1990-0802651L-3/3689
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
competitive 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 therefore; 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
1103 Floyd Glenn Smith ~ 81,541.00
1104 AtRins Brothers$ 562,997.00
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 notifi-
cation 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 Proposals, and documents relating thereto
specifying the terms, conditions, plans and specifications,
standards, quantities and specified 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
immediately upon its passage and approval.
PASSED AND APPROVED this the ~C/ day of ~ ,
1990. 0
BOB CASTLEBERRY, MAY7 ~
/
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APP E AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
PAGE 2
DATE: JUNE 5, 1990
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID# 1103 - WESTVIEW TRAIL PAVING PROJECT
RECOMMENDATION: We recommend this bid be awarded to the lowest
bidder, Floyd Glenn Smith in the amount of $81,541.00, with
completion in 25-days.
SUMMARY: This bid is for improvements to the concrete paving on
Westview Trail. The project consists of 4,500 square yards of
8" concrete pavement along with curb and gutter, driveway
approaches, and manholes.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Street construction
capital improvements, traffic control, and citizens around
Westview Trail.
FISCAL IMPACT: Funds for this project will come from two
accounts. Approximately 1/2 from Street Maintenance funds,
account #100-020-0031-8303, $40,383.23 and 1/2 from account
~299-020-003-9105, $41,157.77, Public Works Special Revenue.
Respectfu~y submitted:
Llo~'d~fH~rreli ' /
City Manager --
Prepared by:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
030.DOC
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,
...........................................................................................
STATE OF TEXAS )(
COUNTY OF DENTON )(
CONTRACT AGREEMENT
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THIS AGREEMENT, made and entered into this 5th day of JUNK
A. D. , 19 90 , by and between THE CITY OF DENTON
of the County of nF.NmON and State of Texas, acting through r.r.OYn v
thereunto duly authorized so to do,
Party of the First Part hereinafter termed the OWNER, and FLOYD C.LI?NN~"
SMITH P O BOX 1 781_, n ~>'N'P[1N, mFXAS 76-0~ - - ~ -
of the City of DENTON , County of DENTON
and State of TEXAS , Party of the Second Part, hereinafter
termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned,'to be made and performed by the Party of the
First part (OWNER), and under the conditions expressed in the bonds bear..-i ng
even date herewith, the said Party of the Second Part (CONTRACTOR) hereby
agrees with~the said Party of the First Part (OWNER) to commence and complete
the construction of certain improvements described as follows:
BID$ 1103-WESTVIEW TRAIL 8" CONCRETE PAVING IMPROVEMENTS
and all extra work in connection therewith, under the terms as stated in I:he
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 i.n accordance with al. J.
the General Conditions of the Agreement, the Special Conditions, the Notice ro
Bidders (Advertisement Eor 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
CA-1
0119s
written explanatory matter thereof, and the Specifications therefore, as
prepared by THE CITY OF DENTON TEXAS ENGINEERING STAI'F
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, Eor the
pueposes 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 o[ 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, oc 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, ayents,
employees, invitees, and other persons for whom it is legally liable, with
regard to the performance of this Agreement, and Contractor will, at ir.s cast
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 '1'exa and
venue for its construction and enforcement shall lie in the courts of Denton
County, Texas.
The CONTRACTOR hereby agrees to continence work on oe after the date
established for the start of work as set forth in written notice to coimnence
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 pact 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 wiitten.
ATTEST:
~1 ~7, (~u~~t, kIC~~JIt~~,or
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-~TES~1~:
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Party of ~tSe First Pack, OWNER
LLOYD V. HARRELL. CI7YY MANAGED
(SEAL)
i ~~
F GLENN SMITH
Party of the Second Pa[t, CONTRACTOR
ey
Title
(SEAL)
APPROVED AS TO F~OR~M:/~
O~ I YL~M/~^
Ci Atto[ney
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0114s
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That FLOYD SMITH CONCRETE
of the .City of IIRNTnN
County of DENTON , and State of TEXAS ,as
principal, and SECURITY NATIONAL INSURANCE. COMPANY
authorized under the laws of the State of Texas to act as
surety on bonds for principals, are held and firmly bound
unto THE CITY OF DENTON TEXAS , in the penal sum
of F.7ruTV ONF. THOUSANll FIVE HUNDRED FORTY ONE ANll NO/lONollars
~~ 81,541.00 ) for the payment whereof, the said Principal
and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, by
these presents:
WHEREAS, the Principal has entered into a certain written
contract with the City of Denton, dated the 5th day
of JUNE , 19 90 to which contract is hereby
referred to and made a pact hereof as fully and to the same
extent as if copied at, length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCF3,
that if the said Principal shall faithfully perform said
Contract and shall in all respects duly and faithfully observe
and perform all and singular the covenants,, conditions and
agreements in and by said contract agreed and covenanted by the
Principal to be observed and performed, and according to ttie
true intent and meaning of said Contract and the Plans and
Specifications hereto annexed, then this obligation shall be
void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to
the provisions of Article 5160 of the Revised Civil Statutes of
Texas as amended by the acts of the 56th Legislature, Reyular
Session, 1959, and all liabilities on this bond shall be
determined in accordance with the provisions of said Article to
the same extent as if it were copied at length herein.
PB - 1
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 22nd day
of Ji7NE 19 9p
FLOYD SMITH CONCRETE
PRINCIPAL
By
T i t l e OH'NER ~_
Address: P. O. Box 1781
DENTON, TEDAS 76202
SECURITY NATIONAL INSiJK1WCE CQMPANY
BYT
SURETY
°~
Title AGINT AND ATTORNEY-IN-FACT
Address: 707 FIRST STATE BANK BLDG
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The name and address of the Resident Agent of Surety is: a~~~,`=~Y ~
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RAMEY,KING ~ MINNIS INSURANCE ` ~a
707 FIRST STATE BANK BUILDING. DINTON. TEXAS 76201
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PB - 2
PAYMENT BOND
STATE OF TEXAS §
COONTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That FLOYD SMITH CONCRETE
of the City of nF.NTnN
County of DENTON , and the State of TEXAS
as Principal, and SECURITY NATIONAL INSiIRANCE COMPANY
authorized under the laws. of the State of Texas to act as
Surety on bonds for principals, are held and firmly bound unto
The City of Denton, Texas, in the penal sum of EIGHTY ONE THOUSAND,
FIVE HUNDRED FORTY
ONE AND NO/100 Dollars ($ 81,541.00 ) for the payment whereof,
the said Principal and Surety bind themselves and their heirs,
administrators, executors, successors and assigns, jointly and
severally, by these presents:
,; r
WHEREAS, the Principal has entered into a certain written
contract with the City of Denton, dated the 5th day '
of .TUNE 19, g0 , 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 SUCEi,
that if -the said Principal shall pay all claimants supplying
labor and material to him oc a subcontractor in the prosecution
of the work provided for in said contract, then this obligation
shall be void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to
the provisions of Article 5160 of the Revised Civil Statutes of
Texas as amended by the acts of the 56th Legislature, Regular
Session, 1959, and all liabilities on this bond shall be
determined in accordance with the provisions of said Article to
the same extent as if it were copied at length herein.
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PB - 3
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the terms
of the contract, or to the work performed thereunder, or the
plans, specifications, or drawings accompanying the same, shall
in anywise affect its obligation on this bond, and it does
hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract, or to the
work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have
signed and sealed this instrument this 22nd day
of JUNE lg 90 .
FLOYD SMITH CONCRETE
g ,PR NCI AL
BY (\}~Af ~ I /
Title ~ OWNER
Address: P.0. BOX 1781
DENTON, TEXAS 76202
SECURITY ATIONAL INSURANCE C~ANY
~'( ~
By
Title AGENT F, ATTORNEY-IN-FACT'
Address: 707 FIRST STATE BANK BLDG.
_ DENTON, TEXAS 76201
The name and address of the Resident Agent of Surety is:
~~
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THE STATE OF TEXAS
COUNTY OF DENTON
MAINTENANCE BOND
5
5
KNOW ALL MEN BY THESE PRESENTS:
That FLOYD SMITH .CONCRETE
a s P r i n c i p a 1, a n d SECURITY NATIONAL INSi)Rt\NCE 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, Uenton
County, Texas, the sum of EIGHT THOUSAND, ONE HUNDRED FIFTY
FOUR AND 10/100
($ 8,154.10 ), the said sum being ten (10$) percent of the
total amount of the hereinafter mentioned contract for the
payment of which sum said principal and surety do hereby bind
themselves, their successors and assigns, jointly and severally.
This obligation is conditioned, however, that:
WHEREAS, the principal has entered into a written contract
with the said City of Denton to build and construct
~ID# 1103-WESTVIEW TRAIL 8" CONCRETE PAVING IMPROVEMENTS
which contract and the plans and specifications therein
mentioned; adopted by the City of Denton, are filed with the
City Secretary of said City and are hereby expressly incor-
porated herein by reference and made a part hereof as though
the same were written and set out in full herein;
NOW, THEREFORE, if the Principal shall well, truly, an
faithfully maintain and keep in good repair the work contracted
to be done and performed for a period of one (l) year from the
date of acceptance in writing by the City of Denton and do all
necessary work and repair of any defective conditions growing
out of or arising from the improper work of the same, including,
but not limited to, any settling, breaking, cracking or other
~,
MB - 1
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defective condition of any of the work or part thereof arising
from improper excavation, backfilling, compacting or any other
cause or condition, known or unknown, at any time during the
period of this bond, which the city engineer, whose judgment
shall be final and conclusive, determines to be the result of
defective work, materials oc labor; then this obligation shall
be void, otherwise to remain in full force and effect.
In case the said Principal shall fail to maintain, repair
or reconstruct any defective condition of the work as
determined herein, it is agreed that the City may do said work
and supply such materials as necessary and charge the sum
against the said Principal and Surety on this obligation.
It is further agreed that this obligation shall be
continued 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.
Provided, further, that if legal action be filed on this
bond, venue shall lie in Denton County.
IN WITNESS WHEREOF, this instrument is executed in
duplicate, each one of which shall be deemed an original, this
the 22nd day of JUNE , A.D., 19 90
SURETY
PRINCIPAL
SECURITY ~TIONAL INSURANCE COI~ANY FLOYD SM CON TE
BY: '~-"~ BY: 6
Tit e . ~ Tit
AGENT F, ATTORNEY-IN-FACT
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MB - 2
TheTrinity
Q' Companies
Dallas, texas 75201
LIMITED POWER OF ATTORNEY
Y.NO'N ALL P.1EN BY THESE PRESENTS
_ ~z
That TRINITY UNIVERSAL INSURANCE COi:1PANY and SECURITY NATIONAL INSUR~ANCE,CO,MF?p,NY;
each a Texas Corporation and T, RIiJITY UNIVERSAL INSURANCE COMPANY OF'Kq NSAS; IMC.,; a
K onsas Corpcration do hereby appoin~
M. G. RAMEY, TERRELL W. KING, ILI, RANDAI,L~"1:
MINNIS, JEFF P, KING OR JAMES KING - DENTDN, TEXAS
its true and lawful grrorney(s)-in-Fact, with fsll no nc~rlry ro execute on its behalf fidelity •dndsufety'6onds
or underwkings and ocher documents of a si miler rharac rer issued in the course of its business,;'.and to
bind the respective cam pony rh Pre by. -
EXCEPT NO AUTHORI"I~Y IS GRANTED FOR. ,
1. Open Penalty bonds. -
2. Bonds where Aitorne y(s)-In-Poet cocecr as e party at interest.
IN WITNESS WHEREOF, TRINITY- UNI'/FRSAL INSURANCE COM1IP 4N Y, SECURIT't. NATIONAL IN-
SURANCE COMPANY and T.R INITY UNIVERSAL INSURANCE COP:IPANY OF KANSAS, INC., have each
executed and arrested these presents -
~~// this 9TH day of APRII t9 gg:.
~~.('.CLG~ '/yam/ ~Y~rr~~ ~~`~'f!v~ ~ ~ \~/7/~ S/~1//~J
/ JUDI R E. PAGAN, CO~~ECREYARY-VICE PRES. JANhh~G. DR WERT, pRE51DEN/
AUTHORITY FOR POWER OF ATTORNEY
That TRINITY UNIVERSAL INSl1P,ANCE COi,1PANY and SECURITY P:ATION AL INSURANCE COMPANY; :'
ecch a Ta <as Corporation and TRIM T'f UNIVERSAL INSURANCE COh.1PANY OF KANSAS, INC., a Kansas
Corporation, in pursuanw of nutirorir: .w ontad fir, ;haT cerei.-~ resolu;ian adopted by their respective board of
Directors ~an the 1st dey of i.larch, 1975 end of ~.vhich t'n= iollowinc is a true, full, and complete <opy:'.~
"RESOLVED, Thor rite President, any Vita-Pmsideo;, or any Secretor: of eoch of these Companies be grid
they are hereby authorized and erncowered c mcG.-- _,ecure, anti dali•.er in behalf of these Companies
un rc such person or persons revdino v,irh ht rite Unfired States of Amen ca, as they may selec r, firs Power
of Attorney con srltuting and cppoinrlne each wc~ ry=rson firs Aaornec-in-Fact, with full power and author-
. icy to make, execute and deiiYer, far It, in firs Home end in firs behalf, os surety, any port teal ar bond or
underta'~ing that may he re Guired in the specified tern torn, under wch limitations and resrr is tion s, both
as to nature cf such bonds or undertaking and as rc Ilmirs of liability to be undertaken by these Companies,
as said Officers may deem Groper, rha nc;ure of socFt i;onds or undertakings and the limits of liability to
which such Powers of Attorney may bs re stricta d, w be in eoch Instance specified in such Power aE
Attorney.
RESOLVED, Thar any and all Attorney s-in-Feet rod Officers of the Companies, includ fine Assistant Sec ter.
;Aries, whether or riot the Secre re r~ is aosen t, be and ere hereby outs orized and empowered ro certify or
verify copies of the By-Laws of rhesa Ccmnrniss as v:ell es aey ro solution of the Directors, having to do
with rf:e ex ecurlon of bonds, recognizanw s, con:racrs of Inde mnit ~, and all other writings abligotory in the
nature thereof, or with regard ro the powers of any cf the cff tears of these Companies or bF At torn ey s-in-
Fact.
RESOLVED, That the sign atvre vi cm; cf t. ~ oarse~rs ascribed L. .. a icre aoiny resol union may be'fuc- -
simile signatures as fixeC or re produ c:_d 'oy --nY rcrrn or ~r7p ur ;, ;,I. i -, o cr arher reproduction of
tha namZS Of the persons her?inabcv2 av thOri±2C.'~
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CERTIFICATION OF POWER ATTORNEY
I, Judi rh E Fayen, Cnrp. Secretary cf TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL
INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do hereby
certify char the foregoine, Re sal union of r'no Boards of Directors of t'nese Corporations, and the Power
Attorney issued pursuant there ro, ere true and correct and are still in Full force and effect.
IN '.VI TfJESS 'vhc,R[O F~^,Itna e'r.ereunte set my nc-d end a~f -~.~e rye facsimlle seal cF eoch Corporation
;"~..
Eet`~`'~~~ ~a.~ ~ ~
51.E ~N°r4 ?~ ~.PWruumry.Ma~., i /fir wrruyY ~.r ~/
>~SESS;; - SEAL.3 SEALa= ~UDITN E. PAGAN, CORP. SEG RET ARY
• `yiy\. ~ i ids ~ ~~ tl ^ '. ~ ~ .
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B-3B9Y
RE V. 3-02
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/oc 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
Purchasing Department prior to starting any construction work
or activities to deliver material on this Contract. The
certificate(s) shall state that thirty (30) days advance written
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 protecr_ the
Contractor against all claims for injuries to members of
the public and damage to property of others acisiny Erom
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.
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
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.
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.
INSURANCE SUMMARY:
The ContCact 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 ace 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 oc 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 adeyuate
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.
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CI - 2
-' !~- o-'d N T H U 1 2 ] 57 P u. me •d Y i r. 9' f•1 i r. r~ i s F' _ 0 1
a/:1/N:D. CERTIFICATE OF INSURANCE 'SS"E°"TE'MM'°°""'
7uly 5, 1990
rRDDUeER TH19 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS
-game Kin 6 MinniB NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE ODES NOT AMEND,
Y S EMEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
707 Firet State Bank Bldg.
Denton, Texas 76201 COMPANIES AFFORDINp COVERAGE
coDE
Bue•co°E
COMPANY A
LETTER
COMPANY
LETTER
COMPANY G.
LETTER
COMPANY p
LETTER
COMPANY E
LETTER
Trinity Universal
INSURED
Floyd Smith
Box 1781
Denton, Texas 76202
COVERAGES •
THIS Ifi TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED SELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POIICV PERIOD
INDICATED, NDTWITHSTANDINp ANY REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY aE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IB SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMIT6 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
~O. TYP! OP INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ~ ALL LIMITB IN YHOUSANDA
TR DATE (MM/ODlYY) DATE (MM/DD/YV) '
GENERAL LIABILITY O@NERAL AGGREGATE f 1, 000
A X C'DMMERCIAL GENERAL LIABILITY GL7474918 5/1/90 5/1/91 PRODUCTB•COMP/OP$AOOREOATE f
CIAiMS MAOfi x OCCUR. PERBONAL f ADVERTISING INJURY f 500
x OWNER'9 f CONTRACTOR'S PROT, 'EACH OCCURRENCE f 500
FIRE DAMAGE (Any ene Ilro) f 50
MEDICAL EXPENSE (Any ene pereen) t 5
AUTOMOBIL! UAOILITY COMBINED
A x ANV AUTO TCA6563214 5/1/90 5/1/91 L0N"pLE f 1,000
x ALL OWNED AUT08 i BODILY
INJURY f
SDHEDULED AUT08 (P°I poroorV
HIRED AUT09 BODILY
INJURY ~f
NON•OWNED AUT09 I (Pfr f00100R0
GARAGE LIABILITY
PROPERTY f
i DAMAGE
EXCESB LIABILITY AGGREGATE
UHA
ENCE
OOC
E 8
OTHER THAN UMBRELLA FORM
WORNER'B COMPENOAnOX STATUTORY
f 100 (EACH ACCIDENn
AND WC8273085 JP/1/9D 5/1/.91
~ f 500 (DISEASE-POLICY LIMIT(
lMPLOYERB' LIABILITY f 100 (DISEAS@-EACH EMPLOYEE;
OTHER I
IEBCRIPTIDN CF OPERATIONSILOCATIDN9/VEHICLE&RE8TRICTION3/SPECIAL ITEMS
City of Denton
901E Texas St.
Denton, Tx. 76201
' 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 70 THE CERTIFICATE HOLDER NAMED TO THB
LEFT, BUT FAILURE TO MAIL SUCH NOTICE 6HAlL IMPOSE NO OBLIGATION OR
LIABILITY OP ANY KIND UPO THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
(CORD 26-5 (3/8S)
AUTXORIIEC PEPREBENTATIV
Aamey Kin
®ACC'RD CORPORATION 7988
CONDITIONS
ADDITIONAL INSURED: The City of Denton, its elected and
appointed officials, officers and employees. (This does not
apply to Worker's Compensation.)
NOTICE OF CANCELLATION: Prior to any material change or
cancellation, the City of Denton will be given 30 days advance
written notice mailed to the stated address of the Certificate
Holder, City of Denton.
1. 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.
2. 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.
3. 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 $500,000.
ii
CI - 4
''r~X"d r, `-t~~iw `}'~~~~ts~~.gi w`4Ytgp 4 '1 'M~.:.k it> }h ill I~ t3', ' ? ,.art 't'tr
.+ a 2' ` 'i 4 °'R N'. ~. L i S~k A~' S < fi ~3.y
`. ~~` t E* , tsqq~~~~?w~ ~~t~js t iv F '3 { ~ r ~w ~4~ ~ .Y ~ ~ '~' .#t J'~"L t'- ~` s 6~
't x ~~t 7~ w pL' '~ t9' b , a L M ~~= F 7r t 'dF r~ t Fla` Y, ; ~~ yYP~
K'q~ ifir'~ s ~"'yzy ~.! ~~~ i a~ -s~, (+, rr t! x~~7t i~,t~ ^'. f><~ Y ~ a',yct42.~y
. ,;N ~ tj Y at ~ s - ~ r .~ -}' K t [ ~d'TK' ,~ itiSq j~ fit, r`~.
'~ ,~ ~ m~ .~ et i ='G" { la ~ ~i 'w~f v ~5"~ Ay #< i t ^C!z" 'Sw ~3Y+w *'p.5
Flit ''~ Tom`+u4~ .1F~ira t~~u= ~~, s 'i. 'fi i)`!, t .{fie;, r ~ S ~~ rBID # 11D3''~s~°'~~
~ ~~~t r'~"'~ { t i Yfra ' N ,A ~" 4i~ ~ SP t ~y~ ~fi$rd
Ore ~~~f$'k'~T.`va`~~4a t t~C~ t rx }, ' F ~ ~Lt k"qk ,~„y -a. '.~gy t 'c ~4 s.
9 d~'~~~1+:~~`{~a R, rt'Elt~,ba .. f'r - ~~ ~,,..~r ~*~ 7`~i ~~c ~h`I -. 6 i~~j. i _ iz i~~~~
b >:u `i i,1~ ! 5 u 'j ~,.~{'~'1 j t }" y'~! 4 Y 4 ~S°'W
~' frnd''e', .>y..t+~j `v`',fi t~~ ti., fir ~~=b ^ tL 9 y e~,j W t t w
t ~ _ ,~ .~,_~,~. firs;, '+ sPROPOSAL 9 ~-tir=E~i,~,~ ~ ~'~.~^.(,'`."~~ 'i`~o~afi~°a
1 €' .fi (~3j s~, .. tf = u'. , al 4} 1 k .}"'"° ~ ry ,f'tj1
' y fi ~ ~-/ ~ ~ _ ' ev n ~ ° t a3 M~'~a~ ~~ ~~ ~ ~ , ~5't~{.p f I~1
~{ i"~b ''~~ 't 4'.Sy 4 TO 1t er ~.~ ~~~ b, ~` '~ t r,a)
r t" ~x'`+, A tr vM ~'; v'.~'.* it ac~. _ 1~'"e'$~.~x'fi,
t
~, i~," 4y'3 a ~ rt5} q~ ~`~ THE CITY ~ F - s ~ ,~*~ ~'=~;~t
,~ ~ >*~ '~ ; . t OFD DENTON, TEXAS a = ~ ~ w" ~ {
t. :t n t 3y '+ ~ ~ ~ ._. t ,,x a,f ty+`(~ spy ~~"~~i„
~ t ] 1
e n~'W'r $ tp q! ., i~x ~ ~ w 4. # ~'~ r t ti~ a'~tu"~'~
' yt ~~i 'C =_ ~ v°if ~ FOR THE CONSTRUCTION x-OF µ y,, , ~-i
=#'~~xC. ~~~,~ ~~ t ~ ~ - t Ns~ ~_ ~"t'' ~~ ,. 'r'v~`~ttt1' t'"T~~~~h7~
~~~ k ~a~ ~~ is ll5 r ! ~~H r ~..~ ~ ~ ~~ -' ~ . - f ti n r~ t,`'~t~ :~; i ~ , x~•i"~
~',, ~+,, ;~,,~; 3 ~*~ WESTVIEW TRAIL 8'.' CONCRETE PAVING tIMPROVEMENTS { ~ ~~'
c t 1S -wr r , t .. ~ u~ C ~ ) N~ y 5 ~~ _ «
t'h ~ r,r~+r pi.f s ~t> t i(,.~{~ 1- ,~,.iel.~~ lr~~:~
a I tJ ~ rc ~ k,4,
~,*^~a~+~,+.,~ mss,: >~~,~~.a+,: w, t '~ DnNTON, TEXAS,si"`~ o~ i .. .-. hai a,~~~~,
r ? ~ ~ G ti 1 f ri ; , 4 f~i 4PT~,I~~a ~~ ~ ~x~,y i E'S, ~i l~'!.
f -eu= =r iii'`'~'~#$!tt 'EaH v ..} ir+ rt' tfi ~ ~(.~~s ~ tV~"fit ~ t. t~+~ s''
,,' ~ The~:Tundersigned, - as bidder, • declaresal that the onl ~ *':
! parties ':interested in : this ~ ° Y person or ~~. ti,
proposal ''as!: principals are those ~~` ~s
A f` named,~herein,°= that- thisproposal is made `without 3.collusion withYr
~~ t any ,` other'''person, firm ` or corporation, :,that he~~;i'has carefullya~~^r`~"
~~f',examined'lthes form of contract, Notice eto iBidders, r,specifications;~~~k~~,
,.., ands=,,the°plans ,,herein-~ referred .to, ~and',has carefully examined ~ ~j
r the ~;rlocations, conditions, ' and _ classes;' Hof materials of the Fs,'",~,~~,#
`jX~.laborse,d work' and-agrees that he will'~provide all';-the necessary ~tif
,•~~machinery, tools,' apparatus,tand`-other-items incidental 4,~~;
~to''construction, and will do all theJ~work' and furnish all the' ,`Ry'
materials. called for in the contract.`and specifications in the jM,x~:~
manner prescribed herein and according`to. the t'e uirements oft-'~'~
the"aCity;as therein set:.forth. ~, ! '~: :; ;f9 .-~~~
It'` is'understood that -the followin " 1 ' ~'~ "~'d''~``
g '~quant~ities Hof work to be S`'~~k~+~'
done° at unit prices are approximate only, and~•`are intended '~''~`
principally. to serve as a guide•in evaluating bids f# SR~~,
It • is'.agreed that the quantities of ''work to be ;:done at unit yifi#~:~
.prices" :and .material to be furnished..; may be ~xyincrease~? cr ~ ~"-~
diminished as i may be considered ` necessar `'t'R "'"~
~, . of~,`.the ~~Cit Y. imF~the opinion y~~-:=~~~
'~ ` : contem lated ~ ~• to complete the work. fully as . I;planned and ;r~~;'s•
f P ,,-and that.-~a11; quantities.; of,.work whether .increased 'r~,-~^
or'~decreased are to be~`performed at~~the unit '~~~;
prices ..set forth,z.~t-, ,~
i=', below except as~~provided for;?in the',,sppecifications~~'~ ui~sf;
. T. -G"~ ... =~~t! ~ ~li~4i r~fi tit i~'i='r.l q~
It-,is further agreed that lump,-sum'pcices,~may bei,~{increased to ~,'~~~s
cover.=additional' work ordered by the:i~City,~;' but not`jshown on the r't ~~"
', plans''or required by the specifications, >in accordance with the 'F~.~t
provisions. to the General .Conditions °~ Similar, ~"F the ~"'~"~'
Yi, Y. may be,t,~'~,g~
decreased,,,to cover, deletion. of work so iotdered. ; n,! k,~q~~.~
_ It is •understood' and agreed that the}~work •is to be";completed in ~'~v~,^
•sheetwithin the .number of work days shown on the b1d tabulation ,yc:;~
' ~ '~~~ i.yf h S ~!r
t ' ~~ } ~A ~, ~~~4.
.. J '
s
'"zJ,-Y uh-fie``. ~n "Y3f r ,~~`.I.~.'F YX`'.+ ~ ~'. 'R ~'. ~ Yn
a ;.r;WORA DAYS r'~F.~.
25 .
• r: s" ~ ~ it BID NO. j1O3
"
Westview Trail 8 . Concrete Pavin Improvements -.+,', ,`,,+
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ITEM ~ DESCRIPTION QUANTITY
'+UNIT ~tUNIT PRICE TOTAL~a`
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J
:,
r~..,:~r , .,. ., ~::~ `~~y
1.21
Contractor's Warranties
~
LS ~
i -~' S
Q '
5.8 8" Concrete Pavement 4520 SY //c3~ / $S/~Z
Bar[icades, Warning T
~
`
~ ,, r.ra„~;r,
8.1 ~ Si ns, and Detoucs ` ,.
L3 '
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~7
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.8.2-A Concrete Curb and Gutter 420 LF +
. /
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7S ~ ~"Ny 1~ ii
8.3 6
Concrete Drivewa 20 SY Q
/ 9-s.m
6.7:2-A MAd ust ,Manholes ~ 3' t''~ +~ ~ EA °- / Q~Cd'
r +
SP-15A,~ A ust Valves 3 ~ EA ~/ lo~OYy
' o
SP=15B Sewer.. Cleanout 1 '' EA ,,/
~ ~$'
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_ r'," ,Y ~ z. $ ,i ,. ` nBID# 1103 ~ +4t~~1
~ i. ~ i Sty. ~ BID SUMMARY z ' o, ~ r - e~y,'~
c ~ ~ r ~t t,~ . " J ~t~ ~{" ,a" ~~g`~
.~ 'TOTAL T^BID ~ PRICE ,IN WORDS ~,((k, ~mj n~~~n~t,Q rf`~',~` ~~ 4 J/ ryj ' s`~=~`,~~
.. ~~~~
D~.C(I ~. iT/W i.l T d M1M '"~.~'~
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'~Y
:In 'the event "of the award of a contract to• the undersigned F ~~ W {Ne
S ~y bt
the ~:~`
.undersigned will furnish a performance~~' bond. ,
and a>:~~payment bond t~"~~`~
. for` the full-•~' amount of the contract•~~ to secure proper 'ter-~''
compliance with the terms and provisions of
i
`"
' thesr'.'contract, to
''~
~' ~''.
"
nsure
and
guarantee the work until ,final completion ,
and ,^~'"+
. acceptance, and' to guarantee payment `ford all
' lawful claims for
;~'
~"
labor
pecformed~and materials furnished in .
"
the fulfillment .~~
.
a..
~~d<<;~
of
;~
the contract
_ r~~ 1 ~.,y." n< ;. ,
p.~~-5~..
It pis; understood that the work proposed to
• be done shall
~-F
be ~~~&~'~~{~
accepted, when'
,fully completed and finished
`
` in accordance w ith ;r
'~
`~i
the
plans: and
specifications, , to the
>. satisfaction of ,:
.
the
~'~
r~
-
~k
;
Engineer ;~ >
,
..
i
, ,~.• ~
r e ~
T x s, ' 5"Fk,~
he undersigned certifies that the bid prices
' contained in t ~
his r ~z
...proposal
"have. been carefully. checked,
and are ~;s
ubmitted as
,
correct and final. ;
i ~€~ ~•4~
r~~~,
.. ~ ^I -"
"~ '~ ' ~
~
~
Unit and'
lum
p-sum prices as shown for ',each -'item listed in t t
,x
~:
his j"~
._. proposal, shall control over extensions. ~ jf; °
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CONTR CTOR ,
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Street Address
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Seal b Authorization
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(If a. Corporation) ~~7-~
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,~ ~`The~'rini
i::i .~
::~ Companies
Dallas, Texas
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we FLOYD SMITIl CONCRETE CONTRACTOR
AND FLOYD GLENN SMITH, INDIVIDUAL
as Principal, hereinafter called the Principal, and SECURITY NATIONAL INSURANCE COMPANY
Surety, hereinafter called the Surety, are held and firmly bound unto
CITY OF DENTON, TEXAS
as Obligee, hereinafter called the Oblig=e, in the sum of
,as
FIVE PERCENT OF BID ............................
Dollars ($ 5 % o f bid ), for the
payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
City Street REpair, Westview Trail, Denton, Texas
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 the failure of the
Principal to enter into such Contract and give such bond or bonds: if the Principal shall pay to the Obligee the difference not
to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may
in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void,
otherwise to remain in full force and effect.
PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the
final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has
been firmly committed to cover the entire cost of the project.
Signed and sealed this 15th day of _ D1ay , ig 9O
FLOYD SDIITFI CONCRETF. CONTRACTOR
AND FLOYD GLF,NN Shff'1'H, INDTVIDUAL
(Witness)
• 4 ~ .!4
~SEBL~ SEAL;•~ ''SEA,L~~
=,/ .y
S 6tB 15 Bli
Trinity Universal Insurance Co.
Security National Insurance Co.
Trinity Universal Insurance Co.
of Kansas, Inc.
q (Prir}cipal) ') ~ /
(Seal)
1
'~~zG~
r
(Tide)
SECURI'1'y NA'1'lUNAL INSIiR~WCli' CODIPANY
(Attornnwin-Facn
TheTrinity
Companies
Dallas. Texas 75201
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY TFIESE P42ESENTS:
That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY,
each a l'exos Corporation and l'RItJITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a
Kansas eorpa~°"an da hereby appoint M, G. RAMEY, TERRELL W. KING, III,
RANDALL L. MINNIS, OR JEFF P. KING - DENTON, TEXAS I
its true and lawful At rorney (s )-in-Foci, with full authority to execute on its bahalf fidelity and surety bonds
or undertakings and other documents of o similar character issued In the course of its business, and to
bind the respective company Cher=by.
EXCEPT NO AUTHORI-I'Y IS GRANTED FOR:
1. Open Penalty bonds.
2. Bonds where Attorney(s)-in-Fact appear as a party at interest.
IN WITNESS WHEREOF, TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATION 4L IN-
SURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, IN::., hwe eacb
executed and attested these presents
thi s~aTH day of FFRRIIARY ~ \~~7/~/ S/~~//~) t9 8~
E ARV-V IT [E PRES• ~MhM~G. OR WERT, pgE51 DEN~~
AUTNORITY FOR POWER OF ATTORNEY
Thar TRINITY UNIVERSAL INSURAICE COMPANY and SECURITY NATIONAL
each a Texas CorporoH on and "f RINI'1'Y UNIVERSAL INSURANCE COMPANY OF
Corporation, in put seance of authority granted by that certain resolution adopted
Directors on the Ist day of Mdreh, 1976 and of which the following is o trot
"RESOLVED, That the President, any Vice-Pre sldeni, or any Secretary of each of these Cortrpmri es he and
they are hereby authorized and empowered ro rnaka, exec ore, and deliver in behalf of these Cornpan ies
unto such person or persons residing within the United Sr aces of America, as they may select, Ls Pove.-r
of Attorney constituting and appointing oath such person its Attorney-in-Fact, with full power and author-
ity to make, execute and deliver, for it, in its name and in its behalf, as surot y, any particular bond or
undertaking that may he required in rho specified territory, under such limitatbns and restrictions, both
as to nature of such bonds or undertaking and ac to lira its of liability to be and errgkan by these Conipauics,
as said Officers may deem proper, the nature of such bonds or undert ak fogs and iho limits of linhiliry ra
which such Powers of Attorney may he restricted, to ha in oath Instance sp e<ified In such Power of
Attorney. ,
1ESOLVED, That any and all Atrornoy s-in-Fact and Officers of the Companir s, including Assishmt Sacr.,-
taries, whether or not the Secretary Is absenq be and ore hereby authorized onl empowered ro certify or
verify copies of the By-Laws of rh=so Companies os well as any resolution of the Directors, having ro Jo
with the execution of bonds, re coyni mote s, contracts of indemnity, and all othor wri rings obligatory in iho
nature thereol, or with regard to the powers of any of iho off icons of these Companies or of Attorneys-in-
Fact.
RESOLVED, Thot the sign at vra of any of the persons do serf bed in the foregoing resolution may ho fac-
simile signatures as fixed or reproduced by any form of Yyping, printing, sYampina or other reproduction of
the names of the persons hereinnbave au thori zed.°
CERTIFICATION OF POWER ATTORNEY
I, Judith E Fagan, Cnrp. Secretory of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL
INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do hereby
certify that the Foregoing Resolution of the Boards of Directors of these Corporations, and the Power
Attorney issued pursuant thereto, are true and correct and arc still in full force and effect.
IN WITNESS WHER EO F,_I have hereunto set my hand and ofhse/d~the facsimile saol of ouch Cornorati~ojn ~~
- d,is l~doy of ,//`Cy n _i ti
wriy I
yAL INy j~` A^siN....~~y0 `S,\~\°.u,inyy~n y~
`~ f; q=:SEAL;;= .=SEAL=€ ~or,o~TN E. FAGAN, CORP. SEC RET ARV
w 3~,
~"nnrmn ~~~mrnm~
INSURANCE COMPANY,
KANSAS, INC., a Kansas
by their respective P..card of
full, and co mpl ere cape:
ri E v. 3-82
DATE: JUNE 5, 1990
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID~ 1104 - 1989 UTILITIES CIP 6" WATER LINES AND
8" SEWER LIARS
RECOMMENDATION: We recommend this bid be awarded to the lowest
responsible bidder Atkins Brothers, in the amount of $442,195.00
for the water lines, and $120,802.00 for the sewer lines. Total
bid award $562,997.00 with completion in 125 days.
SUMMARY: This bid is for the installation of 6" water lines on
Bristol Court, Wilsonwood Street, Brightwood Street, Longfellow
Street, Skylark Street, Sun Valley Street, Valley View Street,
Sunnydale Street, Oriole Street, Bob-O-Link Street, and
Hummingbird Street. The bid also includes 8" sewer lines on
Austin Street, Foxcroft Street, Avenue "C", and Stella Street.
These projects were approved as portions of the 1989 Capital
Improvements Program for the Water/Wastewater Utility.
BACKGROUND: Tabulation Sheet, Minutes of Public Utility Board
Meeting
PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Water/Wastewater
Utility, CIP Program
FISCAL IMPACT: Funds for these projects will come from 1989
Capital Improvement Program, account number
623-081-RB89-R905-9114 and 624-082-0471-V906-9114
Lloyd'. HarrelRespec~ 1~.~~ submitted 1 ~:
City Manager
Pro~xar ed by:
Name~--~-To~-D. Shaw, C.P.M.
Title: Purchasing Agent
030.DOC
o o o
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o ~ ~:~ HO
o o o
o o o
9d-/3/
- s,
CONTRACT AGREEMENT
STATE~OF TEXAS )( -
COUNTY OF DENTON )(
THIS AGREEMENT, made and entered into this Sth day of JUNE
A.D., 1990 , by and between THE CITY OF llENTON
of the County of puNTON and State of Texas, acting through
r.r.nVn y_ HARRF.f.r. thereunto duly authorized so to do,
Party of the First Part, hereinafter termed the OWNER, and ATRINS BROS. ~~
Fl~r1TDM ATdT rn rUr 1 8 ARS Ai.L GRAND PRAIRIE TEXAS 75051 ~.
of the City of GRAND PRAIRIE , County of DALLAS
and State of TEXAS Party of the Second Pact, hereinafter
termed CONTRACTOR.
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 cornylete
the construction of certain improvements described as follows: BID# 1104-].989
UTILITIES C.I.P., BRISTOL CT, WILSONWOOD ST., BRIGIITWOOD ST., LONGFELLOW
ST., SRYLARK ST., SUN VALLEY ST., VALLEY VIEW ST., SUNNYll11Lli ST., ORIOLE
ST., BOB-O-LINK, HUMMINGBIRD ST., 6" WATERLINES ~ AUSTIN ST., FOXCROFT
ST., AVE. C ST., & STELLA ST., SANITARY SEWER L
and all extra work in connection therewith, under the teens as stated in the
General Conditions of the agreement; and at his (or their) own proper cost and
expense to furnish all mate[ials, 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 Co
Bidders (Advertisement foe 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
0114s
CA-1
written explanatory matter thereof, and the Specifications therefore, as
prepared by TIIE CITY OF DENTON TEXAS ENGINEERING STAFF
all of which are made a part hereof and collectively evidence and
constitute the entice 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 t9anagec 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 r_ost
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 Dent~~~~
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 Gene cal 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.
cn-2
0119s
IN WITNESS WHEREOF, the parties of these presents have executed this
agreement in the year and day first above written:
::~
ATTEST:
_. A ~ i
CITY OF D~iTON TEXAS
Party of t) ~~irst par~,~
LLOYD V. HARRELL, CITY MANAGER
(SEAL)
ATKINS BROS. EQUIPMENT CO., INC.
Party of the Second Part, C 'PRA C'fOR -
By - -
Title ~~~~
CA-3
(SEAL)
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0114s
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF DENTON ~
KNOW ALL MEN BY THESE PRESENTS: That ATKINS BROTHERS
EQUIPMENT COMPANY of the City of GRAND PRAIRIE
County of DALLAS , and State of TEXAS ,as
principal, and WEST AMERICAN INSURANCE COMPANY
authorized under the laws of the State of Texas to act as
surety on bonds for principals, are held and firmly bound
unto THE CITY OF DENTON TEXAS , in the penal sum
of SF.VF.NH~NBR~$~la~TY TWO THOUSAND, NINE HUNDRED NINTY Dollars
~$ 562,997.00 ) for the payment whereof, the said Principal
and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, by
these presents:
WHEREAS, the Principal has entered into a certain written
contract with the City of Denton, dated the 5th day
of JUNE , 1990 , 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 SUCki,
that if the said Principal shall faithfully perform said
Contract and shall in all respects duly and faithfully observe
and perform all and singular the covenants, conditions and
agreements in and by said contract agreed and covenanted by ttie
Principal to be observed and performed, and according to the
true intent and meaning of said Contract and- the Plans and
Specifications hereto annexed, then this obligation shall be
void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to
the provisions of Article 5160 of the Revised Civil Statutes of
Texas as amended by 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 - 1
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
of June
this instrument this 5th
19 90
ATKINS BROS. EQUIPMENT COMPANY WEST AMERICAN INSURANCE
- PRINCIPAL SURETY
~fi
,- Fri
BY ~l~ ~~~~~ BY ~ °`_~
Mike^Atkins Ra atson '~=
-~ Title prO.S1:Ll"^t Title n++nrnay-in-far-~1-
Address :pt k^nc Rrc~a- F.a2~t c'c- 1nc~.Address: Watson-Aaencv
~~
,.-' t,
day
~~t_~
4~8'Wesi: ~4a~shall 9401 LBJ Frw y. , Suite 304
Grand Prairie, TX 75051 Dallas, TX 75243
The name and address of the Resident Agent of Surety is:
Ray Watson WATSON AGENCY
9401 LBJ Frwy , Ste. 304, Dallas, TX 75243
~ Disclosure of Guaranty Fund Nonparticipation
In the event the insurer is unable to fulfill its contractual obli-
gation under this policy or contract or application or certifi-
rate or evidence of coverage, the policyholder or
certificateholder is not protected by an insurance guaranty
I fund or other solvency protection arrangement.
I___ _ --
„_
PB - 2
CERTIFIED COPY OF POWER OF ATTORNEY
REST AMERICAN INSURANCE COMPANY
ADMINISTRATIVE OFFICE, HAMILTON, OHIO N0. 369
~llOlq a11~ A~PU b~ (~hPBP ~TPBPY118: That WEST AMERICAN INSURANCE COMPANY, in pursuance
of authority granted by Article VI,Section 1 of the By-Laws of said Company, does hereby nominate, constitute and appoint:
Ray Watson or Fonda Watson - - - - - -- - - - - - - - °f Dallas, Texas - - - - - - -
its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as
its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance
eSkCludrng ~Ko ~eve~, an bonds or underiakin s - - - - - - (s ~ D~D 000 00 -) Dollars.
Y ( 1 gl ) guaranteeing the payment of notes and in e'res tNereon-
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,
as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected
officers of the Company at its office in Hamilton, Ohio, in their own proper persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact.
`°pa~I ASU~" N WITNESS WHEREOF, the undersi ned officer of the said West American
``~t ........ Aj'• 9
''~°`PPCBy ~~f; Insurance Company has hereunto subscribed his name~and affixed the Corporate Seal of [he
= ~_= said West American Insurance Com an this ~ r, _ of
=_•-:z.1923 o'a- P Y ~3th'L`d~~~~%G - r ary ~ l9 88.
sTArE of oHlo, l ~/ Asst. Secretary
COUNTY OF BUTLER J SS.
on this 8th day of February A. D. is 88 before
the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came
Thomi~~s ~ Hf lc~eb>nand Asst. S~cretaar~r _of WEST AMERICAN INSURANCE COMPANY, to 'me
persona y nown to e t e mdividua and o icer esc (bed in, and who executed the preceding instrument, and he acknow-
ledged the execution of the same. and being by me duly sworn deposeth and saith, that he is the officer of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate
Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the
said Corporation.
o`°0tru\\tIItubp'a Seal at the CitSof H~m~tonHStaEe of OhioVehe daun~od seear fYrsh abovendvraei~ed my Official
• DWI %., /
_° r ~ » lx = (signed) G(/k/
sg~~`?,^.~Paima°`g Notary Public in and f~ ounty o Butlerf~hio
~r/N41W111W` My Commission ex ~ s ...December. 25,. 1.991.
This power of attorney is granted under and by authority of Article VI, Sec[ion 1 of the By-Laws of the Company, extracts
from which read:
ARTICLE VI
SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board, the President, any Vice President, a
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 a resident Vice President or a resident Assistant Secretary, or to appoint attorneys in fact for the purpose
of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and
deliver any and all bonds, recognizances. stipulations, undertakings or other instruments of surety-ship or guarantee, and pol-
icies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereof, or to any county
or state, or any official board or boards of any county or state, or the United States of America, or to anv other political sub-
division.
This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by [he directors of the
Company on April 24, 1980.
RESOLVED, That the signature of any officer of the Company authorized by Article VI, Section I, of the By-Laws to appoint
attorneys in fact, the signature of the Secretary or any Assistan[ Secretary certifying to the correctness of any copy of a power
of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf
of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid
and binding upon the Company with the same force'and effect as though manually affixed.
CERTIFICATE '
I, the undersigned Assistant Secretary of West American Insurance Company, do hereby certify that the foregoing power
of attorney, Article VI Section 1 of the by-laws of the Company and the above Resolution_;pf -its; Board of Directors are true
and correct copies and are in full force and effect on this date. ~`~°.~y .'~lt~a"~~~\"~
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company th'is;~5--f~iiay or~{:q+~i;~.A. D., 19 ;d
"a~M IIISUe"". ..yti .i CU/ ~~-_--
~t .........'~4y°z - -
J','pPPOBq',~n'' - - c
e 4 ~" ~ / '_
=~'t~ 1923 o'.~'e=
.~ `
~'"" ~°""~~~" -t"~A>taiatant'Seoretary
5-4300-C B-e0
PAYMENT BOND
STATE OF TEXAS 5
COUNTY, OF DENTON ~
KNOW ALL MEN BY THESE PRESENTS: That ATKINS BROTHERS
EQUIPMENT COMPANY of th'e City of GRAND PRAIRIE
County of DALLAS , and the State of TEXAS
as Principal, and WEST AMERICAN INSURANCE COMPANY
authorized under the laws of the State of Texas to act as
Surety on bonds for principals, are held and firmly bound unto
The City of Denton, Texas, in the penal sum of FTVF. HNNrRFr IXTY TWO
THOUSAND, NINE HUNDRED
NINm~SE1IF.D1 nun NniiBellars ($562,997.00 ~ for the payment whereof,
the said Principal and Surety bind themselves and their heirs,
administrators, executors, successors and assigns, jointly and
severally, by these presents:
WHEREAS, the Principal has entered into a certain written(
contract with the City of Denton, dated the 5th day
of ,T11flF 19, 90 , 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 supplyiny
labor and material to him or a subcontractor in the prosecution
of the work provided for in said contract, then this obligation
shall be void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to
the provisions of Article 5160 of the Revised Civil Statutes of
Texas as amended by the acts of the 56th Leyislature, Regular
Session, 1959, and all liabilities on this bond shall be
determined in accordance with the provisions of said Article to
the same extent as if it .were copied at length herein.
PB - 3
Surety, for value received, stipulates and agrees that no
change, extension--of time, alteration or addition to the terms
of the contract, or to the work performed thereunder, or the
plans, specifications, or drawings accompanying the same, shall
in anywise affect its obligation on this bond, and it does
hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract, or to the
work to be performed thereunder. '
IN WITNESS WHEREOF, the said Principal and Surety have
signed and sealed this instrument this .5th day
of June 19 90
,,. .
ATKINS,~BROS. EQUIPMENT COMPANY WEST AMERICAN INSURANCE. cnrvtpauv
By
Title ;Pr`esident.
By
xay wstson
Title Att rnev-in-
,,Addiess`Atkins. Bros Eqpt Co, Inc.~Address: Watson A4ency?~,~!~i,~or-+
- a;
918 West Marshall 9401 LBJ Frwy., Ste-304 y
Grand Prairie. TX_ .75051 Dallas. TX 75243
The name and address of the Resident Agent of Surety is:
Ray Watson WATSpN-AGENCY:
9401 LBJ Frwy., Ste. 304, Dallas, TX .75243
Disclosure of Guaranty Fund Nonparticipation
In the event the insurer is unable to fulfill its contractual obli-
gation under this policy or contract or application or certifi-
rate or evidence of coverage, the policyholder or
~ certificateholder is not protected by an insurance guaranty
~ fund or other solvency protection arrangement.
,;
PB - 4
.CERTIFIED COPY OF POWER OF ATTORNEY
WEST AMERICAN INSURANCE COMPANY
ADMINISTflATIVE OFFICE, HAMILTON. OHIO NG. 369
~IIQtq ~{1( ~Ptl bit (~hP9P ~CPSPUIS: That WEST AMERICAN INSURANCE COMPANY, in pursuance
of authority granted by Article VI, Section 1 of the By-Laws of said Company, does hereby nominate, constitute and appoint:
Ray Watson or Fonda Watson - - - - - -- - - - - - - - °f Dallas, Texas - - - - - - -
its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as
itCCs act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance
e'kbfddlMn§~ttowDeve~, an bond sl or undertakin s - - - Is ~ 000 000 00 -) Dollars,
Y ( g( ) guaranteeing the payment of notes and in e'res tHereon'
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,
as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected
officers of the Company at its office in Hamilton, Ohio, in their own proper persons. ,
The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact.
•'awiiiy'' IN WITNESS WHEREOF, the undersi ned officer of the said West American
.•".c ........,44.,,.., 9
''~°~'oPP09q~',~. Insurance Company has hereunto subscribed his nametand affixed the Corporate Seal of the
= '~ M;o;
=»~~19z3 v;a said West American Insurance Company this ~~t _ of F r ary ~l tg S8.
`:,, • ,,:
STATE OF OHIO, l ' ASSt. $eCretdry
COUNTY OF BUTLER f SS.
on this 8th day of February A. D. is 88 before
the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came
Thom~~s W. Hilc~eb~and Asst. S~cretddr~ of WEST AMERICAN INSURANCE COMPANY. to me
persona v known to e t e mdividua and o Icer esc Ihed in. and who exerured the nrecertlnn Incrrumc,,, ~~a tie ,w.,..,.._
lodged the execution of the same, and being by me duly sworn deposeth and saith. that he is the officer of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate
Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the
said Corporation.
mm~mmp, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official
`~o+e~gut ary~~2,~ Seal at the City of Hamilton, State of Ohio, the day and year first above written.
+~ \~ / •1~ (signed)
1^ °
~~F~;; :?'~.: om\~ Notary Public in and f~ ounty o Butler, State of Ohio
~4jrmumlwtty`NO My Commission ex ~ s ...December. 25,. 1991.
This power of attorney is granted under and by authority of Article VI, Section 1 of the By-Laws of the Company, extracts
from which read:
ARTICLE VI
SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board, the President, any Vice President, a
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 a resident Vice President or a resident Assistant Secretary, or to appoint attorneys in fact for the purpose
of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and
deliver any and all bonds, recognizances. stipulations, undertakings or other instruments of surety-ship or guarantee, and pol-
icies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereof, or to any county
or state, or any official board or boards of any county or state, or the United States of America, or to env other political sub-
division.
This instrument is signed and sealed by facsimile as authorized by [he following Resolution adopted by the directors of [he
Company on April 24, 1980.
RESOLVED. That the signature of any officer of the Company authorized by Article VI. Section I, of the By-Laws to appoint
attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power
of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf
of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid
and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATE
I, the undersigned Assistant Secretary of West American Insurance Company, do hereby certify=ihat the foregoing power
of attorney. Article VI.Section t of the by-laws of the Company and the above Resolution; of 'its>;Board'of Directors are true
and correct copies and are in full force and effect on this date. ~°~~~== ~ .~ Wit' ~ %~
. ~ - ~ -
~„ i
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company thisJ~'~dayJo D., 18f~d
/'s, _
c?;•O 9~; •.n -
-~: 1923 v:a -,
3i'•. s
~,:
Assisiant Searetary
5-4300-C 8-60
MAINTENANCE BOND
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
That ATKINS.BROTHERS EQUIPMENT COMPANY
as Principal, and WEST AMERICAN INSURANCE COMPANY
a corporation authorized to do business in the state of Texas,
as surety, do hereby acknowledge themselves to be held and bound
to pay unto the City of Denton, a Municipal Corporation of the
State of Texas, its successors and assigns, at Denton, Denton
County, Texas, the sum of FIFTY SIX THOUSAND, TWO HUNDRED NIN'1'Y
NINE AND 70/100
($ 56,299.70 ), the said sum being ten (108) percent of the
total amount of the hereinafter mentioned contract for the
payment of which sum said principal and surety do hereby bind
themselves, their successors and assigns, jointly and severally.
This obligation is conditioned, however, that:
WHEREAS, the principal has entered into a written contract
with the said City of Denton to build and construct
BID# 1104-1989 UTILITIES C.I.P., BRISTOL CT, WILSONWOOD ST.,
BRIGHTWOOD ST., LONGFELLOW ST., SKYLARK ST., SUN VALLEY ST_,
VALLEY VIEW ST., SUNNYDALE ST., ORIOLE ST., BOB-O-LINK, HUMMJ:NG-
BIRD ST., 6" WATERLINES 5 AUSTIN ST., ., .,
& STELLA ST., 8" SANITARY SEWER LINES
which contract and the plans and specifications therein
mentioned, adopted by the City of Denton, -are filed with the
City Secretary of said City and are hereby expressly incor-
porated herein by reference and made a part hereof as though
the same were written and set out in full herein;
NOW, THEREFORE, if the Principal- shall well, truly, an
faithfully maintain and keep in good repair the work contracted
to be done and performed for a period of one (1) year from the
date of acceptance in writing by the City of Denton and do all
necessary work and repair of any defective conditions growing
out of or arising from the improper work of the same, including,
but not limited to, any settling, breaking, cracking or other
,;
MB - 1
defective condition of any of the work or part thereof arising
from improper excavation, backfilling, compacting or any other
cause or condition, known or unknown, at any time during the
period of this bond, which the city engineer, whose judgment
shall be final and conclusive, determines to be the result of
defective work, materials or labor; then this obligation shall"
be void, otherwise to remain in full force and effect.
In case the said Principal shall fail to maintain, repair
or reconstruct any defective condition of the work as
determined herein, it is agreed that the City may do said work
and supply such materials as necessary and charge the sum
against the said Principal and Surety on this obligation.
It is further agreed that this obligation shall be
continued 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.
Provided, further, that if legal action be filed on this
bond, venue shall lie in Denton County.
IN WITNESS WHEREOF, this instrument is executed in
duplicate, each one of which shall be deemed an original, this
the 5th day of June , A.D., 19~_.
PRINCIPAL
Attorney-in-fact
ATKINS BROTHERS .EQUIPMENT"COMPANY
Lr,,~vYS$e> d
Qv _",~,.,~ .
., ~;~
Titl ~~*~~_
r - a Y
t
Mike Atkins, Presidents -
,a:. :.
Y
r "
~~
~~
Disclosure of Guaranty Fund Nonparticipation
In the event the insurer is unable to fulfill its contractual obli-
gationunder this policy or contract or application or certifi-
cate or evidence of coverage, the policyholder or
certificateholder is not protected by an insurance guaranty
fund or other solvency protection arrangement.
NB - "2
CERTIFIED COPY OF POWER OF ATTORNEY
WEST AMERICAN INSURANCE COMPANY
ADMINISTpATIVE OFFICE, HAMILTON. OHIO
No. 369
~IIOW sa11~ A~PtI b~ (~hpBP ~TPSPYf2S: That WEST AMERICAN INSURANCE COMPANY, in pursuance
of authority granted by Article VI, Section 1 of the By-Laws of said Company, does hereby nominate, constitute and appoint:
Ray Watson or Fonda Watson - - - - - -- - - - - - - - of Dallas, Texas - -
its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as
its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance
e'kbftidrn~,~AowDeve~, any bond(s) or undertakin s - - - - - - - (s ~ 000 000 00 -) Dollars,
g( ) guaranteeing the payment of notes and in e'rest tfiereon•
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,
as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected
officers of the Company at its office in Hamilton, Ohio, in their own proper persons.
Tne authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact.
•p,,,.w,mn e„
•,pcaw. ~~sugeN, IN WITNESS WHEREOF, the undersigned officer of the said West American
~~:~"oPPeg4 ~'`~`-: Insurance Company has hereunto subscribed his name~,and affixed the Corporate Seal of the
=~i ^'`~°' said West American Insurance Com an this $
_~ _ Isz3 0l9` p y th ~ .- of F~ar~ ~ le 88.
.,u,,,,,,n° ..... -. .................... .
STATE OF OHIO, ! ASSt. $eCretary
COUNTY OF BUTLER } SS.
on this 8th day of February A. D. is 88 before
the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, cams
Thomai~s W. Hil~eb~and Asst. S~cretaar~r of WEST AMERICAN INSURANCE COMPANY. to me
persona y known to e t e tndividua and o Icer esc Ibed in, and who executed the preceding instrument, and he acknow-
ledged the execution of the same, and heing by me duly sworn deposeth and saith, that he is the officer of the Company
aforesaid, and_that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate
Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the
said Corporation.
d`+~Wu~at~+~~ Seal at the City of Hem ItoynHS taEe of OhioVehe daunand 5eear frsh above tyraeined my Official
8 a0: ,....... Y Y
e k \~f* = (signed)
1
~q•.......'a ~~5 Notary Public in and f~ ounty oo Butlel~hio
~°tt"u1m111m1~`°~" My Commission expl s ...December. 25t_ 1991..
This power of attorney is granted under and 6y authority of Article VI, Section 1 of the By-Laws of the Company, extracts
from which read:
ARTICLE VI
SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board, the President, any Vice President, a
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 a resident Vice President or a resident Assistant Secretary, or to appoint attorneys in fact for the purpose
of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and
deliver any and all bonds. recognizances, stipulations, undertakings or other instruments of surety-ship or guarantee, and pol-
icies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereof, or to any county
or state, or any official board or boards of any county or state, or the United Stales of America, or to any other political sub-
division.
This instrument is signed and sealed by facsimile as authorized by [he following .Resolution adopted 6y the directors of the.
Company on April 24, 1980. _
RESOLVED, That the signature of any officer of the Company authorized by Article VI, Section I, of the By-Laws to appoint
attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power
Of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf
of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid
and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATE
I, the undersigned Assistant Secretary of West American Insurance Company, do herebyacertify;: thatgthe foregoing power
of attorney, Article VI Section 1 of the by-laws of the Company and the above Resoluiio`n~f itseBOard;of~Directors are true,
and correct copies and are in full force and effect on this date. ~ ~~. ~ /,_~.?
~_,%~.
-rt " ' ,-
IN WITNESS WHEREOF, I have .hereunto set my hand and the seal of the Company thls:5,~~^^dayo[~}~~~j~`~`-~'~~ D., 199D
.W; Peoq ~~~;
~~i0 g1'~.o3 - _-
w';°: ! ;
:,... ,; '
E :j_? 1923 0!<_ /-/~~~-~~7~~"+.%
:>'. -
,'~+;
""""""'"~ Aaiafant Secretary
5-4300-C 880
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/oc 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
Purchasing Department prior to starting any construction work
or activities to deliver material on this Contract. The
certificate(s) shall state that thirty (30) days advance written
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 orange
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 Eor
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 prococe the
Contractor against all claims for injuries to meml,~r:; of
the public and damage to property of others arisir~y 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 subcon'tr'actors.
CI - 1
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 $500,000.00.
INSURANCE SUMMARY:
The Contract shall provide insurance to cover operating Hazards
during the period of placing the facility in operation and during
testing, and until such time as the facilities are completed and
accepted for operation by the Owner and written notice oE. that
fact has been issued by the Owner. Approval of the insurance by
the Owner shall not in any way relieve or decrease the liability
of the Contractor hereunder. It is expressly understood that the
Owner does not in any way represent that the specified limits of
liability or coverage or policy forms are sufficient or adequate
to protect the interest or liabilities of the Contractor.
Again, the Owner shall be given a certificate of insurance
indicating that all of the above policies and the appropriate
limits are indeed enforced. The certificate shall also indicate
that the Owner will be given at least thirty (30) days written
notice of cancellation, non-renewal, or material change of the
required insurance coverage. All responsibility for payment of
any sums resulting from any deductible provisions, corridor or
self-insured retention conditions of the policy or policies shall
remain with the Contractor. The Contractor shall not begin any
work until the Owner has reviewed and approved the insurance
certificates and so notified the Contractor directly in writing.
Any notice to proceed that is issued shall be subject to such
approval by the Owner.
r~
CI - 2
(;I tY u UtN 1Up
.June 13
F ~'R
N r d Addrsss of Agency City of Denton References ;; t~~aa ~F
,Tanv~•z;.,r'
"-"°'
`'•~ ~iG
~'
'
Boley-Featherston Insurance "
ProJeet Naret 1989 CIP Utilities '
~~
P . 0 . Drawer 10 !
Sewer - = - - i;,~,,;,,;,
Pro act NotW
J a9 ~ ~~ 6 ~ „°,
<(
~ 9~~ i11189R
>
2 1
4
+,,r4
.
~`'
Wichita Falls. TX 7(9B6~3 (817)723-7111 -
:e;
a
3
-
ProJeet locetlonr'+ Denton, Texas '~~`~"'~~ .
~,~,".
. ~
...
. `' .. a,{w',$; ~:.
Mane in tt
9 9 ~P
_--..__--..______________~--_---_-_._-_------~--~
~
~ .}C.i
Name and Address of Insureds Conpanles A(fordlnp Coverages
.~;'~~F?'
;', *.;~~d
Atkins .Brothers Equipment Co. A BITUMINOUS CASUALTY CORP. •"'"""> ~~'
~~
918 W. Marshall
9 -, .tea k
;~4;
rr•;.
Grand Prairie, TX Phone (214) 647-889
0C
"~! a..
~•~,'=;
_ ~y;~
This is M artily that policies of Insurance Ilsted belw hew been Issued end en In
foroe at this time. t~`
~ i i~'
`~%`4~~
`.
~
:an+peny ~ ~ E><piratlon Limits of Uebilily ~~ r`te'' ,
-ester ~~• ~~• ----r-T of Insurance ~' -- - Pol lc Number ~ Oate in Tliousends (UW) -~ a
.. .~ '. ~ k,;...
'
~
~~~~
Camprehenalw General Llablllfy
~ j
~
i Occurrettce
A X Occurrence
~
)
Cl
l
M
d
(
/2
CLP206034
5-30_ a
dll
InJur
t}
+~~+`~u
t 1'
~
'S'-~;
ms
-reverse
-
e
a
e
see i o
y
y; ,3~ .
•
sib f3_
Broad Form to Includes ~ - ~ ~ Property Oenbge f :',y~,t •~•a
- Premises/Operations ~ r~•..-.
t
t
t "
`' y.'~.5
x Independen
Con
ree
oro ,
~Y• i~~
x Products/Conpleted Operations } flodlly InJury end Property ~ "k ~g;,a;
x Persoisel InJury Oemege Crnbinad ~ = 1 , 000;` '•~'+•
x Contrectuel Liability (see AI-reverse) ! ~ ~ ~~~
x E><plosim and Col lapse Hezerd
I ~
2
000
' ~~.
'
xUndergroundHezerd Aggregate, ,
, "~"`
x Uquor Lleblli~ Coverage + ! ~
- ?
' `
x Fire legal Lleb Illy (see tl-reverse) i ~~ ,
~ +
- Droed Form Property Damage ~' "` r' i."'
x
- Professional Errors/Omissions - -~--- --`--
~i ~'~i ----- --
~
' dt
~~:'
. -occurrence „
`I !.' , F i h~
'~
' +~~ ~'~
;t~
~
- elelnss made (see i2-reverse) ~ ~ .
!
,...
..
CC,~orttp,prehenslvs Autarobl le
~
i
Doll ly InJury/Person i:11
S
•~
?~ ,, ,~.
~~;~;
Liablllty Bodily InJury/Accident
------------------- ---- ii
f
----. -~__ ~+':
=~:F
A at Owned/leased Automobiles A P 17 6 3 2 4 9 5- 3 0-
~ ~ T
Property Damage f 't'~' :~n
~
Non-owned Automobl las ~
~ Hired Autanobl lee
~ - ---- '-------- ---------
Bodily InJury/Property -- -'
'?' „`'
'*~4;
Damage Combined ~
S 750 '~^
' ~"'
~;,.
~;
~ m
~..-
~- Morken' Conpensetian and - Will be i Sued Stetutory~Amount -" ~ ~~ ~ • ~~
~~
blllf
' Ll
F
l C
' t ~
~'
e
y
.tsp
oyers Direct b _o
. --
each eccidonY ~;
+ ,1 ~y
~ ' 1 1• !
1 F1
!/Fir.
Other' I nsuranos k '" ".5.
1511
i r ~ ~~
A _
Umbrella Liability
'UP1781354
5-30- +~~
1 $2,000 ,,;;~ .,,.r, •
,~_i
- gj
- ,r
lMseriptlon of Operotlons/Lowtlons/Vehicles. The Clty of Denton is an additional insured~•es Its Interest may ~ 'j. y,„~
appear es de}Ined on the reverse side. - r ;I ?'. ~'~
Jill provide 30 days written notice prior to cancellation or~~material change. :3;
+.,, ,r
~~
Nema and address of Certifleale Holder.
CITY OF DENTON, TEX/LS I
fI1RCFIASING AGENT
'n)I-B TEXAS ST.
!lENTON, TEXAS 76201
1451 +
. %~5~s:
}~".~ T~.
SEE ,BALANCE OF WNUITIONS 011 PAGE CI-A AI IACt1E0. .""!'.:;,ti:
CI - 3 ,i 4_,,i..
i ,'`
~ - ~.~ ;
~:.;~, .
i +i
n
;~'...
;;,
. ~.mre"'
Holey-Featherston,-Insurance I Bituminous Id1HGE€' tiU. .1665.;
:;:
F C] Drawer 10 EFFEGT]VE
,:.
.,,~ I`.
-------_E1FiRA1iUN
Wichita Falls, TX I BATE TIME
; ~ .I ,E
DATE '"~•~-
76307-7513 .----------------I----------. _ , :,..,
~
i
01
IX] ""' '' AM.
X
PHCNE 817-723-7111
106/15/90. 12:01 ~.
[ 1 Ft",I 07/15/90. t
] NCON~';`
---
rCGE SUG-DUDE I----- -------- ---------------------
`-=
=
`
1421-3231 [ ] THIS SifiCE^ IS ISSUEd ?0
-- ----- --------
------
1
--
~.
,
:`;iEt,p COVERAGE itt THE A6UVE h'A"Ed ~y
--- ----------- ----- -~_----_ r~,rArv F'ER "trtl: rii PCl
c ,
rfr MG ~
'
u ,EC DE5;,F.IFTiC'I OF CFEFATfUNSlVEH
Cit
of D
t
T tf t°rrRCFERTY !i'd:LL'G;Ri =i,I:Ai[CN) r`!,"
y
en
on,
exas Re: 1989 CIP Utili ties Contractor: Atkins
B;
'
i
Pur-chasing Agent X]wner/Contractors
1901 B T ..
l
•
Protective ' ~•a:.•.;:;
exas Street ;,.:>.,
I Denton, TX `; ; :-
76201
t<UPEF.AGtS t -___ --- ---------- ---- _ i----
i'Y( U~
[
~''
.
'-
' ALL L[AETLiTY cItl' ° '. TiwwHildS ___, ,.
:
1171JI
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F
" ni1!lUf•li i)!::., I I_Lt INS.:
rIFI, .,
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CACSE U'~LC
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SS
[ ] bASI i i GRUaU C i SPECIAL! ~ ~ ;+h ,~,
~ ~~~ i'+~;~'tii;
.[7
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[ I ~., _.
i,! I'^/ Y' fl I
i Cl)J 1. I { y' 6["~-P_ AIiGF.EGAiE .£ 500 '
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.
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.
FRDTECii'JE yCH CCCUR4EHt;E '' '
£500
;; 4
FIRE DAMAGE
'
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ii
atirU n ~ rCS i~ni11S i.nG[: t
y
;iLD f)F iAiJ1' C:lE PE
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,
-
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~~ut ~ni_1~1 I c~ i ' A'I VEHICL:5 i SihECL.ED 9EHiC~ES --
-- ---------
P '+ C+'
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-------
( (t'I' :_ I I,~ , I i- i I '.2iiti 3Ui l , A L aHICLES i ] SCri;d:;LEd 7t'hllLEs"
~ ---- - ---- -
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UuCU".F.ENCE ASeFEt,ATE RETENTION ' ;
. i GTtiEF, iHAh LhMEEE~LA FC°i. F~iFC dA?E FCr^. CcAir;S rADE: ,
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5.,~... rn ~rnn c ~ - ~ , u[^ CCIsFACES
rc6.r+L : ti:...._'i,./ncSiEl:iiOF,S/Ci.,..t ----------
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t NAME 6 AGGREs"S ' '
~~~''{
] MCRIGAGEE I ] ADCiTi0tlAL .I,ti~".ED [ iiJr^,IIiA1;EE i i n "'J:i:Ei~niL IiiSuEEd '
~~SE FaoEE i ;
] ~a5s PAYEE i
~
i °~
`
o
N
call ~;~t-
ihrs hinder is a temporary insurance centraft, subject to the ionditiclr,s shown. I
! i:Ctidl?IONS; This Comcany binds tire N,r,d(s) of insurance stipuiated on this form. This insurance is suhject to .Ile Terns
~ ~`"!
~ndrFr m and Iraita+rons of the p,lr r e , In link a ~; ~rni ,
Tn brnder may be I-ar e, td by the In Ise' r u ^r=I ,' r,ns , le ten i _ •
- +le ~ _,, 'u i
l
hen '
wan el at in urli be e(f4 'r~re. Inr b r'e, br ar al r~ `; „p,n' 5~~ i,~.r~e
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,
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Ir n r_;,~a rd ~! „
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` .:. ,~~pla~ .. ,., ; a ,
~, .h= Ct.~pany ,
entltied to charge a premium
~I ~Ie 5:idel Ln'd,n~ ". the r,t,es anJ Ra.
s
- ,
C'am
an
_
_ ,;
p
I AUirl%[i~D ~::F~;SENTA?iVE
:_AI;URD_ 75-5 __{2/88)_________________
~., _.t
..cn ~ i r i ui ~ e ur 1 M:>UttAM.2
CITY OF DENTg1
Noma end Address of Agsney City of Damon Referenws
Bolev-Featherston Insurance Project Name:
P. 0. Drawer 10
Project No:
Wichita Falls. 1'X 76307 Phone(817) 723- 7111 Project Location: "'
Managing Dept: ~ •"
Ne:n end Address of Insured: Companies Affording Coverage: ~~ ~~--~-'--
Atkins Brothers Equipment Co
i
A Bltu
C
l
' '''°`'~T~
_
m
non c
arna
ty (
Oro
918 W. Marshall B
Grand Prairie, TX 75051 Phona(214) 647-8890 ~
This is fo mortify tfiet policies of insurance listed below hew been issued and aro in force-at Mls time.'i,.'=~•
en
Le~ttery
T of Insurance
Expiration Llmlts of Liebill
Polie Number Dat =;,. ,,
"I ^~`~
~-••~~
e In Thousands (000
Camprelrnsive 6ensrsl Liability
A -xOceurrenca LP2060349 -30-91 Occurrence
- Claims Made (see /2-reverse) ~- -- Bodily Injury = - ~^.<
t
Broad Form to includes
-xPremises/Operations property Damage s
xlndependant Contrxtors
~Produets/Completed Operations ~~
-xPersonel inj Bodily injury and Property .~,'.""
ury
xContrxtual Liability (see il-reverse) Danega Canbi ned : 1,000,~~. ;'
xExplosion and Collapse"Hazard '
XUnderground Hazard ~ ~ ~ -.
;
-xLiquor Liabilitiyy Coverage ,
:".I
-xFire Legal Liability (see i;-reverse)
-~Broed Form Property Damega ~ -`'
- Professional Errors/Qnissions ~ ~ .~-
~
?a-
- occurrence
- claims made (see !2-reverse) .
,
., "a,:,'_„'. ,
_~"a~~.+:;
Ca:prehensive Autanoblle
Liability Bodily Injury/Person f_
'
~
A AP1763249 -30-91 Bodily Injury/Accident
_ s
;
~ Owned/Leased Automobiles
Non-owned Automobiles _ _
Property Damage.------
_ _ f -- --
x Hired Autc:nobiles
~ _
Bodily Injury/Property -_
-----_--j
. ~ Demegs Canbined S -750,' -~.
- Mockers' Canpensation and ill be iss d direc Statutory M:oant ,
Employers Liability -
by Carrier
f ,
.
~ '
each accident i
A OMer Insurance ~ '~'~~
- EXCESS LIABILITY
_ Umbrella Form UP1781354 -30-91 $2,000, ~~~'"'
Dsaeriptian of Operatlons/Loeetlons/Vehfeles. Ths City of Denton is an additional insured as its interest may ;,?;
appear as dsffned on the reverse side. ~ ,...
n;:~ ;
Noma end sddrass of Ceri•Ificate Holder.
' CITY OF DENTON, TEXAS
S11tCHAS I N6 AGENT
901-0 TEXAS ST.
DENTON, TEXAS 76201
00451
Mav 41. 1990 ~ ~~
~~~SUED
r .~. 'raL
SEE BALANCE OF CONDITIONS ON PAGE CI-4 ATTACHED.`~~'•
CI - ; `
CONDITIONS
ADDITIONAL INSURED: The City of Denton, its elected and
appointed officials, officers and employees. (This does not
apply to Worker's Compensation.)
NOTICE OF CANCELLATION: Prior to any material change or
cancellation,. the City of Denton will be given 30 days advance
written notice mailed to the stated address of the Certificate
Holder, City of Denton.
1. 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.
2. 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.
3. 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.
r CI - 4
`,,. ;,,
NOTICE
',
~i.•1~
~?~~
PLEASE NOTICE CHANGES IN USUAL CITY OF DENTON '~:-
SPECIFICATIONS, PAGE SC-6, SAFETY RECORD AND SUPPORT SYSTEMS
INSPECTOR. '~
I
1
,. ~
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a,
::`;;~,
BID # 7 1 04
"
._ __ _ 1
~;. `
i
~~r3;t`^
PROPOSAL
'ir+. X15 4
THE CITY OF DENTON, TEXAS ;•,
,
;,,.
~,.,
• .. i,:
;r."s'
FOR THE CONSTRUCTION OF ,
,I,.`t
,yl
e
#w,.
~ ;'~ :, is
1989 UTILITIES C.I.P. .~ ii
~`~~'
~3
,a_,
IN
.n.
DENTON, TEXAS ,->:
,; ~,, ,
The undersigned, as bidder, declares that the only person or '-~";~'~'
parties interested in this
proposal as principals are those ';
~:
!.`
named herein, that this proposal is made without collusion with ,
~<<~''-
an other
Y person, firm or corporation; that he has carefully '°`-
;':~~`;.
.
examined the form of contract, Notice to Bidders, specifications .•?:~_~~
and the plans therein referred to, and has carefully examined -~~'~Y=~:
the locations, conditions, and classes of materials of the ~'"`
proposed work and agrees that he will provide all the necessary :`,rye'
labor, machinery, tools, apparatus, and other items incidental ,
7
;
!
to construction, and will do all the work and furnish all the .
1~"`
`
materials called for in the contract and specifications in the :>-U:}
manner prescribed herein and according to the requirements of
the City as therein set forth. ~ ~;,:„;`.;
~:`
It is understood that the following quantities of work to be .::
~„
done at unit prices are approximate only, and are intended ~
~
principally to serve as a guide in evaluating bids: ;
;
,y
~.;_;±s;
~
'
it is agreed that the quantities of work to be done at unit :;
t.
.
prices and material to be furnished may be increased or ~^
diminished as may be considered necessary, in the opinion ~~
of the City, to complete the work fully as planned and ~~'"`'
contemplated, and that all quantities of work whether increased ..`''
or decreased are to be performed at the unit prices set forth ~~'~~".
below except as provided for in the specifications.' '"~`
,
It is further agreed that lump sum prices may be
increased to `~}-
cover additional work ordered by the City, but not shown on the
plans o~ required by the specifications, in accordance with the
provisions to the General Conditions. Similarly, they may be
decreased to cover deletion of work so ordered. '
It is understood and agreed that the work is to be completed in
' -
full within the number of work days shown on the bid tabulation
sheet. -,~w
P - 1
.;.;._
~a: riID#.;...1104
a.; ,
. Accompanyinq'this proposal is a certified~or cashier's check or
Bid Bond, payable to the Owner, in the amount of five percent of
the total bid.
.„x. .
~•;
It'~~is understood that the bid security accompanying this
proposal shall be returned to the bidder, unless in case of the
acceptance of the proposal, the bidder shall fail to execute a
contract and file a performance bond and a payment bond within
fifteen days after its acceptance, in which case the bid
security shall become the property of the Owner, and shall be
considered as a payment for damages due to delay and other.
inconveniences suffered by the Owner on account of, such failure.
of the bidder. Owner reserves the right to reject any and all
bids. Owner may investigate the prior performance of bidder on
other contracts, either public or private, in evaluating bid
proposals. Should bidder alter, change, or qualify any
specification of the bid, Owner may automatically disqualify
bidder.
The undersigned hereby proposes and agrees to perform all work
of whatever nature required, in strict accordance with the plans
and specifications, for the following sum or prices, to wit:
,. - -, ~:'~. _ .
1989 Utilities C.I.P.
~
~ WORR _ _,
DAYS 90 ~ +.n.
Base Bi
d (Water) BID NO. 1104
PO NO.
BID TABULATION SH EET
~
~ ~,
~
'
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE `k~2~,-
TOTAL
(Contractor's warranties
I I
,~
'=
1.21
land Understandings
I I
LS I
I $ cc
r~(~~
f /LS I
.
1 ~~~
I $ ~y ~/
I c .•
~
2.12.8-B
(Cast Iron Fittings I I
I 500 I
LB I
I $ a
/ ' /LB ~,
I
I $ SOO ~' ~'
2.12.20
16' PVC Water Line
I I I
I 11 800 I
LF I
i $
~7 ~~/LF
I $ ?GO~~•':
2.13
16' Gate Valve
I I 1
I 36 I
EA I
I $
3 ~ ~/EA I :c«,
I $ /1 o~.;y;.
'~
''
2.14 (Fire Hydrant
I I I
I 26 I
EA I
I $ CO
~,~87 ~/EA ~
I ~~
I $ 3G•
O(oa`~'~iy
2.16
(Water Service I I
I 260 I
EA I
I $ _
°~
,~$~ /EA r
~,
l
I ~%
I $ ,/v
1
i I f
~
'k,
3-A -
(Remove Concrete Pavement
I 60 I
SY
i $ cx:
l /SY I m ~;~`.1
I $ 3~u0 "'`
3-B I
(Remove Curb and Gutter
I I I
I 90 I
LF I
I $ ~
7 /LP I ~ :';
I $ t' ~~
•
5.7-B (Asphalt Patch (Type D) I I
I 1 200 i I
TON I $ ~3c,/TON I ~
I $ O7/v~•:~.;-;
5.8
16' Concrete Pavement I I
I 60 I I
SY I
$
y ~ /SY ' _
i $ l yyo ~~"'
(Barricades, warning Signs I I I - '
't
8.1 land Detours << I
~,p
~,_
I
8.2-A
(Concrete Cutb and Gutter I
I 90 I I
LF I
$ oa
~ 7 ~/LF I _ o~.,;,•.
I $ ~ 5.30
8.2-B I
I Intre9el curb I I
I 53 I I
LF I
$ cc
// '~/LF I ~=°s,`
I $ 5 ~3 `"r
I I I I ,,
8.3 16• Concrete Driveway
I I 3 I SY I $ ~/ ~~/SY I $ ~„7 ~ w`•
SP-2
i Concrete Saw Cut I I
I 330 I I
LF I
$ ~~
~ ~ /LF I oo `.~"
'~<:?'~
I $ 3,30 ,'~
I I I I I
~`
"
'
SP-10 IROCk Excavation _
~~~ _ _
11'
;
co
SP-37 I
(Excavation Protecti On I I
I 1,180 I I
LF I
$ e_
~, /LF I O ~ ,~~.
I $ ~ ~5~.._x;,
SP-39 1
IProiect Signs I I
i 4 I I
EA I
$ _
~g~ • /EA I ' U
I $ ~~.~/ ~"'
SP-40 I
(Abandon Water Line I I
I 11 I I
EA I
$ ~.
39y /EA
I ~/ ono ;
I $ ~~ 33J ~.'s~'
I
I I I
I I I
I I `ci-
I
I
I I I I I I ,'°:':f
I I I I ti`,_
I I I I I "`
I I '1 I TOTAL: 13~/`~~ /9~c
~ I
P - 3
1989 Utilities C.I.P.
Base Bid (Sewet)
r
WORK DAYS
BID N0.
PO NO.
BID TABULATION SHEET
21
Contractor's Warranties
ITY
~;,
I I I I ~ ~u I
2.12.14-A16' PVC Sanitary Sewer Pipel 400 I LP I $ I ~ /LF I $ / ~OD•
I I I i '
PVC
c
3-A (Remove Concrete Pavement I 28 I SY i $ / ~~ /SY I $ ~~~ oy
- I I I I _ -~~. I a
5.8 i
6' Concrete Pavement I
28 I
I SY I
I $ ~~,
SY I
I $ ~o ~..~.
0 r'~. ~.'"~:
7.6-A I I
14' Concrete Manhole I
6
I EA I
I $ / a
y~/ 3 %EA
I $ ~;~,
~ (,~ ~"4r
I ~ r
7.6-B I Drop Manhole I 2 I EA I $ ~ 73~ /EA I $ ~ y~~ ~:'":
I
t ,
,,,
7.6-C _
_ (Rebuild Existing Manhole I
2
i ~EA I
I $ ~_
~ sS~ /EA I
I $ co
~
~~(
~^~~~
(Barricades, warning Signs I I I > I y
u
i;'
8.1 land Detours I I LS I $ n
[ /5~~~ /LS I $ ~,
~ ~j y ~``'
SP-2 I I
(Concrete Saw Cut I
120 I
I LF I
I $ ~~,
3 /LF I
I $ m,~;t..
3~.0~
(Break into I I I I ':
`~
SP-6 (Existing Manhole I 1 I EA I $ q~.;
~~/ /EA I $ o,
I
~~19 "`~'~
SP-8 I I
(Abandon Manhole I
5
I EA
I $
Cn
~~/~ /EA
I $
~ ~i~
/ "730• "'~
I I .~~~. I ~ -`
Customer
A I
d,.
I $ ~~ ~~ /EA
$ _
a°., ,
~ c~ ~~. ..;
I •, I Go ;
EA I _O 3
I $ ~~0~/.rY/EA I
I $ _~7
L~ / ~' ~
'
I r_ I ~
EA _ M1~
I $ ~35 U /EA
II $
~ f ,~3a• o:
r.F I 4 SC. - /cF I ~ 7 ~/~~0~ •
I I I I I ~
I I I I TOTAL: I$ ~•~JO~ ~~
t
P - 4
%r
35
1104
d,;;;
•. r'
ai.i?':
':~~`.
TOTAL m
~.:~
p ~:
77 ,
,~
tr.'`
BID SUMMARY SHEET
1988 C.I.P. UTILITIES
Project Work Days
1. Base Bid (water)
Bristol Court Water Line
Wilsonwood Street Water Line
Brightwood Water Line
Longfellow Water Line
Skylark Water Line
Sun Valley Water Line
Valleyview Water Line
Sunnydale Water Line
Oriole Water Line
Bob-O-Link Water Line
Hummingbird Water Line
TOTAL
2. Base Bid (Sewer)
Austin Sanitary Sewer
Foxcroft Sanitary Sewer
Avenue C Sanitary Sewer
Stella Sanitary Sewer
TOTAL
3. TOTAL BID
tilll~ 11U4
;,.,r. ~,
~', t;..
:..,
-;:, ;
,r
~~-nr ;•:
Total Bid Price `•r ~*~~;
Rs;: _;.
~.: .
J
'~a _(;.
";.r
,~t
~ ` :Yj.
~~~(
is -
"~t''.ti L
90 ~ ~~~.7 ~ .~, '.°
ro
35 $ ~,~~~ 4; U J,
C ) `/
. J to ,.;L % `7
NOTE: The thirty-five work days for the sanitary sewer phase
of this project are not in addition to the ninety days
for the water lines. The work days for water and sewer
will begin at the same time.
_ B - 1
^~ • ~'
,;
S2 .
~C ~'r
:; .
~s
~Y~,
~~~`
*.
;{ r
;;..,.
;; 3m.
r,.P;
',•~..
.:. <s,.
;,a..
<<
4 y'I~
)~i .~.
%.; ^,
<m+'b;
t t,~ - - n ,, ~ rilU~. 11U4
~ ~
r..
,~ i
.
BID. SUMMARY
' t
~
__ _ ' f
; ,j .
TOTAL' BID PRICE IN WORDS ,,~~Q, ~„ '~~~~ _~~~
''
a
/4-1~
-~ ~n ill ~YIM-~2
~ 1.1 ~•u1 n D~ /r ~
..
~c~,.a~ _
/e~-2 L~ e.v~-
;'In`the event of the-award of a contract`to the undersigned, the
.,undersigned will furnish a performance' bond and , a payment bond,
for the full amount of the contract, to 'secure proper
compliance with the terms and provisions of they contract, to:
insure and guarantee the work until ^final completion and
acceptance, and to guarantee payment for all lawful claims for'-
labor performed and materials furnished 'in thee-(fulfillment of
the contract. . ;
'! ~ {.
`It is understood that the work ~~
proposed to be done shall be
accepted, when fully completed and finished in accordance with:i
the'~plans and specifications, to ,the satisfaction of the'.
Engineer.
.~~ ••.,:
j'
The 'undersigned certifies that the bid prices contained in this
proposal have been carefully checked, and are,~submitted .as=
correct and final. --
. ,, ~`*~~
i
` Unit and lump-sum prices as shown for each item;: listed in this
pr,oposal,'shall control over extensions. ''
r~ Aw`~
CONTRACTOR
. `< ,~~>
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'3e„~~
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h~
0~ ~ I !i>~~~
;
,
.
.
~~~.
St eet Address n
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t
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Stat I t ~dg r u
I
` e#~
Seal b
Authorization ~ ~ °~~
1~ ~~ s~ ~kkj
,,~k
~(If a
Cor oration)
p any-~
vi-~siy
, ;~ ,;,
~~+`
_~~,
~
' ~ Telephone ~ _~~ ~'r
rt`'
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ry1:1.~~ ely~~n
West American Insurance Company
1JE NorM Thnd Shur, Hemilron, Ohio Ifi01fi
BID OR PROPOSAL BOND
KNOW ALL MEN BY TF}ESE PRESENTS, That we,
ATKINS BROS. EQUIPMENT CO., INC.
(hereinafter called the Principal) as Principal, and WEST AMERICAN
INSURANCE COMPANY, a corporation organized under tl~e laws of the State
of California, with its principal office in the City of Fullerton,
California (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
(hereinafter called the Obligee) in the penal sum of FIVE PERCENT OF
TEIE GREATEST AMOUNT BID. Dollars
($5~ G.A.B. ) 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 SU(~}, that whereas, the
Principal }gas submitted the accompanying bid, dated Diay 8, 19 9p ,
for
Water & Sanitary ,Sewer Improvements - Bristol Ct.
NOW, T1lEREFORE; if the Obligee shall make any award according
to the terms of said bid and the Principal shall enter into a contract
wit}T said Obligee in accordance with the terms of said bid and give bond
for the fait}iful performance thereof within the time specified; or if
too time is specified within thirty days after the date of said award;
ur ii the Principal shall, in the case of failure to do so, itxuetmiify
t}ie 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; otherwise to remain in full
Force and virtue.
Signed, Sealed and Dated this 8th day
19 90 ,
5-137-Rev.
ATKINS BROS. EQUIPMENT CO., INC.
(~ Principal
BY ~~~ "' ~1
WEST ~ 'CAN I 1S RANCE COMPANY
By
Ray W t n Attorney-i.n-Fact
f
CERTIFIED COPY OF POWER OF ATTORNEY
REST- A11iERICAN INSURANCE CODiPANY
AOMINISTAATIVE OFFICE, HAMILTON. OHIO No. 369
~Cnutn (111 919en by U~he~r ~IYPSen19: That WEST AMERICAN INSURANCE COMPANY, in pursuance
of authority granted by Article VI, Section 1 of the By-Laws of said Company„does hereby nominate, constitute and appoint:
Ray Watson or Fonda Watson - - - - - -- - - - - - - - of Dallas, Texas - -
its true and lawful agent and attorney -in-fact. to make, execute, seal and deliver for and on its behalf as surety and as
its act and deed any and all BONDS. UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance
eYcL'fddrng ~F6wDALer, any bond(sj or undertaken s - - - - - (S ~ 04D DDS DD -) Dollars.
9( ) guaranteeing the payment of notes and in e'res [Hereon'
And the execution of such bonds or undertakings in pursuance of these presents, shall he as binding upon said Company,
as fully and amply, to all intents and purposes, as if [hey had been duly executed and acknowledged by the regularly elected
officers of the Company at its office in Hamilton, Ohio, in [hair own proper persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact.
-~!`~~MFO tlq~p`„= IN WITNESS WHEREOF, the undersigned officer of the said West American
=.,4P Aq •...r, Insurance Company has hereunto subscribed his name,and affixed the Corporate Seal of the
~ ~:
-:z M;°= said West American Insurance Company th~g of
W:--1923 o!a'- th- F r ary.~,19 88.
e.'.. I ~ ~j \ ~ //
STATE OF OHIO, l %. Asst. Secretary
COUNTY OF BUTLER f SS.
on this 8th day of February A. D. is 88 berore
the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified. cams
Thoma~~s ~ Hi lc~eb~ar~d Asst. S~cre~ar~t of WEST AMERICAN INSURANCE COMPANY. to me
persona y nown to e t e ndlvidua and o Icer esc (bed In, and who executed the preceding instrument, and he acknow-
ledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate
Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the
said Corporation.
`\a,ounmurrrr~ IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official
oo+vy!!t rtgyfOi,~ Seal at the City of Hamilton. State of Ohio, the day and year first above written.
~~V%i-• '
(signed)
~~i~•'.. r;. ~'o+`~ Notary Public in and fdi ounty o Butler, State of Ohio
2Pp t~lm• ~• .
asrwmro~ My Commission expf' es ...December. 25,. 1.991,.
This power of attorney is granted under and by authority of Article VI, Section 1 of the By-Laws of the Company, extracts
from which read:
ARTICLE VI
SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board, the President, any Vice President, a
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 a resident Vice President or a resident Assistant Secretary, or to appoint attorneys in fact for the purpose
of signing the name of the Corporation as surety or guarantor, and to execute, attach the corporate seal. acknowledge and
deliver any and all bonds. recognizances. stipulations, undertakings or other instruments of surety-ship or guarantee, and pol-
icies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereof, or to any county
or state, or any official board or boards of any county or state, or the United States of America, or to anv other political sub-
division.
This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the
Company on April 24. 1980.
RESOLVED, That the signature of any officer of the Company authorized by Article VI, Section 1, of the By-Laws to appoint
attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power
of attorney and the seal of the Company may be ammed by facsimile [o any power of attorney or copy thereof issued on behalf
of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid
and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATE ,
I, the undersigned Assistant Secretary of West American Insurance Company, do hereby certify that the foregoing power
of attorney, Article VI Section 1 of the by-laws of the Company and the above Resolution of its Board of Directors are true
andcorrect copies and are in full force and effect on this date. pp L.~~~
IN WITNESS WHEREOF, 1 have hereunto se[ my hand and the seal of the Company thisp~ day of 4t"1~ "~A. D., 19~U
- 1923 ot~_ ~ /_
[ W e 'lG4l~l~~
:7r ~- ~'`
4n~I(1IIt~\~p"~~t`
'^ma:m~n"• Aseletent Searotery
5-4300-C 8-90
CO.
May 15, 1990
City of Denton
Attn: Mr. Dave Salmon
215 East McKinney
llenton, TX 76201
RE: 1989 CIP Utilities
Dear Mr. Salmon:
TKINS
I certify that Mike Atkins is a competent person as defined
in the Federal Register, Part II, 29 CFR 1926, Occupational
Safety and Health Standards - Excavations; Final Rule, and
he will perform the duties and responsibilities of this
position on the City of Denton Contract 1989 CIP Utilities.
Thank you,
~~~
Bob Loper
Estimator
BL/sh
.f QZP~ 6~llr! I ~_
TARY~
STATE OF~~~~~ J
COUNTY OF---Q~~~
918 West 1Marsdall - Grand Prairie,7exas 75051 - 214/li4
TKINS
May 15, 1990
City of Denton
Attn: Mr. Dave Salmon
215 East A1cKinney
Denton, TX 76201
RE: 1989 CIP Utilities
Dear Mr. Salmon:
In compliance with special provision S-3 SAFETY RECORD, we
have had no record with OSHA for the past three (3) years.
This means that we have had no serious violations or willful
violations against our safety record.
Thank you,
~~ ~~~~
Bob Loper
Estimator
BL/sh
~ ~/
COUNTY OP---~/~~~~~
NOTARY
STATE OF~S`~~~p a , ~; ~ J
r
918 Wes! Marshall - Grand Prairie,7exas 75051 - 214/647-8890
~,