVlClUrat a~tMl'A ~seribed ill. and who esecuted the preceding instrument. .nd he acknow.. edged the esecutioD of the ..me. .nd heina by me duly sworn deposeth and saith. that he i. the officor of tho Company aforesaid. .nd tbat the ...1 aJlised to the prec.edinl' inatrument i. the Corporato Seal of said Company. and tho ..id Corporate Seal and his sip.ture .. oSicel' were duly .Bised and subscribed to tho said instrumen.t by the authority .nd direction of the ..id Corporation. ~Uftllllll" ,," ...."t., ~..,.........~ i."~~ .. =.{ * . ~.. 'I \~..,:'~ .': I ..,,;,, i.~.';," """.,..,.- IN TESTIMONY WHEREOF. I han Iuoreualo ,el my ho.d o.d ollizad 10" Olli.ial Seal at the Cit7 of Hamilton. State of Ohio. the day .nd yoar &r.t .bove written. "N;;;~';;'Pui,Ii~' i;;'a':d'lo; . . ;;;;. ';i'~'~i.i~- . .."...D.e.cemb.er.".1l~...l9Jn.." This power of .ttomey i. .ranted under and by authority of Article VJ. Section 1 of the By-Law. of the Company. adopted by ita directore on April 2. 19'4. estracts from which read: "ARTICLE VI" "Section 7. Appointment of Attoraey.in.Fact. etc. The chairman of the boud. the pre.ident. any vice-president. tLa aecretary or any ...istant Hcretary ahall be .nd i. hereby vested with full power and authority to appoint attorneys.in.fact for the purpose of .iaNna: the name of the Company a. aurety to. and to esecute. attach the corporate seaL acknowledge and deliver any and aU bonds. reeoa:niune... atipulations. undertakings or othor instrument. of suretyship and policies of insurance to be Kiven in favor of any individual. firm. corporation. or the official representative thereof. or to any county or atate. or any official boaI'd or board. of county or .tate. or the United State. of Amorica, or to any other political sub- division." Thi. instrument i. aiened and sealed by facsimile .s authorized by the fonowing Resolution adopted by the directors of the Company on May 27, 1970: "RESOLVED that the sian.ture of any officer of the Company authorized by Article VI Section 7 of the by-law. to appoint attorneya in fact. the sipature of the Secretary or any As.istant Secretary certifying to the eoneetnes. of any copy of . power of attorney and the seal of the Company may be .ffi:ud by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such ahrnatures and .eal are hereby adopted by the Company a. original .ignatures and ..al. to be .a1id and bindina: upon the Company with the .ame force and effect a. though. manually affised." CERllFIC,\ TE J. the undersia:ned A..istant Secreta..,. of The Oh..io Casualty Insurance Company. do hereby certify that the foreaointr power of attorney. Article VI Section 7 of the by.Jawa of the Company and the above Resolution of its Board of Oirectora ar. true and correct copie. and are in full force anel effect on tbi. date. IN WITNESS WHEREOF. J have hereunto set my hand and the seal of the Company this 23rd day otTune A.D.. 1992 .~ 4:7P4~ , { A~sistont Secretory A.~.tlllt. CERTIFICATE OF INSURANCE ISSUE DATE (MMIDDIYY) July 21, 1992 PRODUCER Rayford Bolin Insurance Agency 13773 N. Central llixpy #1600 Dallas, Texas 75243 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NDT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY A lETTER Ohio Casuali ty Insurance Co. CODE SUB.CODE INSURED e~i'i~~NY B Bob Eggebrecht dba Edwards NcDonald Co. 2827 IIillbrier PIano, Texas 75074 COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER --- .._----_._-~_.~.- - COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY 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 LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/DDJYY) ALL LIMITS IN THOUSANDS GENERAL LIABILITY AX COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR BLO 188046(93) GENERAL AGGREGATE '500 PRODUCTS-COMP/OPS AGGREGATE '500 4-14-92 4-14-93 PERSONAL & ADVERTISING INJURY .excl EACH OCCURRENCE .500 FIRE DAMAGE (Anyone fire) . 50 MEDICAL EXPENSE (Anyone person) . 5 COMBINED .1,000 SINGLE 4-14-92 4-14-93 LIMIT BODILY INJURY . (Per person) BODILY INJURY . (Peraccldenl) OWNER'S & CONTRACTOR'S PROTo AUTOMOBILE LIABILITY AX ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY BAD (93)188046 PROPERTY DAMAGE . EXCESS LIABILITY EACH AGGREGATE OCCURRENCE . . OTHER THAN UMBRELLA FORM STATUTORY WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY . . . (EACH ACCIDENT) (DISEASE-POLICY LIMIT) (DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHIClES/RESTRICTIONS/SPECIAL ITEMS City of Denton, its Officials, Agents, l1'lllployees and Volunteers, as additional insureds -_._-~--_.~------ CERTIFICATE HOLDER h________ ________ CANCELLATION Ci ty of Denton 901-B Texas st Denton Texas, 76201 Purchasing Department SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL --3Q 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. --- ------ _PRESENTATIVE ,( ~~ C2y ~ @ACORD CORPORATION 1988 ACORD 25-S (3/88) '- Certificate of Insurance 1,,1, ,f.HllnCAIL IS ISSU(D AS A MAIHH Of INFOIlIIAlIOH O~lY ANI' ,UNfERS NO RIGHTS UPOH YOU, TH( CERTIFICATE HOLOER. I , kVf AH IHSUHAHCE POLICY AHU IIOES NOI AMEND, mEND, OR AI iCN [HI COVLllAGE AHOROED BY THE POLICIES .ISTEO BElOW, nllS CEAII,ICA/t T ! I -.-.-.----.. 'l'llis ls to Cutify that I SOil EGGEBRl!:CB'l' DBA EDWARDS-MCDONALD COMPANll 2728 IiILLBRIER L-PLANO, TX 1~07~ -, 050919 lIame and - Addcess of Insured " LIBER1Y MUTUAL, .J h. <It tn. inue IUlt.e of this nrtHic:ate. In!ll.ll'ed by lru.' to.p.tIny under tll. policr(1t.) lhted belolll. Thlt ''',urine. ."orded by the 111'.~ polt'1(ies) j. 5ubj.ct to all their L'''5~ ~.cluliGa, IRa condition, inG .1 ~t .ltortd b1 a"l 'eQytr...nts~ ten. or canqltlon ot 4ft) contrlct Dr other docu.wnt ~Itft r.,p~et to which thl, c.rtifi~te a.y be ls$Ued. I I 1--- I I 1 I I I I p '.'--.--.--... .._-~ - TYPE CEMT, UP. IloIIE* OF o CO>t1'UIUOUS 0 IID'BllDIIU OLley !El POLICJ ~_ EllS 06/22/93 WCl ENSAl'10/JI ~'-' .------- ~- -- CIAL '-AL lLITll INS IlADB :,~J UlUiBIICB -- ---'"'- -- IAL/UCL. S_S IABILUY 8l) -OWlIKD POLICY NUMBER - .-.- -... LIMIT OF LIABILITY -- Cb~ORDE~.!,~~R w.e. ~PLOYER5 LIABiliTY .... WI OF THE fOI LOWlla stATES, Iodlll InJury 11 ""eldo., 03. !l'EXAS 100.000 .!!.: !I , Iodlll InJurl 81 01,.... 100,000 r.. I'~ I ~~rDJyt' ., U1.t'Sc SOO,OOO Pol. " GeIi.tAi-A~~!.t.-otb.~ thlD _..- Product_, .t~ aperatto.. prod"gus/Completed Operation. Aggregat. ....--.. Bodily lnjuty aa~ Ptopetty D...g. Liability pM" OQCIH nUll "--, Per.onal and Advatti.ing lnjuty pet ~rson/ organJ.aatllJu Otll.t 04___ --_. -..--.- -- $ EACIl AtCIIllIT.SIIl6LE LIMIT-B,1. AlO P.O. 11*111. $ EACH PeRSOI $ EACIl ACCIIIUT $ fACH A(:(.lm ON OCQlIUlfNct 01 Dew..' N --''', q I I I I i ....,I I ...11l j WOIlK COMP -b~J!'-oadd61- COMImR Gli:Nllit 1,1 Ail CI llJ.J\ lillIHO'~ l S1'!JIC WlIlOIl '"-I I -I I ! i ! [Jocc AU'I'O L CI OWN o tlON o IIIRlIP RAYFORD BOLIII INS. AGEJiCl!' 13773 II, CENTRAL EXPl!'., 8TE. 16UU _ _ _ __ DALLAS. TX 75343 ,.___ _, ._____ I.OCA'l'IOll(SI OF DPllRA~IOllS , JOB (U ~pUcab1.) TDKIlCllIPl'IOII 01' OPIlIIA'rIOIIIl. __ ___JQ.UAYS NOC EXCEPT NONPAll __ _ ___ _L_ It lh~ c~rt1ftcate ~~it.t1o~ date 't continuoul Or ext.nded tor.. rou will b. hOtified if covertge 1. tlnl1n.ted or re- k1cc4 lllHore th. certif1c.ate upt.,..tioft date, howevor. JOU vOl nol lit OQtHie4 'MUlll)' uf Ute cont1nul1iian of coVlngl. kU I I -"1 -I " I' CI I I , OIIWUR. Liberty H.utu..tJ IUW:.a~uy Crou.p lO'l'lCE OF CANCELLATION: THE COMI'A~ll WILL No'r 're.'llMINATE OR REDUCE 'HE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS 30 DAllS IO~'ICl! OF SUCH l'l!lRMINATIO~ OR REDUCTION liAS aEl!:N MAILED TOI [' TBI!l CITY OF DENTON l'X -, PURCHASING DI!lPT 901-B '1'EXAS ST DEIl'l'OH TX 76201 .Ut:!; ..... ...~~ .J) ~J (i.. ' .. Ir, '1'T' _ __ AUTHORIZED REPRESENTIVE 08/03/93 MISBAWAKA I DATE ISSUED OFFICE _ ll-"',:J,'l'E