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1990-184
ORDINANCE NO. ~d AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- petitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1153 Jagoe Public Company $718,285.40 1159 Denton Trinity Roofing See Exhibit A not to exceed $ 58, 467. 00~ 1168 Northeast Service Inc. See Exhibit B 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 Pro- posals, 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 hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective im- mediately upon its passage and approval, PASSED AND APPROVED this the i day of ,1990. - 14 & _J P BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP VED AS O LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: YIW AJAI jfttd~k PAGE 2 DATE: 11-20-90 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Bid 41153--Bell, Mingo & Scripture Drainage RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Jagoe Public Construction Co., in the amount of $718,285.40. SUMMARY: This bid is for the labor, materials & supplies to install storm sewer and other drainage related items in these general areas: 1) Intersection of Bell Avenue & Mingo Road, North on Mingo to Vine and along Vine to Grove 2) Intersection of Mingo & Schmitz, Northeast along Mingo to Ruddell 3) Along Scripture from 135 East to Bonnie Brae BACKGROUND: Tabulation Sheet Memorandum from Jerry Clark dated 11/2/90 PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Engineering Department and citizens utilizing these areas. FISCAL IMPACT: Funds for this project will come from bond funds for drainage improvements. Resp fully /sub i ted: % E-1 4§d V. Harrell City Manager Prepared by: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent W N r C] K ~H H 0 LTJ t7 t7 O z py czi ~-C H H - - - - - - - - - - - - - t;tz td td H L~ m t:j ca td t~ td C yHy Z C zzO H H t" t~J C ;tl Cyyr H O m [O=7 w 9 Gz] r w Lij V txj 4+ 0 7d H 9 H H r ~ cn z 4~ z H ~ H n Gai z o H N to ci n t1i x a r y yr to to 7 ° F" v vim, lC Z rC to r 00 to z m in w rn i.n O td w N H 00 7d ".d O 00 ON ON O O O O O O Cl O O - - - - - - - - - - - - - - - - - - - - - - - - - - H 7y H co N N W C O N N ON w C~] 7, rC O~ 00 V O L=7 l~ cn O t~l U] Go W Oo Lil 00 O V 0 O 7d 7J V ~O W L C H W O V ~ O O O O t+] In - - - - - - - - - - - - - - - - - - - - - - - - - - x co r N w C t7 F V 00 00 C~7 En tC N N ~O r 'L' t+] n cn rn o 00 w 0 O O O `o 00 N v z W W lO r co H v o 0 w 0 0 0 0 - - - - - - - - - - - - - - - - - - - - - - - - - - 4 a V r N W C O r 4- w t3l M Go %-j O O zd ro Cn N o 00 N O O ~ t F (ON H In W C) O O O O - - - - - - - - - - - - - - - - - - - - - - - - - - 0 O tz) r t) C m " co co ON ol ~3 C') O W InG '.b N V] rn 00 C In l0 w 0 Pd O C~ W 00 07 V W ~O r aV O H 0 O o z ~o o ~o o z 0 0 o O - - - - - - - - - - - - - - - - - - - - - - - - - - CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566-8200 MEMORANDUM DATE: November 2, 1990 TO: Tom Shaw, Purchasing Agent FROM: Jerry Clark, Director of Engineering & Transportation SUBJECT: Bid 1153 The lowest bid for the Bell, Mingo, and Scripture Drainage project was received from a local contractor (Jagoe Public) . The unit prices have been reviewed by Engineering personnel. Our pre-bid estimates for the project were lower than the 718,285.40. However, 5 bids were received. The low bid is 108,400 below any other bidder. This suggests the prices received are good based on current market conditions since 158 was left on the table. The bond funds available will allow us to fund this project with no transfers or impact on interest money. The Scripture bid leaves over 180,000 to do paving which is completely adequate based on the Street Department doing most of the work. Please place this project on the November 20, 1990 City Council agenda for approval. J Jerry Clarl 0927E ZS / !!_d S Iil i' 01666'1 CONTRACT AGREEMENT STATE OF TEXAS ' COUNTY OF DENTON - THIS AGREEMENT, made and entered into this 20 day of November A.D., 1990 , by and between THE CITY OF DENTON Of the County of DENT--- ON and State of'Texas, acting through Lloyd V Harrell hereinafter teemed "OWNER,' and thereunto duly authorized so to do, Ja oe Publ' Texas 7AM0 Of the City of Denton County of ll~nton and State of Texas hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration-of the agreements hereinafter mentioned, to be made-and payments and OWNER, and under the conditions expressed in the bonds bearing a enrfdatedherewith, by CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below; BID $1153 - BELL MINGO 6 SCRIPTURE DRAINAGE IN THE Purchase Order Number 111041 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 actor ante with all the General Conditions of the Agreement, the Special Condittkons, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and CA-1 0114s .•5 i_ other drawings and printed or written explanator Specifications therefore, as prepared by y matter thereof city= nP„r ~ and the Fn nin ring S ff all of which are made , constitute the entire contract. a part hereof and collectively evidence and Independent status it is mutually understood and agreed n t Contractor that Contractor is an independent by contractor and ractor and shall Cinot be deemed eemed to be or considered an Y and purposes of income tax employee of the City of Denton, Texas leave benefits, worker's wcompensationso cralar securit . for the Yothe r Cit City shall not have supervision and control of Contra toty sot v empl anY hiati oyeeonemplof sick ractor t Cont, and it is expressly understood that Contractor shall per services hereunder according to the benefioyee of. direction of the Cit attached specifications at the form the Y Manager of the City of Denton, Texas or general under this agreement. s designee Indemnification Contractor shall and does hereby agree to indemnif the City of Denton from any and all damages, loss or whatsoever indemnify and hold harmless by reason of injury to property or third liability of any kind error, omission or negligent act of Contractor, peitsns occasioned by any employees, invitees, and other persons for whom it officers the is legally ' agents, and performance of this Agreement, and Contractorwill liable, with regard to expense, thdefend and protect the City of Denton against an claims-and demands. at its cost y and all such Choice of Law and Venue This agreement shall be governed by the law venue for its construction and enforcement shall lieoint the tcourts of xDenton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 0114s IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: _ OWNER a on By (SEAL) - ATTEST: Ja oe Public Co y. CONTRAC OR an i t e (SEAL) APPROVED-AS-TOir' FORM: C3t3 Attorney CA-3 0114s PERFORMNCE BOND STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That Jag.. Public Company of the City of. County of Den to, Denton , and State of as PRINCIPAL, and Texas the State of Texas to act as surety as SURETY, authorized under the laws of bound unto the. Y on bonds for principals, are held and firmly as OWNER, in the penal sum of five and 60000 Dollars ($718.285 40 ) for Principal and Suret bind the payment whereof, the said y themselves and their heirs, administrators executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 20 day of November , 1990 Bid #11 -Bell Min o 6 Scri ture Drainage in the amount'ofor the construction of 718 285.40. 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 conditions and Contract and shall in all respects, agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according meaning of said Contract and the Plans and Specifications hereto annexed intent and obligation shall be void: otherwise to remain in full then this force and effect; Disclosure of GuaraI Fund Non artici ation In the event the insurer is unable to under this policy or contract or fulfill its contractual obligation of coverage, the policyholder or certificateholderrisfnotte or evidence appliction Or protected by an insurance guaranty fund or other solvency protection arrangement. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 20th day of November 19 90 JA ,OF-PUR Tr cnmPAN}' of -_SFARnARn SIiRFTY f'n6^pA M Principal Surety = E c Sg i ` tC / ° rya By Lao" Rosemary Weaver Title Title Attorney-in-Fact Address P. 0. Box 250 Address 5750 Pineland_Drive, Suite 304 n % Denton. Texas 76201 Dallas Texas 75231 al, ` cgib, (SEAI. The name and address of the Resident Agent of Surety is: Rosemary Weaver - CORROON & BLACK INC. of Dallas fi,rnln r t TT r420 fRT Frigy - c ita iLnn nal 752lln NOTE: Date of Bond must not be prior to date of Contract. PB-2 0091b PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MENBY THESE PRESENTS: That Jaeoe Public Company of the City of Denton County of Denton and State of Texas as principal, and ' Seahoard 4 r- Comnanv authorized under the laws of the State of Texas to act as surety on bonds for- principals, are held and firmly hound unto h --:L e City of Denton Texas ,.OWNER, in the penal sum of Seyen Hundred Eighteen Thousand nuadred Elghtjr F • 401100 Dollars 71R ?R 40 ) for the payment whereof, the said Principal and Surety bind themselves and heir t heirs, administrators, executors, successors and assigns, jointly and severally, by ' thes presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 20 day of November 19 90 Bid #115 - Bell Mingo & Scripture Drainage in the amount of $718,285.40 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. rn_~ In the event Guarant t Dihesinclosure surer is s u Fund Non nab artici ation of cunderoverathis policy or contract or le to fulfill its contractual obli 9e, the policyholder or application or certificate 5ation an insurance certificateholder or ev i idence guaranty fund or other solvency is not protected by y protection arrangement. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITTINESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 20thday of November 1990 JAGOE-PUBLIC.COMPANY SEABOARD SURETY COMPANY Principal Surety - / v v o- c Title Rosemary Weaver aw stl. Title tt rn -in- act .P Q4; Address P. 0. Box 250 Address 5750 Pineland Drive Suite 304yW~ ilantnn Taxaa 76201 -Dallas Texas 75931 81 LSD L) (SEAL) ~yJo Xy;;ihe,; namep'and address of the Resident Agent of Surety is: Rosemary Weaver - CORROON & BLACK INC of Dallas Lincoln Centre II;_ 5420 LBJ Frwv Suite 1400, Dallas Texas 75240 PB-4 0092b MAINTENANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT JACOE PUBi.r COMPANY as Principal, and Seaboard Surety Company . a Corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sum of Sevent One the total amount of he contract or. the paym Dollars of swhich2- -O of 1 sumR28said 1~ and surety do hereby bind themselves, their successors and asssigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said dagoe Public Company has this day entered into a written contract with the said City of Denton to build and construct BID# 1153 - Bell 'in go 6 Scripture Drainage which contract and ttie plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, and: WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. MB-1 In the event th Disclosure Of Guara under e insurer nt Fund Non this polic unable to fulfill attic; ation of coverage they or contract or its contractual obligation insurance POlicyholder o capplertiication or certificate o aranty fund or oth icateholder r ev' is not ldebce solvency protection arrangected y gemer)t. NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause'during said time. IN WITNESS WHEREOF the said ,g(' F. O-P B 7C COMPANY as Contractor and Principal, has caused thepresents to be executed by and the said SEABOARD SURETY COMPANY as surety, has caused these presents to be executed by its Attorney-in-Fact Rosemary Weaver and the said Attorney-in-Fact has hereunto set his hand this fhday of November IQ 90 SURETY: PRINCIPAL: may,"'+ F SEABOARDfSURE_TY COMPANY JAGOE-PUBLIC COMP NY \ BY: r- 'Bosemarv Weaver a~~iAttorney-in--,Fact NB-2 0093b `Certified (,oPY~ - SEA-BOARD SVRETY COANYEEEE-- ~Eg vas ~~M 3i N DMINfST jyE° CES BE MID ER NEW=JERSEY - POWER OF ATTORNEY KNOW ALL MEN"BY THESE PRESENTS hat S g6B SURETY C-O ANY a`c~ oar or'yti ofthe attoof'New YoFk WRIN el=~ St e` dap rated and by=these ~P rese` does make constitute and a nt_ Tony JKle ec or ` - `_PRo -Roam ~PK=_Har=vey _ y\ eave`r_pr fo Dal-las Tezas s tr u6a d]awf Iu Aft y tFacn t net roas r follows oas exec t aeu nd dehve tsno Ir behalf ins ranceticies=sure the eat` fsimif u ehal P `tY`hOnd`ert`inys^`and Withont`mltatrpns MIMS `Such Insurance zr ales Buret =bonds uriertakm s and S ruments for-sai~ p~"- pse hen duly executed ttor_ n y m`Fachal binding upon d aid Com apany as fWiy and to"th-a me extent as rf si ned _t by_the atoresaiil a he duly-a:at r zl ed officers of-the Com an and sealed withth cor orate seal snd=all the'acts-:of said`Att I ct-p rsuant to theaLit orit - `heretiy given ra hereb tlfled anif c m donfli ep ~ `This appoln \t Is-mad t to ollow nI g By La WS Wfilch were duI ° -par 1y one sec` tuber 8`h, 1g27,Wlth Amendments=to-and Inciudl g Y adopted=by_the Board of'Dtrectors` th; als GLE VII SECTION 7 - - J`~~rYYY_1982;a-are stil`m fulLio ce and effect Pohaes bonds ;recogmla119MS'consents uo 8, lety:u de^ liking u^°ertaki^g8 and!insf u( meats-.ielating!theTeto. `nsuranceatm'es bds%conrzaocessnpulahons;consentso(surety and unHerwnhng untlertakings of the co-, an `nhngs relatrngiin aany-way_Ihereto:or to~any clarm:or4ossthereuntlei shall:be signed mthe_n_me a"onbehalf'olihe-COmpanp yn antl release agre me eat=antl oth ~ `(a) by2he Chavman pion-t.S . Presrtlent-a VrPe Pre sident oraAesidentV ci Presidentandby.te Secrlttary, an ASSistanKSe `Secretary ora;ResrtleeAesistant Sec rdret tarhey or (b) by an Attorney i~Fact foretKe-c any appo nd~inted;and:authonzed_ban 1 is aiFinan of - he s cre Res ~ resrdent or a_ Vice Presrdemf` ake such srature_ or (c) bysuh otherofficers or r senta=es:as:[he;Roard.may\f`om ^me Teal:of Ihe'Com anYshallria _9n P ~~`8oard _the P = ppro_pnat~y`t}rxe=o byanys-c~ofbce=attorney m - WHEREOF ao'time:determi - denZ~ -representative SIN WITNESS SEOAD SURETY COMPA es di ea NY has caused=these pr eats to gned b~ yone°of=Its=Vl~ c~ e Wir S ts ;and Itss copo te-seafto be h ree eunto affixeda nd dui attest` d;by no a of.lts'A` istantS retari`(h YOf~_e t jg"8-8~- - may; _ p`em6er - is 1St" \(R R_72)~N i. SEABOARD SURETY C OMPA E ~_ASSistant Sec e2ary ~N - OF NEW JERSEY` - I-C ~-=~a5 Vic Presitlent ~U~`SO`MERSE- fist day of~~~ September Michael.- B~~ $ b75-R f a meme _ P Keean~^~ 79- or erson Ila aPPeared y -tea Vice-Preside f` SEABOARD SRET Y C OMY ith whom I am ersonall ac9uanted who being by duly sworn said t U hat he rresides to the State of~ mew >Jesel, `h is he Is a Vice President of SEABOARD SURETY COMPANY thercorporatlon described€In.and_wwhich executed ihe:fore~o ri nstr mu eatthat he knows the cdr 1= PAN ~porate ._d-ft oma hatthe sea'IPafSxed t sa dmsirument l-,Cutecor orates ing as id~thatlC was psoan afflxed;byorderof-tfe;Boardof'Dlr tehectors`Bald of CaidComp anyand thathes( n y_ hke authont . p~ by ed!hisn ma HE a Vic rat- 9 Y FEU ICE_M `ATAI.AfyO r i,ltipv NOTAR\p EIC OF-NEW JERSEY My Commission Ex j P - une 4 1991 - J Notpubl~ FQF N undersigned ASS [si ant Secretary of SEABOARD SURETL rue and correctco COMPANY tlo bycertify that theoFi trial Po wwe `rof Attorne ofwhichahe for om is---~~- py,rain fu` auLthonforceantl effect on th~eilate of\his.Certnc~ateandidofurthercertitythatthe Vice Presrtlent_ y. w 9 `Attorney was:one:of the Officers ierl: 9`' , e h a w is the cof ABOAgD SUq ETV COMPANY ~y the B°a~tl-o1 Dnec`S~to appo__nKaniatidrney in,fctas:piovide` f.Artrcl`V11 gectio=_-1`o = he BysLawsrof „sCertifidate amain ybesigneda dsnd sn e aledbrmile undethoni !,the the following,r~ a oj~ti oCth uuveiC mmO itte:ofah ~hectors of SEABOAgD SUFETY COMP`NY at a.meehng duly calledland held ;onIhe25thtl-;of March 1970--~=~ . L ~_RESOLVED Thy=use of a-printed facsimile of the_corporat`e seal-of3he Company nd of-the srgnat eru of ean'A SSrstant-Secretar Board P cerhhcaho rit-u the correctness of a copy'otan mstrumen(executed!by the,.Prsidenn or a'Vrce P?ysiden[.pusuantto.Anc~le'VII Section l 4f-ef ~appomt`g antliauthoriz ing attoenVl)rz l n=tact to`nsin the name_and o b~hajf\the Company sure[ bonds undewriting ucJertakin s o authnze°and- -in sVuments tlescribeo m Bare-Article VII Section t~with hke'etfecIIaS-rf'such h5ignature-hatl:been°ma UallyafhRetl antl,matleereba es ovetl oothnY sea. suc al-NWITNESS EOF I have hem rem- o et SONEr i~pt1 f rid and`Tin .corporat-~ SeaTof a p nof thy es see r ents€tlii Z-1_For 957_(Rev.i/9a~ For verification of h authenticity of this Power of Attorney you may call, Collect, Of Attorney number, the above named individual(s) and details orf the bond to which thp. n i and ask for the Power of Attorney clerk. Please refer to the Power a®o®®6:~® tp°k CERTIFICATE OF 6NSU9~ANCE / ISSUE DATE MM/ i+cm--s._....; 12/5/90 I PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND RAMEY, KING MINNIS INSURANCE : CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE OL G ES BEMOW ,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 707 FIRST STATE BANK BUILDING PDOES DENTON, TEXAS 76201 COMPANIES AFFORDING COVERAGE !-COMPANY LETTER A NEW HAMPSHIRE INSURANCE COMPANY COMPANYB INSURED LETTER HARTFORD INSURANCE COMPANY JAGOE-PUBLIC COMPANY, INC. $ G,C.RICKS COMPANY $ SONS, INC. LETTER C P.O. BOX 2SO COMPANY D DENTON, TEXAS 76202 LETTER COMPANY E LETTER ,COVERAGES ' t - ^ 5.....si.._..,r~£ .',?.a. ,ryf,NV »i.; ice'" ?'s(~'..:F:;c_t.w._,...,..iP~c7 kw~m'_"~•s,•w YsA,*IaS K~v..Y. M"I ....,`^S. F ti.,.fl.:,:'ss,a..-1>_a.T., , xi~ia`:. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PFEUOO'~ INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER (POLICY EFFECTIVE POLICY EXPIRATION( CO I DATE (MM/OD/YY) j DATE (MM/DD/YY) LIMITS GENERAL LIABILITY A Ix COMMERCIAL GENERAL LIABILITY i (GENERAL AGGREGATE -;.S_1, 000.,.000_ I PRODUCTSCOMPIOP AGG. ~f 1,000,000._ -!C1-AIM S MADE[X---OCCUR, TCP9939906 10/1/90 ' 10/1/91 PERSONAL & ADV INJURY J$ (OWNER'S S CONTRACTOR'S TROT. -'-7--1, 000,000__ 1---~ ' IEAGH,000URRENCE -1f 1,000.,.000..- !FIRE DAMAGE (Anyone fire) -i $_-_SO., OOO MED. EXPENSE (Anyone personj; $ ' AUTOMOBILE LIABILITY I 1 (ANY AUTO ' I ! COMBINED SINGLE [ $ A ix..' I BA9942005 10/1/90 10/1/91 LIMIT 1 000 000__1 1x-_ _JALL OWNED AUTOS X_ SCHEDULED AUTOS I BODILY INJURY (Per Person)' i $ x (HIRED AUTOS j 1 ! BODILY INJURY NON OWNED AUTOS 1 -!GARAGE LIABILITY I - -I (PROPERTY DAMAGE ! 1 EXCESS LIABILITY EACH OCGURRFNt'E f ' -_-IUMORELLA FORM 000 xx I UL1033991 10/1/90 110191 `AGGREGATE $ A OTHER THAN UMBRELLA FORM / / 000 Oll WORKER'S COMPENSATION I I i 1 STATUTORY LIMI15~ B AND 71RIZGK1235 j 10/1/90 do/l/91 EACH ACCIDENT I f 500,000 j - EMPLOYERS' LIABILITY ! DISEASE-POLICY LIMIT _ -[f__5001 .000--- • ` I (DISEASE-EACH EMPLOYEE $ 5UU Quo OTHER PROJECT: BID #1153 BELL, MINGO AND SCRIPTURE. DRAINAGE I I i Should any of the above described policies be cancelled before the expiration date thereof, the issuing Company will endeavor to mail 30 days written notice to the certificate holder DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS named, but failure to mail such notice shall impose no obligation or liability of any kind upon the Company, its agents or representatives. 11 4~- CERTIFICATE. .OLDER ..,~.•;:~.,.fa..,,, s+o-.: u;,-~. .7....~{~ C_A_NCE_LLA_TION..,,~`...,, CITY OF DENPON, TEXAS U:l SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE PURCHASING AGENT EXPIRATION DATE THEREOF, THE ISSUING COMPANY WLL ENDEAVOR TO 901B TEXAS STREET MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATEAOLDER NAMED TO THE DENTON, TEXAS 76201 LEFT, BU_T_EAIWRE TO MAIL SUCH NOTICE SHALLIMPOSE NO OBLIGATION OR i LIABILITY OF ANY KIND UPON THE MMPA Y, ITS AGENTS OR REPR SENTATIVES. .f AUTHORIZED RVAESENTATIVE ~ tKfISG `b1I"NNI /INS/V`2ANCB;,-- I (-)ACORD CORPORATION 7990' DATE: 11-20-90 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Bid #1159--Heritage Oaks Roof Repair Phase II RECOMMENDATION: We recommend the bid be awarded to the lowest bidder, Denton Trinity Roofing, in the amount of $53,152.00 plus a 10% contingency for additional cost per foot items if required. Total contract amount to be $58,467.00. SUMMARY: This bid is to repair the roofs at Heritage Oaks. We have recommended the repair of the roofs on 15 of the 24 buildings due to budget restraints. CDBG and Housing Authority grant funds available total approximately $60,000. The roofs on 24 buildings were listed on the bid; however, it was made very clear in the bid documents that the quantity may be reduced and that if reduced, the remaining roofs would be repaired at the unit price. The recommended contractor is aware of the proposed quantity reduction and is agreeable to these reductions. BACKGROUND: Tabulation Sheet Memorandum from Barbara Ross, CDBG Coordinator PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Community Development & Residents of Heritage Oaks FISCAL IMPACT: Funds for this project will come from CDBG and Housing Authority grants. Respe fully-su m'tted: Lloyd V. Harrell City Manager Prepared by: - - Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent In r LO to r ro bdH td t=1 t) U N AD Z c a H i O a :d N ~li azPd z a ~yy'o~o 0 H ° a H3 qH d q H co w O roxd W H y C d a Z 0 roro H ttmj ttij 9 H O O h] 0 H H t~J O W xl Cn r d 0 tH Z t%' z 0 ~ H O z 'A O hJ t~ H O H p ro v cn t) O ro H O I-j F, rij t" 90~r+i H H ra t)Cn t7tJa o 0 x HHt7Hn Z p ro z ~9x a z ~10 8 c n d ~C C> H o z tai ty roC ~ t7 ro c, co G l~ N V O N N O tx] x Ln O V, Ln O `.Y Fl. Fl. fi r o U tai o z t z) =J H En o4~ww o GziZ H O O 0~ t0 O y O O O O O O i-C C) to En i0 to c O l0 tzs1 H t) ty C~ x9 > {n L} V x1 Z M Ln Ln -I-- u, In In {H] ;0 ~O N O O y rn O O m N O t - - - - - - - - - - - - - - - - - - - - - - - - - - CITY of DENTON Community Development Office 110 West Oak Suite B Denton, Texas 76201 (817) 566-8480 MEMORANDUM To: Tom Shaw, Purchasing Agent From: Barbara Ross, Community Development Coordinator Date: November 6, 1990 Subject: Heritage Oaks Roof Repair Phase II After consultation with Cheryl Fox, Heritage Oaks Manager, the decision has been made to accept the b i d of Trinity Roofing for the repair of roofs at Heritage Oaks. We would like to accept the bid of $53,152 as quoted for the first fifteen (15) buildings on the work order (185/188 to 177/180). If possible, the contract should also include a 10% contingency for additional "cost per foot" items. Total contract amount will be $58,467. Please let me know if you have any questions or need additional information. If this contract amount is correct, let me know and we will prepare a purchase request. Thank you. ,oiCG~%E-I~CLI✓ hj Barbara Ross In The American Tradition The Community Development Block Grant - Meeting needs at home, in the family, and throughout the neighborhood. 90-lst~ CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 20 daY .of, November A.D., 1990 'by and between The City of Denton of the County of Denton and State of Texas, acting through 11ovd V Harrel thereunto duly authorized so to do, hereinafter termed 'OWNER,' and Denton Tiinit 'Rbofiii~ P.O. BOX 43, Denton, Texas 76202. Of the City of Denton , County of Denton and State of Texas , hereinafter termed 'CONTRACTOR.' WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID #1159 - HERITAGE OARS ROOF REPAIR PHASE II in the amount of $58,467,00. - 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-1 0114s 17, _cttiet,: drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by City of Denton EnQineerinz Staff all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be, or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue ' This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton -County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set-forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 0114s IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: City of Denton OWNER By (SEAL) i ,ATTEST: ~ Denton Trinity Roofing CONTRACTOR - By Title (SEAL) ti APPROVED AS TO FORM: Ci yy A CA-3 0114s CITY OF DENTON ° INSURANCE MINIMUM REQUIREMENTS INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the P or activities to urchasing Department prior to starting any construction work certificate(s) shall estate that material o (30) this advance t~writtThe en notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of the project should be indicated, and the City of Denton should also be listed on all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change or cancellation shall be given; o The City of Denton shall be an additional named insured on all policies. I. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The, Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. The liability limits shall not be less than: o Workmen's Compensation - Statutory o Employer's Liability - Statutory II. COMPREHENSIVE AUTOMOBILE LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: o A combined single limit of $500,000.00 III. COMPREHENSIVE GENERAL LIABILITY. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. CI - 1 r To the extent the Contractor's work, or work under his, direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property, The liability limits shall not be less than: o A combined single limit of $500,000.00 IV. -OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This insurance shall provide coverage for the 'Owner and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: o A combined single limit of $500,000.00 INSURANCE SUMMARY: The Contract 'shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the owner and written notice of that fact has been issued by the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Again, the owner shall be given a certificate of insurance indicating that all.of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self-insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the Owner has reviewed and approved the insurance certificates and so notified the Contractor directly in writing. Any- notice to proceed.-that is issued shall be subject to such approval by the Owner. CI - 2 CITY OF DENTON V~ Name and Address of Agency City of Denton Reference: Project Name: Project No: Phone Project Location: Managing Dept: Name and Address of Insured: C ompanies Affording Coverage: A B Phone C - " This is to certify that: 1) Policies of insurance listed below have been issued and are in force at this time. 2) The City of Denton is listed as an additional insured as to all applicable coverage. Company Expiration Limits of Liability Letter Type of Insurance Polic Number Date In Thousands 000 Comprehensive General Liability Occurrence - Occurrence - Claims Made (see #4-Page CI-4) Bodily Injury f Broad Form to Include: Property Damage $ - Premises/Operations - Independent Contractors - Products/Completed Operations Bodily injury and Property - Personal injury Damage Combined $ - Contractual Liability(see #3-Page CI-4) - Explosion and Collapse Hazard - Underground Hazard - Liquor Liability Coverage - Fire Legal Liability (see #5-Page CI-4) - Broad Form Property Damage - - - Professional Errors/Qnissions - - occurrence - claims made (see #4-Page CI-4) Comprehensive Automobile Bodily Injury/Person Liability Bodily Injury/Accident - Owned/Leased Automobiles Property Damage j - Non-owned Automobiles - Hired Automobiles - Bodily Injury/Property - - Damage Combined j - Workers' Compensation and Statutory Mount Employers' Liability, eac acct ent - Owners' Protective Liability $ Other Insurance Description of Operations/Locations/Vehicles. Each policy shall require thirty (30) days notice of cancellation, non-renewal, or material change in coverage. (See #2, Page CI-4). Name and address of Certificate Holder. CITY OF OFNTON, TEXAS PURCHASING AGENT - 901-B TEXAS ST. - AUIHORIZEU REPRESENTATIVE DENTON, TEXAS 76201 , SEE DEFINITIONS. ON PAGE C1 4 ATTACHED. 1. _ CI - 3 DEFINITIONS 1. ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. -(This does not apply to Worker's Compensation.) 2. NOTICE OF CANCELLATION: Each policy shall require that thirty (30) days prior to the cancellation, non-renewal, or any material change in coverage, a notice thereof shall be given to owner by certified mail. If the policy is cancelled for non-payment of premium only ten (10) days written notice to owner is required. 3. CONTRACTURAL COVERAGE: (Liability assumed by contract or agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverse side of this Certificate of Insurance under Comprehensive General Liability, must include a definition of coverage broad enough to provide coverage for obligations assumed by the contractor in the referenced contract. This Certificate of Insurance is provided as required by the governing contract. 4. CLAIMS MADE POLICY FORM: Required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract, plus one year (to provide coverage for the warranty period), and a extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period. 5. FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteration of City-owned or leased facilities.) Insurance is to cover buildings, contents (where applicable) and permanently installed equipment with respect to property damage to structures or portions of structures if such damage is caused by the peril of fire and due to the. operations of the contractor. Limit of liability is to be a minimum of $500,000. 6. OWNER: The term owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual members, employees, and agents thereof in their official capacities, and/or while acting on behalf of the owner. CI - 4 MUCH-a2~ f]-W~ U.S. Deportment of Housing and Urban Development CERTIFICATE OF OWNER'S ATTORNEY I, the undersigned, j the duly authorized send acting legal representative of G' twci/ U~-Cl ~lJ X CC/J , do hereby certify as to own. I have exaalned the attached contract(s) aad-aarety of ei.~cutioa thereof, and I as oa tae opinion that each of the aforesaid saner agreements has been duly executed by the proper parties thereto acting throush their duly authorized representatives: that. said representatives have full power and authority to execute said agreementa on behalf of the respective parties named thereon: and that the foregoing agreements consti- tute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. Date: (co - 1) f Please bid separately for each building `Final contract may not include repair of all buildings listed below'.. Buildinq#s Amount Building#s Amount 185.= 188 189 192 31 149 - 152 3 3 y ,177 180. 3, 3 y Y 153 - 156 _ _ _205 208 3~ 3 y 5 213 - 216 3, ~yY 209 -'212 157 - 162 127 1.30 201 204 3, yy 113 116 181 - ,184 39 ' 109 ,12 3(3'yy t 167 - 1,72 ~yo a 12.1 126 c'.,~yo `3 q 197 - 200 3 y f 232 233' Z~ y 131 - 134196. y 193 oil, 145 - 148 y ~t 217 221 f 3 Y y 163 166, 228 - 230 TOTAL D COST-PER FOOT (per running foot. or square foot,as applicable) t ..Remove-and replace any, rotten: wooden .fascia... ` 2. Remove and replace any rotten soffit b 3.: Remove and replace rotted plywood decking. 4 4. Remove and..replace.aluminum^.fascia: 5. Repair. any structural `dama9a ao ( rafters) /6. Work days tOcompletlon ZcJ P-4 •~'(~►i~~~i _f~►vd►r1D1i11ti►,aa~-d►;i►;i►gib~ofd►laattaarea~t.~f,~~' ~~,t.=,>~ ~ I"a~~a~db/davib~rea~aa~~a~d6rib~dbraa~~a~Ta7ibrdbvib~db~iaariB~~:~ Bond No. GPA4031015 q UNIVERSAL SURETY OF AMERICA q _ Houston, Texas ° s<e BID BOND ,I KNOWN ALL MEN BY THESE PRESENTS, that we e Denton Trinity Roofin¢ Inc a?~ ;y` (Hera insert lull name antl acidness or legal line of Contractor PO Box 43, Denton, Tx 76202 'v as Principal, hereinafter called the Principal, and Universal Surety of America, 1812 Durham, Houston, Texas, as d. Surety, hereinafter called the Surety, are held and firmly bound unto City of Denton (Here insert lull name and acidness or legal title of Owner) a wq ms as Obligee, hereinafter called the Obligee, in the sum of 5 0 /o of the amount of this bid not to exceed c~ e Four Thousand Two Hundred Sixty-Eight and 00/100 - Dollars 4268.00 for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our v~l heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for HERITAGE OAKS ROOF REPAIR PHASE II (Here insert lull name, address and description of project) v i 4. ;r NOW, THEREFORE, If the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing and give bond with good and sufficient surety, or, in the event of e the failure of the Principal to enter into such Contract and give such bond or bonds; if the Principal shall pay to the d9~ m Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger is" l amou n I for wh ich the ObI igee may in good faith con tract with another party to perform the work covered . by said bid, p)l then this obligation shall be null and void, otherwise to remain in full force and effect. 9 s 0 PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution ofI the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that s _ AI v financing has been firmly committed to cover the entire cost of the project. _ Signed and sealed this 29th day of October 19 90. ° DENTON TRINITY ROOFING INC. m (Principal) (Seal)? e 0 By. a ~ (won - Or)1 a ~1 _ Title: ~I UNIVE AL SURETY OF AMERICA oyc HollingkUTflFrY in act) 0 a' a. ~t`ISteo~aplw'9P'9??eP'F9'4P'i7'.9f1f9"99'41.'4➢'i➢'~~'"?',rf>3fitsirl: cl l ~a _ ~~::r7 4 ?,:Q9 4.lys aev~ t t I le s-' oo,,a~c,t G, a,sP'6F UNIVERSAL SURETY OF AMERICA 1812 Durham / Houston, Texas 77007 GPA 403 1015 For verification of the authority of this power you may telephone (713) 863-7788. Power of Attorney Valid Only If Last Four Digits Appear In Red GENERAL POWER OF ATTORNEY - CERTIFIED COPY Know All Men by These Presents, That UNIVERSAL.SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Texas, does by these presents make, constitute and appoint rvid G. Leick Jo ce Hollin sworth of __1)etrton and State of Texas its true and lawful Attorneys)-in-Fact, with full power and auth Bonda not ority hereby conferred in its name, place and stead, toaxecute, acknowledge and deliver , to exceed 250 000.00 unless such is accom anied b a letter of signed autUrity the President Secretary or Executive-Vice-President of Universal Surety of America and to bind the Company thereby as fully and to the same extent as of such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do within the above stated limitations, and such authority is to continue in force until January 31 1992 Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surely of America at a meeting held on the I l th day of July, 1984. "Be It Resolved, that the President, any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company." - "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimile to any power of attorney of the corporation, and that such printed facsimile signature and seal shall be valid and binding upon the corporation." - , In Witness Whereof Universal Surety of America has caused Ibex presents to be signed by its President John Knox Jr. to be hereto affixed this I c t and its corporate seal day of Marsh , A.D., 19-90 UNIVERSA RET A t State of Texas ° a A By. ss:, John nox,`Jr. Resident County of Harris On this I St day of March , in the wr 0 a notary public, y fore me Wendy W. tt,ec],~y P personally appeared - (nhn Knox 11 , personally known to me to be the person who executed the within instrument as President on behalf of the corporation therein- - named and acknowledged to me that the corporation executed it. tiw*~ 6Y Mr.f€ Notary Public 1, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. GIVEN under my hand and the seal of said Company, at Houston, Texas, this 29th day of October '19 90 /10:~~O Secretary COMPLAINT NOTICE: Should any disputes arise regarding either your premium or a claim, contact Universal Surety of America at 1812 Durham, Houston, Texas 77007 or by calling (713) 863-7788. If the problem is not resolved you may also write the State Board of Insurance, Department C, 1110 San Jacinto, Austin, Texas 78786. This notice of complaint procedure is for information only and does not become a parlor condition of this bond. Any instrument issued in excess of the penalty stated above is totally void and without anv validity. Cr1:lZ'1'_LL'LCA'rL UL' LiJL;URANGE: DATE:-01/15/91 PRODUCER THIS CERTIFICATE IS ISSUED AS A HATTER OF INFORMATION ONLY AND CONFERS NO RIGHT UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, Leick & Associates EXTEND OR ALTER THE COVERAGE AFFORDED.BY THE POLICIES BELOW 620 Dallas Drive Deatoo, T% 76205 COMPANIES AFFORDING COVERAGE - (817) 387-6131 COMPANY A LINCOLN INSURANCE COMPANY LETTER COMPANY B INSURED LETTER CITY OF DENTON COMPANY C PURCHASING DEFT LETTER 9018 TEXAS STREET = DENTON, TX 76201 COMPANY D LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT POLICIES OF IIISURAHCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REJUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE HAY BE ISSUED OR HAY PERTAIN, TIz INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF-SUCH POLICIES. CO POLICY POLICY LIABILITY LIMITS IN 1000'S LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE EACH OCCURR. AGGREGATE GENERAL LIABILITY BODILY A J COHPREHENSIVE FORM LGLA1101775 01/17/91 01/11192 INJURY $ $ 1 PREMISES/OPERATIONS UNDERGROUND EXPLOSION & PROPERTY COLLAPSE HAZARD DAMAGE $ $ PRODUCTS/COMP. OPERATIONS CONTRACTUAL BI & PD INDEPENDENT CONTRACTORS COMBINED $ $ 500 BROAD FORM PROPERTY DAMAGE PERSONAL INJURY IX OWNER'S,CONTRACTOR'S PROT PERSONAL INJURY ; - AUTOMOBILE LIABILITY - - - - BO- INJ. - (PERSON) $ ALL OWNED AUTOS(PRIV. PASS BD INJ. ALL OWNED AD TOS~PRIVR PASSI ACCIDENT HIP,ED AUTOS PROPERTY NON-OWNED AUTOS DAMAGE $ GARAGE LIABILITY 61 & PD COMBINED $ - EXCESS LIABILITY UMBRELLA FORA BI & PD f OTHER THAN UMBRELLA - - COMBINED $ $ STATUTORY t WORKERS' COMPENSATION _1 AND $ (EACH ACCIDBNT EMPLOYERS' LIABILITY $ ~DISEASE-POLICY $ DISEASE-EA ERP OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER SHOULD A CANCELLATIONABOVE~ --SCRIBED POLICIES BE CANCELLED BEFORE THE E%-c~ DENTON TRINITY ROOFING INC PIRATIOR DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL PO BOX 43 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE BERTON, TX 76202 LEFT, BUT.FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. A0iORI'ED CEPDEGENTATIVE . C E R T S F S C A T E O F S N S U R A N C E DATE: 01/15/91 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, Leick & Associates EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 620 Dallas Drive Denton, TX 76205 COMPANIES AFFORDING COVERAGE (817) 387-6131 COMPANY A' LINCOLN INSURANCE COMPANY , LETTER ' • - - COMPANY B CONTINENTAL CASUALTY COMPANY 5 INSURED LEITEA - DENfON TRINITY ROOFING INC COMPANY C PO BOO 43 LETTER DENTON, TI 76202 - COMPANY ' D r' ' LETTER - COMPANY E LETTER rt COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A80 V8 FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING.ANY'REEUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS.; CERTIFICATE HAY BE ISSUED OR MAY F RTAIN, TAE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO,.ALL THE TERMS= EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. CO POLICY POLICY LIABILITY LIMITS IN ]DOD's LTR TYPE OF INSURANCE - POLICYNUMBER. EFFECTIVE DATE EXPIRATION DATE EACH OCCURR AGGREGATE - GENERAL LIABILITY BODILY A (X~ COMPREHENSIVE FORM LGLA1101774 .01111/91 +01117192 INJURY $ a S PREMISES/OPERATIONS UNDERGROUND EXPLOSION PROPERTY 4 I COLLAPSE HAZARD - DAMAGE $ r•. $ - X PRODUCTS/COMP. OPERATIONS l':' - I CONTRACTUAL C BI & PD % INDEPENDENT CONTRACTORS COMBINED $ S S00 - X BROAD FORM PROPERTY DAMAGE t, ; ' _ I -PERSONAL INJURY - - _ - - " `PERSONALINJURY $ 500 AUfONOBIIB LIABILITY BOD INJ B NUA602330759 05/01190 05101/91 , (PERS01) $ 's fX ANY AUTO ' ALL OWNED AUTOSIPRIV. PASS' BOD INJ ry{: ALL OWNED AUTOS OTHER THAN ACCIDENT $ PRIV. PASS cx: (((RI HIRED AUTOS PROPERTY r:r RON-OWNED AUTOS DAMAGE $ 'G}+< 7 7 7 , [f f] GARAGE LIABILITY BI & COMBINED S ry500 ' _ - EXCESS LIABILITY ) UMBRELLA FOAM BI & PD f l OTHER THAN UMBRELLA COMBINED $ $ # - STATUTORY a..I .W 3 WORKERS' COMPENSATION IX WORKER'S COMP ASSIGNED ` AND $ (EACH ACCIDENT EMPLOYERS' LIABILITY RISK POOL* $ DISEASE-POLICY I$ 'DISEASE-EA SHPT OTHER - i DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS i ~ CERTIFICATE TO FOLLOW FROM ISSUING COMPANY ADDITIONAL INSURED: CITY OF DENTON CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOYE DESCRIBED POLICIES BE CANCELLED BEFORE THE 8fl' . CITY OF DENTON PIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL PURCHASING DEPT 30 DAYS WRITTEN N6FICE TO THE CERTIFICATE HOLDER NAMED TO TH& 961B TEXAS LEFT BUT FAILURE TO NAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR DENTON, f1 76201 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. - AUTHOR17YD REPRESENTATIVE ( ?arle 01 of Bi.nler T. 0000525012. BINDER FOR WORKERS' COMPENSATION INSURANCE t .qr.r. n n....... E F h iACCOUNT NO TEXAS WORKERS' COMPENSATION ASSIGNED 'RISK POOL' BOARD NO 000023'976 rPC Austin, Texas l='` h146 ',`acknowledges' itself bound by a Workers' Compensation Insurance undertaking, the subject matter of the' insurance _ + ii being descnlied m the'erimployer's application on file with this Pool, and the said undertaking being subject to all the terms and.' codditiArii f,the epprovW form of policy contract. This Binder shall end at 12:01 A.M., Standard Time 30 days after the effec- ' tire,'date shown Thn undertaking will be evidenced by 6 policy contract to be issued by,the following company os the servicing .PLOY°_:S INS WAUShU: MUTUAL CO cam ny +POR SERVICE, PLEASE CONTACT: F{ aLy, ji'fc!jkt~~t~, + n,t - P.O. i3ox 1529,00 . ,r,5~0 1615 IRVING, TX '75015 lesund j:laaleyer +E xy{ipp ` IN WITNESS WHEREOF, the TEXAS WORKERS' RItf7T,Y;,R00FTVG,;JN ,::s .0, @X '43 COMPENSATION ASSIGNED RISK POOL has caused; is l)EN 'ON! TX 7b 202 this binder to be signed by 'its General Manager, at l 'r '•yje',tt r r~ n rn .I- r - Austin, Texas, . Charles R. MacKay General Manager, 1l+' 4ij t, £ TEXAS' WORKERS' COMPENSATION Effective date of this Binder 9 , >~z aJr qt+' "ti + ASSIGNED. RISK POOL i fi Yh1~2/.`J0/40 1/03/91 Dote s 12:01 A.M. Date THIS IIBINDEVEXTENDSITO' TEXAS STATUTORY,: WORKERS'. COMPENSATION !COVERAGE' ONLY' AND NOT TO ANY q OTHER STATE Pleoij Issue the Policy with the'following special instructions and optional coverages: All ,Insueped' crttiYles.list.ed below': J; NTOft,yTRINITY (ROOFING, INC. +~EEB;jTOiPNEYIUUS,:POLICY d 1610001158,09. ["!E'rREPORTI^(G''B:A~IS-WILL 3E MONTHLY. i~Q '!ODIF''?IF e2~. AND ' ~SURCHL RG F. WILL APPI,Y4 SU PJ ACT TO C3ANUE AT ~:NN'IVE&SARY.-'J3ATF. DATA. kROVFi?Sf NCREASED "MI;T3,.CUVBRAG b. ES, AS; F%q&ST: U > {,aI~F:1:1i%,Z:a 751r7,91890 wt. e . STIMAT°!>;"ANNUAL-PREMIUM S 21147.110. INCLOSUPH3 446PL1CiTION: DEPOSIT CHECK 5 $351.00. 4A i i., r c ry a ~ x, , , `~ri"I JAN t 'g1=1ST t{ gc„ , tt, t L~1rr it i ~aa r r f 17 ,e ,t1 k i 5 j. , tll >~{+.3~~lI~G kl jf rF2'ar t>ti° 'e at ` - - .r rSr .i s q:a 3 ~ ~ f ,'NOTICE, TO INSU REDS!' Certiheat~i, Insuronce_. cannot: be issued, by the producing agent Please, request Certificates of Insurance directly' from the: „llflyouyus`e sob;or mdependehi t66tiactors, please. obtain from them a certificate of their Workers', Compenpohon insurance and "+yz'keap tt~»ith;y6ilrr~ecords uehl4xomined by our payroll auditor: a Amounfl~iiptl,d'os labor to'sub of independent contractors, during the term of, this policy', must be included os your payroll and a ;'rE preniium+paid thereon ,fitheii certificates of insurance ore not available AGENT'S COPY + .b,. JtE,K (3 tix tL L.w.N AMWEST SURETY INSURANCE COMPANY .WOODLAND HILLS, CALIFORNIA BOND PREMIUM BASED ON FINAL CONTRACT BOND No.121 094 PRICE PREMIUM _$7 754.00 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Denton Trinity Roofing, Inc. AMWEST SURETY INSURANCE COMPANY P.O. Box 43 Denton, Texas 76202 P.O. Box 4500 Woodland Hills, CA 91365 OWNER (Name and Address): The City of Denton 215 E. McKinney Denton, Texas 76201' CONSTRUCTION CONTRACT Date: November 20, 1990 ; Amount: $58,467.00 Description (Name and Location): Bid #1159 - Heritage Oaks Roof Repair Phase 11 Denton, Texas BOND Date (Not earlier than Construction Contract Date): January: 02, : 1991 Amount:Fifty Eight Thousand Four Hundred Sixty Seven and No/1'00--$58,467.- Do- SIGNED, SEALED AND DATED THIS 2nd day of January . Y 199, DENTON TRINITY ROOFING, INC. PRINCIPAL,i, AMWEST SUR Y. INSURANCE COMPANY BY( ❑le Williams, `1 ATTORNEY INFACT (SEE REVERSE SIDE FO TERMS AND CONDITIONS),, - REV. 7187 UN-A3001 wmselve~ heirs, hich SStlnco poraled therein by efereoceors, successors and assigns - r the tor and te Surety, jointly a Construction rallyContdr the 1. The Contrac to the If thOwner to e Contractor Performs the Con ovided struction Contract, the Surety and the Contractor. shall have no obligation under this Bond, except to participate in conferences pr in Subparagraph 3.1. ' this Bond shall arise after: that the owner is con- 3. If there is no owner Default, the Surety's obligation under 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below sideringdeclaring aContractor 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 methoasonads a performing the Co the C nstru tibn t. If the Owner, the Contractor and [he Surety agree, the Contractor shall be allowed d a reblylime.to perform the Co Default; and on Con- e a re tract but such an agreement shall not waive the Owner's right, if any, s y'lo`declare a Contractor Default; and plate the contracL Such Contracto inated the formal right to c Contractor Defaulhshall not be declare d earlier than twand enty dayslafierrlhe Contractors and therSurety haveoraceivednol notice as provided The Owner as 3.2 q a in Subparagraph 3.1; and ly the to p erfoam thefConstuction ConlracHn accordance with the termshof the cont of tt wi hothe Ow er. 3.3 The, Ow a n has coma cos selected has satisfied the conditions of Paragraph 3, and the Surety has conducted Contract 4. its own After the Prompt and Owner has reasonable declared investigation Contractor in as to default whether and or not the Contractor's default has actually occurred, the Surety may at its- own option elect one or more of the following actions: . 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or its agents 4.2 Undertake to perform and complete the Construction Contract itself, through or through independent contractors; or 4.3 ids or compleOtbon'ofbhe Constrgucitioln Contract proposal as rarnge for qualified a con tractit be prepared i fort execution by the Owner and the Contractors selected surely equivalnt to the r's con executed payment and ormance With urrence, boric bondsh sssued on the cCo sl uction Contractt,, and payfto he Owner tthe amount of damages asydescribe'd~n Paragraph ben excess with of the Balance of the Contract Price incurred by the owner resulting 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 tit hay be liable to the Owner and as soon as practicable after the amount is determined, tender payment therefor e Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons there reforiendered or the Surety has denied liabili- 5. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the pay ty, 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's right to complete the Construction Contract, and t the Surely elects to act under , or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Owner of the amo SubpaCons ragraph the Pn ctr to 4io1 n Contract. 4.2costs li dt damages ou t of thi sVUCNonuGontract, tto commitment he Surety is obligated without of the duplication tor:the Con. limi the mitigation of the the The responsibilities of the Contractor for correction of detective work and completion of the Construction Contract; and 6.2 Liquidated damages, or it no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. and of action 7. The Surely shall not be liable to the Owner or others for obligations of the Contractor that are relateshblig the o Successors. the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. N right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs; executors ruction 6. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to,relaled subcontracts, purchase Orders and other obligations. g -'Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in whit the work or part of the work is located a rid shall be instituted within six months after Contractor Default or within months after the Contractor ceased working or within six months after the Surety refused or fails to perform Its obligations under this s Bond, whichever occurs first. If the provisions of this Paragraph are vod or prohibited by law, the minimum period of limitation available to sureties as 'a defense in the jurisdiction of the suit shall be app l - Notice tolhe.Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 041 11. When thisBond hasbeen r fished to conflicting a sstatutory aid statutory oeotherlegal requi ement lsha location be tdeemed incorpo aredrhere n. hr legl requirement in was to be performed, any provision 12. DEFINITIONS 12.1 proper aof the Contract djustments total amount allowance lyto the wner to the Contracttoreof any amounts received oor to before received a rs is entitled, or reduced by all valid and after all by y leJe t n of e Cclaims for ont settlement Of i surace other thee Owner ractor dam ges to ich the p p p Contract - including all 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, Contract Documents and changes thereto. ~ to perform or otherwise to comply 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, with the terms of the Construction Contract .4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the 12 ly with the other terms hereof. Contract or to perform and complete or comp AMWEST SURETY INSURANCE COMPANY WOODLANDS HILLS, CALIFORNIA BOND PREMIUM BASED ON • FINAL COMUCT PRICE N No.121094e PREMIUM $1,754.00 Payment Bond Any singular reference to Contractor, Surety, owner or other .part y shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Denton Trinity Roofing, Inc. AMWEST SURETY INSURANCE COMPANY P.O. Box 43 P.O. Box 4500 Denton, Texas 7,6202 Woodland Hills, CA 91365 OWNER (Name and Address): The City of Denton 215 E. Mckinney Denton, Texas 76201 CONSTRUCTION CONTRACT Date: November 20, 1990 Amount: .$58,467-00 Description (Name and Location):Bid #1159 Heritage Oaks Roof Repair Phase 11 Denton, Texas BOND Date (Not earlier than Construction Contract.Date): January 02, 1991 w Amount: Fifty Eight Thousand Four Hundred Sixty Seven and No/100--$58,467.00 SIGNED, SEALED AND DATED THIS. 2nd day of January y 19 -91.1 DENTON TRINITY ROOFING, INC. p PRINCIPAL; L/\ BY AMWEST SURETY INSURANdil COMPANY'-----,-"' II/ B J -C-' W 111 , ATTORNEYIN-FACT" !~gg (SEE REVERSE SID FOR TERMS AND CONDITIONS) f/tl' LIN A3002 )Rev. 10/89) it r PAYMENT BOND 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 performance of the Construction Contract, which is incorporated herein by reference. - 2. With respect to the Owner, this obligation shall be null 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 all claims, demands, liens or suits by qInyperson or.entity whose labor, mptly no materials or equipment were furnished for use in the performance of the Construction Contract; r1i eF~~l¢e¢'rO~sner htendered defense 'of the Contractor and the Surely (at the address described in Paragraph 11) of any claims; dema~)idrs, L ;•r~ Y~rQA19Glt" ri. such claims, demands, liens or suits to the Contractor and the Surety and provided )66ie 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: Woocfl~ird 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety at P.O. Box 4500, with Hills, California 91365.4500 and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, wit substantial accuracy, the amount of the claim. _ - " 4.2 _ Claimants who do not. have a direct contract with the Contractor: or notice thereof, to the Owner, within 90 days alter hav- ing Have furnished written notice to the Contractor and sent a copy, last performed labor or last furnished materials or equipment included in the claims stating, with suba tialfa curacy, the amount of the claim and the name of the party to whom the materials were furnished or supplied 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 notice any communication from the Contractor by which the Contractor has indicated the claim will be paid direct- ly or indirectly; and, 45 clam is being made under this Hills, oodland 3 CNot having een alifornia paid and sent a copy, or0 oti e the written (stating that Surety 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 sufficient compliance. 6. 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. 7. Amounts owned by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to if any, under any Bond, they agree thatt all Ifu ds earned by he Contrractort in the perfo mance of he Construction Contract are dedicated to satisfy obligations of the Contractor and the Surely under this Bond, subject to the Owner's priority to use the funds for the completion of the work. - , C Bond, notices for on behalf of, or otherwise have obligations to C aimants the under Construction The Surety shall not liable to the Owner, Claimants or Contract. The Owner shall not be liable to make payments to, give 9. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, pur. chase orders and other obligations. 10. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of six months from the date (1) on which the claimant gave the notice required service prwere furnish. ohibited by materials ed by Paragraph struction Contract, whichever ofr(1) or (2) first occurs. Idt heeprovisionshofl this Paagraphrareuvoid or ipment anyone ulnderr the Clause 4.2.3 or ( on which the last labor law, the minimum period of limitation available to sureties as a defensein the jurisdiction of the suit shall be applicable. ' 11. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address specified or 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. - - ruction was When this Bond has been ine this Bond conflicting comply wIh said statutory orr legal legal requiement shall be deemed deleted rhe eerom atnd provisions cone 12. performed, any.p,pro performed, . forming to such-statutory or other legal requirement shall be deemed incorporated herein. 13..' 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. - 14. '.:DEFINITIONS 14.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish his shall be uipment as, power, light, he-at, oil `g sot ne, telephone service or ren alleqlimitation ude io he terms "labor ema erialstorr for use in the performance of equipment that part of the Contract. he innt of used in the Construction Contract, architectural and engineering services required 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, materials Con- of equipment were furnished. includin all Con- 14.2 Construction Contract; The agreement between the Owner and the Contractor identified on the signature page, 9 tract Documents and changes thereto.- 14.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Con- struction Contract or to perform and complete or comply with the other terms thereof. 91. 4-.. v t d t 1 s "--r t - Z 4 - `Y/S+1/ V ~72 f `Zil:iY~Y t 17-a . 1 I i S- `•.S .~tst~ ~~Vu yr. ~ [ ~1f r IF If 5~ 7 Illtf u v~ ~i ~ g _ (y~ ~ u %i t tJ l ,1 t.1 ~ ' 'tt , i~ :I~ ~Yf~~'I~IF31'~;fP]l~"-t~'[~®Lt34 Ili[ r~t[tr '.tLt't9W1 ul iiSC~ !cd r . R'7n tUl~ `~'s1G'?lUi''~u~l~ ~1W1C1C7U17~~1n (`a31i Lui~s?.an~'2i'I~rd I~` ~_,r °y~....-.,~~..T©'9D~7J9C~7~n_;f©CtiJL?]CzJJr9Ca-0iElrrJzCili 7c97~1 C '~.7U:l~f?7©t7a]IcplL~lla i "'raf9lr~tLi7F?7LIru]fralL>1R:fi~1C74r:~Lll ft r lI 9~tLC:?JL1Cal~lnJ n]P]Iri~[717 ~W7E]E71n~^t. ~-r,~-J~~ry===--~~~f tttJJJ(LLA~~ °,.,1~- ~~,t91Cr]CalC~a~iNL9ft~t3lL,i'1F7C: J 1I t1~f.,IutJ~l1~JW~f9L+1:11tnLlU~~47LJG'.rt11hlOG~E11;]t7~i74,!~~iiUC9LJnClfJlut-l©Ceh[rJ+ l© L~C7f-{lfil[Ci iLiIICAICaIUlirlu'Lr]r IFNi~lft~'ulrl~ ~1~JL'uzl@~C ~v'^U£~&~.4k?JSfi•~° - ~,~vwa Jf ~ ~1V7uLG11Lalu aJ4 I J~JL~~]u~i tt~P I tULI a U~~ t \`r4 ♦~~r f 1 ' i x ~ \ / w t t. r 'd+'Y~'QL"^At~s'~z✓h~8~$&w'.ia I -<160ND NUAI6CR~i*r`ti~ J .tr\~ 11~'` - i~'\ti`- /h ae~ / ~(*t\Z~ >k a.~ r qt\e\~tf \ / 7t/\\1'OwLR NUAIRLRJ f I,tl ~F i 1.~ ft-rr ;4 / \ / i.r c= tt , . 1210948v~ w ,t 2 ' OOOO/Z2OIS a4 / 1 NOUYAL ID \AFTER -`/Iz P"`S f `'4i 1 03 92 MIN ~nr .x^rr>is.[rx .aex*xrxn vice.-+LS---Secaa.aswm.~+:x~m+aursFmv-,'+rv ar m snwaamx.nersr' }Y I}f G_'• PRINCIPAL •.n>s rar ¢sr-'`~" `+3! 4' i. t.. ro'"^ ^c..s ros ns,~a*,.r.s~'m a° "'cc J .r x, .t-, x 1 DENTON TRINITY-ROOFING C + ~PrNAI SUM .r,,,.y r 7- ~17 D i'U „t` e 1 i Yr ) ;t _ n $58,67 00 OBLIGEt ie tt : r~ra- ~vi~gr THE CITY OF DENTON t: MUM LEO Immm{ I9 tt pt7ukl~ l~~ ~ ?his dor~unun4nClimu~ton ~mul`I col~t~red~sewm}-pap}r7zt µh blae_6,anflrrrd~iiik ulth b~~Elgr~luaink and bc,trs the-` f- 1~3u~17®}jj ,r'tlscd s•cal Annvc'~tlSurcty•Insurancc Coiizpany (the:,"Com~ati r - P add JJJJjjjj r y, i~ .,il Onlylunaltae{icf~ongl ihls)oC the It Diver of/rltlorney Her r M1~a~'~„ ` 15' <C Co r i I,r r sated `ot Attome} s<<ahd sole )}i iii connection with the execunon~and-dclty unt ~ iif the f{nd uoicdrtbit~e-nnd'm~ ~ r I9` li>7t belina led oiijun wtth. vt}}othu;yrikeryof auomc}1No rcpiesematious o~~ai~amlttsr Kirding thlsrporcei nC Ajtome}n ~!f 1 r 1~j~ terso~ri `This ! uucr oL ilitomeY isjKsemed bv,the Iaw stoG tl4e State oGCalifornln `Art} pure Tf aiiurnev IL9©W1Crt14 S s i ~t, ,I \ ti WJl~t: It~]u~!u •y,~ :used bo li~cortnecuotrunh any nd,i sued hythc Compan} m\sC i` be oti this loan Sne#~io other lornt shalj„Yi iielfoiec u`elfiu ` 3 ®~(~I IC~uo7C~ 1;'a \ \\1 s li., / 1 t ~ S ife~Cnfr~cr7:~ ~1\ * r-. KN0IALL~M EN f3Y THESE PRCSENT s S thatat, Annvest1S" Ins'ttrat Cum tin a Ca if NEW urer ornta Iu6 tLtl curer rsuon ([he 'Coin an a rt rt i.Ff'l 1 it } 'P- Y lq®t uC~l~ n•t\ FZ,..Y ciucs hereby t~ttal.e conltuufe4and appomt~ r ~,r -t r f, ''!`sr i -..®f~! O MO kt7t+uC~, -~JEANIE~WILL`--IAMS i H Rum: IaR~]Inl ! AS AN~EMPIOYEE;AF--AMWEST,iSURETY INS URAt CE'- P v C?lC'71t~ru~ 3 z a\ t s rid lawful Attorn } m-Fact wr h hnuttd 1?owcr and,auihortl Cui.nnd of behalf oftheCumpan} as wet} Cu7 r[lo[tlft.] \ t; / f. /r N f .~u.t3:' l~©1~r1 r- \o~e\ccu[c dehjerr attd afC\x.~dic set.-qf the C,ompanylhcreto tf 1, .1 J a scal'tG rec~ntrea on bo fd ~f undettakm~s f ~;:®~u,,~ ~C1, © rccogm ancesor_other written obhganons mthe tiatttrt theieo('as follov(s ff C~~r,ip urC7~7f~ ~J ~ a' ~ ~v \t :r©uIFJt ,B1d-Bonds up to $##'"#250;000 s0,0A 7Gr]L7ril~ f > L~.7ulu!if Contrautl~Court 8;Subclivilsfonvb,onds~pitofS m x~ 00:00 00/ f fa~~e 7af1~ ~~~~I! ~n1~uQ; L~ceri5e d Permsi bands up~to~S# ##100.000 A~ M7SCetLane0U 5'-}30nd S UP t,0e 2$1000 00 ifr Smatl,E4usiness Administra tl0n Guaranteed 8torids up!t-o` S#wL>250:000 Ji0 ~I ii I[7'[3 ' /"~.-`r`~r\/~ `•,x - r r-- f - r'~ tfdCi4 r f/.a l .ln / _ ` r s tr f 4~ i t r ri/ r~'\.; ~l~ltr i.• ~1LI~If1l _ 7 Hilo ❑ Wit- -ZJ J !lz ~ r n• , >„nil lira) r rid to bmd t C~mpanyr[hc b} gChls appointment is madc~undtr,ati Al a t~orTi~llthe' By Llws oFdih LF.,ic~CT il~1l] F z11E31@~ V - L rE+lU~1G rJ Cl Comp my-vhlch ~cvnow mfull force end effect l~t~'~ l~ Uul-1 1 - ` I 1 y (`I EIZTITICATE r ~'I~ h 1LJ ~ fi / ' \ ~ 1.,,• r Y) ~ ~A I ~ ~i i 1 uL11411: DQ-HEREBY+/C (Z,TIhY ~dersigned secE[arj oflAriwestlSurety~lnsurm c~Contpany;a ~ahf mmf corp rati oon :UJlrl[ !it at this Porver;uf Attome .remams tn.~fu11'Jforce'an I e(j \'an bias not_bten resoked RADII 1~ i~11(l hand f ~ hertnorc that the resolutions oLthc'6oard~ofJiJireciors su.lllort} ru th 'reverse` and~thtt Qtev-tcle~am r.. C]Wq I[; i.s r 1. f , r of, I r tti r L 4 j y + 1 .fF?1f~G i t ~rl xr prottvuns of the 6} Laws the Gum an arc now m,full fo A rceand el1tU \,C S j aftj~ ~ " , 1`'~. v c CC4l:u7 [al: / f'• !(l 41"11 f"t ( l~ / ~/"'1., r T ~~'~z ♦ f r ~ r F i "{l % ,f , l \ irr c1 ~ zs ~ ~ ~'1,\ < fJf:li r s(t11k7M1i~ EJ r a, i i r ~ ~r , n;;' 4''' Vs {lams'. r?✓ ~':`s, I K tU~' I~~ ~s9C~l~~g; i Slgnui^mdycaluhat Irv,ing„Texas'; ~tlus2nd"'ltl da ® ufJanuarY_,+'' did ;5 llA r1- r r xJ,:/~ t r/ z fstl 1~ \sn V ) I t 1)- s d,Llfo7~': FiI F F:l ,,,634ncau-~aa® ;~aE - z rr i V net«„ ; £0000022.018 84`t ~~le Il yq l -J r s r r.f~ 1 n# t t i- r 1 s InJIJ [ t$v0-n~ ~y~~ t j `-itrtrx/ArK icn Cti Cohcn'ibccruai} - _ i` 01111 RI 7ibri Yee q 'Ir 1 - l r»; 1 sir^: ~ r _ 7 l alf~[t li r 1S+€t~"4k'rht4r!?Fry!tCvA7Y1 a`n± y o s CiILllLlri k~~~ ® ~fdtL1JC~[~ k~ f1f77fn1FURAi LLDdu®gCu1©© 8 °~jrz~5r~~w"5~ u'~®~y~~~r1~71F]IOLt l~l`11~1©Cuifi©~~c]GL~7~~®~I©9J~~~~~~®~®~~ r:l!~1V'I~ n~cii9, >u~ r&i(y'},~~ f r t h911 ,.ar~+.>~lr • A Pintlt n' t f i W •'v gt~ LIC1 I r; A11.9 IMP ! ...~,:4;^,-. Resolutions of the Board of Directors 'I his Power of Attorney is signed and seal€cl by facsimile wider and by the authority of the follo`,vfng resolutions adopted by the hoard of Directors of Antwest Surety Insurance Company at a meeting duly held on December 15, 1975: , RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in- - fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company: ' (i) when signed by the President or any Vice president and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary, or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent, or (iii) when duty executed in(] scaled (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and withim.the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal, when so used shall have the same force and effect as though manually affixed. IN WCFNESS WHEREOF, Atnwest Surety Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 1st day of December, 1990. ttMsu u~/~ PORq'' F.8 3 J OP t y: 2v AY r F~..co L~LGrL~ 797 :~~F ohm E. Sac/President Karen G. Cohen, Secretary IFOR . r J b , 11100,0\11 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES On this Ist day of December, 1990, personally came before me John E. Savage and Karen G. Cohen, to me known to lic';hc individuals and officers of Antwest Surety Insurance Company, who executed the above instrument, and they have acknowl,.d;,ni the execution of the same, and being by me duty sworn, did severally depose and say that they are the said officers of the corporation afore'.r;id and that the seal -Ifised to the above instrument is the seal of the corporation, and that said corporate seal and their signatures :r,: 5utrh officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. OFFICIAL SEAL ANA B. ZAMUD .1"09 IS Not~~yy PUDACCdtomb /t OS ANGELES COUNTY i AAy Comrttabn ER~rw October 22. 1993 Ana Ii. audio-Solis, Notary Public Restrictions and Endorsements E =^~Ft-t=t at" tv=b:asssTaxu DATE: 11-20-90 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Bid 461168--Tree Trimming RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Northeast Service Inc., dba Horton Tree Service, in the following amounts: A) Open Easement(accessible by bucket truck) .59/ft B) Closed Easement(requiring hand climbing) 1.18/ft C) Trim Below Phone Lines(additional to A&B) .15/ft *Item C will be split 50/50--GTE & City of Denton SUMMARY: This is an annual contract for tree trimming service to clear electric distribution lines and telephone communication lines. The total contract price is not to exceed $134,000. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Electric Utility Overhead Distribution FISCAL IMPACT: This project will be funded from 1990-91 funds approved for maintenance of overhead distribution system (Account 46610-080-0252-8338). Respec fllyy/submitted: Lloy V. Harrell City Manager Prepared by: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent - - - - - - - - - - - w 0 bj u o un C' - ai 00 r~- f3 ~ f4 0 in o In 00 ~o - - - - - - - - - - - - - - - - - - - - - - - v N I~-~ Fes-'. O U O F~j N O W N V Z lJt Ln i~ C] - - - - - - - - - - - - - - - - - - - - - - -