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1989-1352651L-3/3689 NO R q- X35 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 constructro-n--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 1007 Tri Con Services, Inc 446,797 50 1011 DBR Construction Company 79,556 00 SECTION II That the acceptance and approval of the above compet t ve i s 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 necessary written contracts for the performance of execute a IT- 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 imme atcTi ery upon its passage and approval PASSED AND APPROVED this the j kj day of OtWMA) , 1989 Y S ENS ATTEST M -rl4 /N JJNI TERS, 6T SECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY PAGE 2 DATE OCTOBER 3, 1989 CITY COUNCIL REPORT TO Mayor and members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID# 1007 - MALONE STREET DRAINAGE RECOMMENDATION We recommend this bid be awarded to the low bidder, Tri Con Services, Inc , of Garland, Texas, in the amount of $446,797 50 SUMMARY This is the second time the project has been bid We advertised and sent bid proposals to fifteen prospective bidders and received seven bids ranging from a low of $446,797 50, to a high of $525,990 00 with four bids under $500,000 00 Bid #9991, Malone Street Drainage, opened in June we received four bids with the low bid of $466,178 00 BACKGROUND Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECZED Street drainage projects and the Citizens of Denton FISCAL IMPACT Account #436-020-GO88-8808-9108 and no additional impact on the General Fund Respectfully submitted Lloyd Harrell City Manager Prepared by Name Tom D Shaw, C P M Title Assistant Purchasing Agent Approved Name Tom-D Shaw, C P M Title Assistant Purchasing Agent 017 DOC - - - - - - - - - - - - v V! n M I - - O 2 - - - - - - N O ! - - - - - - - - ~O o - D r - - - - - - - - - - 'P. o Q ' - - - M w ° w - - D r - - - - - - - - - i;7 J w D r - - - - - - - - - - in - - - m O ON r - - w 0 - - - 0 F' o a r N 1II - Fr N w D, r r - - - - - - - - - - - - - - - ~q - m Vi a o ii 0o y r in 0 0 n n 5 z A. w a, I 0 N O 00 ao I O O 0 0 I F4 O U, UL IT H p 1D n w r p a w fD H 0 O J Austin Eng 4 J.L Bertram Tri Con Services Atkins Brothers Dickerson Const. Co. ABC Utili Sunmount Corp. \ 2 0 C C z U n n S;ga35 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON ) THIS AGREEMENT, made and entered into this 4 day of OCTOBER A.D., 19 89, by and between THE CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and TRI-CON SERVICES, INC. P.O. BOX 2867, GARLAND TEXAS 75041 of the City of GARLAND , County of DALLAS 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 bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: RTDI 1007, P-0-4 9?195, MALONE STREET DRAINAGE, $446,797.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or CA-1 0044b written explanatory matter thereof, and the Specifications therefore, as prepared by THE CITY OF DENTON ENGINEERING STAFF , all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: LLOYD V. HARRELL, CITY MANAGER (SEAL) ATTEST: 7 l TRI-CON SERVICES. INC. Party the Second Part, CONTRACTOR /11 itle (SEAL) APPROVED AS TO FORM: ~-✓n M A r Ci Attorney CA-2 0044b PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON) ( KNOW ALL MEN BY THESE PRESENTS: That TRI-CON SERVICES. INC. , of the City of GARLAND County of DALLAS , and State of TEXAS as PRINCIPAL, and WEST AMERICAN INSURANCE COMPANY , as SURETY, authorised 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 an OWNER, in the penal sum of FOUR HUNDRED FORTY SIX THOUSAND SEVEN HUNDRED MINTY SEVEN NO/100)ollare 0446.797.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by' these presentas WHEREAS, the Principal has enteied into a certain written contract with the OWNER, dated the 4 day of OCTOBER , 19 89, for the construction of BID # 1077 - MALONE STREET DRAINAGE which contract is hereby referred to and made a, dpart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be voids otherwise to remain in full force and effect; PB-l PROVIDED, HOWEVER, that this bond is executed pursuant to 'the provisions of Article 5160 of. the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined-in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in 0e.&4 s2 County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plane, 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 4th day of October , 19 TRI-CON SERVICES, INC. Principal By ~te Title President WEST AMERICAN INSURANCE COMPANY Surety C)~, JW, Title Attorney-in-fact Address P. O. Box 2867 Garland, TX 75041 (SEAL) Address 6390 LBJ Frwy., Ste. 250 Dallas, Texas 75240 (SEAL) The name and address of the Resident Agent of Surety is: Watson Agency 9401 LBJ Frwy., Ste. 304 Dallas, Texas 75243 NOTE: Date of Bond must not be prior to date of Contract. PB-2 0091b CERTIFIED COPY OF POWER OF ATTORNEY WEST AMERICAN INSt ANCE COMPANY ADMINISTRATIVE OFFICE, HAMILTON, OHIO No. 369 Enont All Mtn bg 04roP Vrrornto: 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 SIX MILLION (e 6,000,000.00 Dollars, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest 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. IN WITNESS WHEREOF, the undersigned officer of the said West American !W°'`QVO,g4e~:: Insurance Company has hereunto subscribed his name,and affixed the Corporate Seal of the Isz3 said West American Insurance Company this of F r ary 19 88. 5~.~ . STATE OF OHIO, Asst. Secretary COUNTY OF BUTLER } SS. On this 8th day of February A. D. 19 88 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Thomas W. Hildebrand Asst. Secretary - - - - -of WEST AMERICAN INSURANCE COMPANY, to me personally known to be the individual and officer described 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. 4 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official `p~ #%IAL sr4 Seal at the City of Hamilton, State of Ohio, the day and year first above written. ~o;......;y (signed) Notary Public in and for o' O Butler, State of Ohio ~r?fq.......'..: oa\`JO ..DgCeRlber, 25,, 1991.... oiprrLLIRIILL,LtLpp\\ My Commission ex as 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 any other political sub- division. This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the 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 1, the undersigned Assistant Secretary of West American Insurance Company, do hereby certify that the fora'going 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 and correct copies and are in full force and effect on this date. p IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this JAIday of A. D:, 19a Q 3cW~`~' 110,P ~t 1923 ,,,Assistant Secretary S-4300-C 8.80 PAYMENT BOND STATE OF TEXAS COUNTY OF DF.NTON ) ( KNOW ALL MEN BY THESE PRESENTS: That TRI-CON SERVICES. INC. of the City of GARLMD 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 hound unto THE CITY OF DENTON , OWNER, in the penal sum of FOUR HUNDRED FORTY SIX THOUSAND SEVEN HUNDRED NINTY SEVEN AND N01100 Dollars ($446,797.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 4 day of OCTOBER 1 19 89 BIDI 1077 - MALONE STREET DRAINAGE - to which contract is hereby referred to and 'made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosection of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect;- PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB-3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect Its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 4th day of October TRI-CON SERVICES, INC_ Principal Title ?resident Address P. O. Box 2867 Garland, Texas 75041 1989 WEST AMERICAN INSURANCE COMPANY Surety Title Attorney-in-fact Address 6390 LBJ Frwy., Ste. 250 Dallas, Texas 75240 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Watson Agency 9401 LBJ Frwv Ste 304 Dallas, Texas 75243 PB-4 0092b CERTIFIED COPY OF POWER OF ATTORNEY REST AMERICAN INSURANCE COMPANY ADMINISTRATIVE OFFICE, HAMILTON, OHIO No. 369 lKnow All Men by 04PSP VYPSPnt9: 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 SIX MILLION (s 6,000,000.00 Dollars, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest 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. do„uu,un„ %P........ IN WITNESS WHEREOF, the undersigned officer of the said West American WQ..QPOy'••x~'~= Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the "i 4>^'~e said West American Insurance Company this of 0/ " „19 _ 1923 0'9= ' th~' F / % Ir,c NN1~,. . V L11 'j 1 : STATE OF OHIO, Asst. Secretary COUNTY OF BUTLER } SS. On this 8th day of February A. D. 19 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Thomas W. Hildebrand Asst. Secretary - - - - -of WEST AMERICAN INSURANCE COMPANY. to me personally known to be the individual and officer described 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. i,,,iou"', IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official \u\'tl styy Seal at the City of Hamilton, State of Ohio, the day and year first above written. % (signed) v~-yal, %eo.`• > Notary Public in and fd ounty o Butler, State of Ohio H~ liStt:%~0`~C o, MaAlnMy Commission expo' 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 any other political sub- division. This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the 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 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 of its Board of Directors are true and correct copies and are in full force and effect on this date. pp _ IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this-N-day of fior_A. D., 19_,f~ ~:`~PM IfN5~R4y, 1923 v: .Assistant Secretary S-4300-C 6-80 MAINTENANCE BOND STATE OF TEXAS COUNTY OF DENTON ) KNOW ALL MEN BY THESE PRESENTS: THAT TRI-CON SERVICES, INC. as Principal, and WE T AM 1IMPANY a Corporation aut oriied, to do uainesa in the State of Texas, as Surety, do ereby 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 FORTY FOUR THOUSAND SIX HUNDRED SEVENTY NINE AND NO /100 Dollars 44_679_00 , 10% of tie tote amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assaigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said TRI-CON SERVICES, INC. has this day entered into a written contract with t Re said City of Denton to build and construct RTD# Tnn7 MATl1NF STRFFT TIRATNA(`F which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, and: WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may, become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out'of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain maid improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. MB-1 0093b NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF the said TRI-COPT SERVICES INC. as Contractor and Principal, s caused these presents to be executed by JOE GIPSON, PRESID and the said WEST AMERICAN INSURANCE COMPANY as surety, has caused these presents to be executed by iti Ray Watson and the said Attorney-in-Fact this4TH day of October • , 19_$2• SURETY: WEST AMERICA INSURANCE COMPANY BY: r Attorney-in-Fact PRINCIPAL: has hereunto set Ids -band TRI- N E E HB-2 0093b CERTIFIED COPY OF POWER OF ATTORNEY WEST AMERICAN INSURANCE COMPANY ADMINISTRATIVE OFFICE, HAMILTON, OHIO No. 369 IKUVW All Men fill GIIPHP preopltt9: 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 SIX MILLION (s 6 ,000,000.00-(Dollars, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest 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. ~ax'iusUq IN WITNESS WHEREOF, the undersigned officer of the said West American '..`Q qyInsurance Company has hereunto subscribed his name,and affixed the Corporate Seal of the of F ar\r „19 88. said West American Insurance Company this '8ih'',_ day 5 1923 0'92 , ~t, X0 ' "%~',rr ~r OAY\y,.."• . STATE of OHIO, Asst. Secretary COUNTY OF BUTLER } SS. On this 8th day of February A. D. 19 88 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Thomas W. Hildebrand Asst. Secretary - - -of WEST AMERICAN INSURANCE COMPANY. to me personally known to be the individual and officer described 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. ~aaonnnm„rrr[' IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official `v. o~d,IAL styy Seal at the City of Hamilton, State of Ohio, the day and year first above written. 5 \\~W~~~` (signed) a Notary Public in and f6r ounty o Butler, State of Ohio 25 1991 ~O1/,74ruGUMA"p0\ My Commission expl s December. 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 any other political sub- division. This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the 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 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 and correct copies and are in full force and effect on this date. / IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this-//-//, day of A.-D., 19D-ry IET.oQ.Pa9y y$. 1923 2~} ~ c Assistant Secretary S-4300-C 6-90 INSURANCE The Contractor is fully responsible for all losses pertaining to, resulting from, or connected with the completion of this contract. The owners acceptance of a Certificate of Insurance, that does not comply with the bid or contract documents, does not release the contractor or the insurance company from any liability, conditions or other requirements within the scope of this contract documents. It is the responsibility of the Contractor to send this complete insurance package to his insurance provider. This will enable the policies and the Certificate to include all requirements as they apply to the Contract documents. The Insurance Certificates must be returned to the City of Denton with the Contract documents for approval and execution. All Contract documents must be returned to the CITY OF DENTON, JOHN MARSHALL, PURCHASING AGENT, 901-B TEXAS STREET, DENTON, TEXAS 76201. CI-0 CITY OF DENTON INSURANCE MINIMUM REQUIREMENTS INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the 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 protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: o A combined single limit of $500,000. 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 Contract shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the owner and written notice of that fact has been issued by the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self-insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the owner has reviewed and approved the insurance certificates and so notified the Contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI - 2 J 1 IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS ,YO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, ISSUE DATE OF THIS CERTIFICATE EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SHOULD ANY OF THE POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, October 24, THE ISSUING COMPANY WILL MAIL 'in DAYS WRITTEN NOTICE TO THE CER- ISSUED AT TIFICATE HOLDER NAMED: Dallas Texas HOLDER CERTIFICATE t~ TEXAS EMPLOYERS' INSURANCE ASSN. • DALLAS, TX City of Denton DQ TEXAS EMPLOYERS INDEMNITY CO. • DALLAS, TX 901B Texas Street 2❑ EMPLOYERS CASUALTY COMPANY - DALLAS, TX Denton, Texas 76201 3❑ EMPLOYERS NATIONAL INSURANCE CO. • DALLAS, TX 7❑ EMPLOYERS CASUALTY CORPORATION • DALLAS, TX ® EMPLOYERS NATIONAL INS. CORP. • DALLAS, TX INSURED E❑ EMPLOYERS OF TEXAS LLOYD'S • DALLAS, TX Tri-Cou Services, Inc. 3010 Main Street Authorized Representative Rowlett, Texas 75088 (Signed) rYPed)Jeff Anthony, District Marketing Manager THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTR ACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES D ESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CON01- TIONS OF SUCH POLICIES. TYPE OF INSURANCE PCO,O. POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YYI POLICY EXPIRATION DATE IMMMDIVY) ALL LIMITS IN THOUSANDS STATUTORY WORKERS' COMPENMTNNI $ 500 E.r~ACaoEKn AND 1 WC-13130 7-1-89 7-1-90 i 500 ionfUSE-EACH EMPLOYER EMPLOYERS'LIABILITY 1$ 500 IGSEAEHOUCY LIMIT) GEN ERAL LIABRITY GENERAL AGGREGATE $ 2.000 ' COMMERCIAL GENERAL LABILITY PRODUCTS CDMPWS AGGREGATE $ 2 000 wm ❑X OuuRIENG E TC -E418499 12-10-88 12-10-89 PERSONAL L ADVERTISING-INJURY s OWNERS S OOYfRACIM PAMCM EACH OCCURRENCE s FIRE DAMAGE (ANY ONE FIRE) $ MEDICAL EXPENSE (ANY ONE PERSON) $ AU TOMOBILE LWIUTY ANY AUTO CSL s ALL OWNED AUTOS 2 BAA.603768 12-10-88 12-10-89 WON SCHEDULED AUTOS PEA NOW $ HIRED AUTOS LxA Yi' NON-OWNED AUTOS (PEA DE $ GARAGE LMBUTY PROPERTY OWNS I $ EXCESS LIABILITY OCCUEN NOE ADacwn s s OTHER THAN UMIAELLA FORM OTHER Certificate Holder is shown as Additional Insured on TC-0 and BAA policies. Job: Malone Street Drainage TECO 17993-B (3-89) 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. CI - 4 CITY Up DENTON PURCHASING DEPARTMENT DATE: 6 n2/nq BID NUMBER: OW 1007-- BID TITLE: L989 T MALON STREET DRAINAGE Sealed Bid Proposals will be received until 2-00 p.m. JUNE 22, 1989 at the Office of the Purchasing Agent 901-B Texas Street, Denton, Texas 76201-4229. BIDDER NAME: TAI-CON SERVICES INC. ADDRESS: P.O. Box 286? Garland, Texas 75041 John J. Marshall, C.P.M. Purchasing Agent C0 (817) 566-8311 9 YY INSTRUCTIONS TO BIDDERS 1. Sealed bid proposals must be received in duplicate. on this corm, prior to opening da(t~ a {T`to be considered. Late proposals will be returned unopened. Q~ 2 Bids shall be plainly marked as to the bid number. name of the bid. and bid opening date on the outside of completely sealed envelope, and mailed or delivered to the Purchasing Department. City of Denton. 901.8 Texas St.. Denton, TX 76201. 3. Any submitted article deviating from the specifications must be identified and have full descriptive data accompanying same, or it will not be considered. 4. All materials are to be quoted FOB Denton. Texas, delivered to the floor of the warehouse, or as otherwise indicated. 5. The City of Denton, Texas reserves the right to accept separate items in a bid unless this right is denied by the bidder. a. In case of default after bid acceptance, the City of Denton. Texas may at its option hold the accepted bidder or contractor liable for arty and all resultant increased costs as a penalty for such default. 7. The City of Denton reserves the right to reject any and all bids, to waive all informalities and require that submitted bids remain in force for a sixty (tom day period after opening or until award is made: whichever comes first. 8. The quantities shown maybe approximate and could vary according to the requirements of the City of Denton throughout the contract period. 9. The items are to be priced each net. (Packaging or shipping quantities will be considered.) 10. The Purchasing Department assumes responsibility for the correctness and clarity of this bid. and all Information and/or questions pertaining to this bid shall be directed to the City of Denton Purchasing Agent. 11. Any attempt to negotiate or give Information on the contents of this bid with the City of Denton or its representatives prior to award shall be Bounds for disqualifications. 12. The conditions and terms of this bid will be considered when evaluating for award. 13. The City of Denton is exempt from all sales and excise taxes. (Article 20.04.8) BID # 1007-- PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF MALONE STREET DRAINAGE IN 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 any other 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 the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the 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. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the 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 or 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. P - 1 BID MW 007- Accompanying 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. 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 bon other contracts, either public or private, in evaluating d proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby propose's 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: P - 2 W R~C DAYS 50 i 1 O YD NO. Vff Balone Street Drainage PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL (Contractors warranties I I I 00 1 00 1.21 land understandings I I Ls I $ 10,000 /LS 1 $ 10,000 lBarricades, warning signs I 1 I 00 1 o.y 8.1 land detours I I LS 1 $10,000 AS I $ 14000 SP-39 I (Project signs I I 1 2 1 I EA 1 az $ 400 /EA I 1 $ 00 $00 SP-10 I (Rock excavation I I I 50 I I CY I OQ $ 15 /Cy I I $ o0 7 50 3-A 1 lRemove concrete pavement I I I 3 I I BY I e0 $ 20- /SY I 1$ oo GO lRemove concrete curb I I I p0 I 0o 3-B land gutter 1 545 I LF I $ 2 /LF I $ I,O 40 lRemove concrete driveway 1 I I 09 I 00 3-C land sidewalk 1 67 I SY I $ 10 /BY I$ 610 SP-42.A lRemove concrete inlet 1 4 1 EA I $ 300' /EA I $ 1,200 12" asphalt pavement I 1 I 00 1 on 5.7-D 1(type D patch) 1 500 1 TON 1 $40- /TON 1 $ 20,000 - I I I I 00 1 00 8.2-A (Concrete curb and gutter 1 110 1 LF 1 $ 10 /LF I $ 1,100-_ I I I I 0g 00 5.8-A 16" concrete flatwork I 3 1 SY 1 $4-0 /Sy I $ 120 8.3-A I I 14" concrete sidewalk I 34 1 1 1 SY 1 0o $ 35 - /Sy I I $ o0_ 1190 8.3-B I 1 16" concrete driveway I 27 I 1 1 SY 1 00 $ 40 /SY I I $ 0o 1,030 I I I 1 00 I 00 SP-4 (Lower waterlines I 16 1 EA 1 $ 1,000 /EA 1 $ 16,000 SP-2 1 I (Concrete saw cut 1 170 1 1 1 LF 1 00 $ Z - /LF 1 1 $ eo 39-0 I I 1 1 09 I 0o SP-27.A (Adjust water service I 2 1 EA 1 $ 300 /EA I $ 6 00 I I I I Qs I W SP-27.B (Adjust sewer service I 2 1 EA I $ 300 /EA I $ 600 2.12.3-A 1 I 118" Class III RCP I 445 1 1 1 LF 1 00 $ 30- /LF I 1 $ oo 13,350^ I I I 1 P-Q 1 00 2.12.3-B 118" Class IV RCP I 34 I LF i $32 /LF 1 $ 1,099- 2.12.3-C I I 121" Class III RCP I 54 I I I LF 1 00 $ 97 _ /LF I I $ o0 1,993 2.12.3-D I I 124" Class III RCP I 855 I 1 1 LF 1 00 $ 40 /LF 1 1 $ 00 34,200 I I I I 00 oo 2.12.3-E 124" Class IV RCP I 70 1 LF I _ $42 /LF 1 $ 2,940 I I I I no I uo 2.12.3-F 130" Class III RCP I 380 1 LF I $4(._ /LF 1 $ 1-7,4BO P - 3 Malone Street Drainage BID TABULATION SHEET WORK DAYS 50 BID NO. Q PO NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 2.12.3-G 136" Class III RCP 1 245 1 LF I $ 6 Ooq / LF I $ 14,100 I I I I 50 I o0 V 2.12.3-H 142" Class III RCP 1 2,438 1 LF 1 $ 60 /LF 1 $ 14-7,4`9 2.12.3-1 I 148" Class III RCP I I 1 884 1 I LF 1 $ Op 75 _ / LF 1 1 $ 00 66,300- 15' x 5' Junction Box I I I to 1 00 7.6.A-1 land Cover 1 6 1 EA I $ ) 500 /EA 1 $ c)000 _ 18' x 5' Junction BOX I I 1 ou I 00 . 7.6.A-2 land Cover I 1 I EA 1 $ c',500 EA I $ 2, 500 _ 16' x 10' Junction Box I I I 0Q 1 00 7.6.A-3 land Cover I 1 I EA I $ 3,500-/ EA 1 $ 3,500 15' x 14' Junction Box I 1 ( {i0 I 00 7.6.A-4 land Cover I 1 1 EA I 1 / 4-, 000 EA I $ 4,000"- 110' x 10' Junction Box I I I 00 1 00 7.6.A-5 land Cover I 2 1 EA I $ 5,000 / EA 1 $ I0,000 I I 1 I 00 1 06 7.6.A76 14' Curb Inlet I 1 1 EA 1 $ 1,000 EA 1 $ 1,000 7.6.A-7 I 16' Curb Inlet I I I 3 1 I EA 1 oo $ 1200 / EA I I $ o0 3,600 7 6 A-8 I 18' Curb Inlet I I I 4 1 EA 1 I $ 00 1, 500'-/ EA I I $ 00 6, OU0 - 7.6.A-9 I 110' Curb Inlet I I I 6 1 I EA 1 $ 0Q 1,700 / EA I 1 $ e0 10,200- 7.6.A-10 I 16' Curb Inlet (Type I) I I ( 4 1 EA I 1 $ 00 ( 400 / EA 1 I $ 00 5,600 7.6.A-11 1 18' Curb Inlet (Type I) I 1 I 3 1 I EA I $1,7000/EA 1 1 $ 00 .5,i00 7.6.A-12 I 110' Curb Inlet (Type I) I I I 4 I I EA 1 $ WL 21000 / EA I I $ o0 8,000 2 11 5 l Inlet Frame and Cover I 22 I EA I $ 1000 / EA I $ 2,200 IRemove Wingwalls and I I I oQ I Do SP-42.B (Headwalls I I LS I $ 3,000 / LS I $ 3,000 (Relocate Playground I I I ou I 00 SP-43 IEguipment I I LS I $ 3 00 / LS I $ 3 00 IMiscellaneous Sprinkler I I 1 °o 500 I c~°- 5O SP 44 ISystem Adjustments I I LS I $ / LS I $ I I 1 I 50 I S0 3 10 7 IHydromulch 1 1,165 1 SY I $ 0 _/SY I$ 58 z 8.15 I (Concrete Rip Rap I I I 14 1 I BY I $ OD 4-0 / SY I I $ Q° 56° I _ G00~ 3 I I $ o0 3 000 SP 40 (Rebuild Grate Inlet I I LS I $ / , LS , (Break into Existing I I I OQ I o~ - SP 31 (Concrete Structure I 3 I EA I $ 500 / EA 1 $ S, 600 P - 4 Malone`Street Drainage BID TABULATION SHEET WORK DAYS 50 BID NO. JM 0 C11 PO NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL I I I 1 00 1 00 3.9 ISod 1 100 1 SY 1 $ /SY I $ 500 I I I I I o0 SP-37 (Excavation Protection I I LS 1 $ 1,0000-/LS 1 $ 1 000- I I I I I I I I I TOTAL I$ 446, -797 I I I I I so I I I I I I I I I I I I I I * This item may replace 3 10 7 (Hydromulch) I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I P - 5 1 0 O$jn..d. TOTAL BID PRICE IN BID SUMMARY 1 0 0 7 e0le ,SV- Af l,'~t ra In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. CONTRA OR BY tv Street Address 1I City and State Seal & Authorization (If a Corporation) Telephone B - 1 DATE OCTOBER 3, 1989 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM Lloyd V Harrell, City Manager SUBJECT BID# 1011 - DENIA PARK IMPROVEMENTS RECOMMENDATION We recommend this bid be awarded to the lowest bidder, DBR Construction Company, in the total amount of $79,556 00, with construction completion in 120-days SUMMARY This bid in for the fencing, dirt work, and concrete paving associated with the Denia Park Athletic Field Renovation Five bidders responded to the request prepared by Teague, Nall and Perkins Consulting Engineers/J T Dunkin and Associates The bid of DBR Construction Company is $4,785 00 lower than the combination of the other bidders lowest prices BACKGROUND Tabulation Sheet, Memo from Robert Tickner, Superintendent of Parks PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Recreation Facilities FISCAL IMPACT Funds for this purchase are available from Athletic Field Funds #436-031-GO88-8703 Respectfully submitted Lloyd Harrel City Manager Prepared by Name Tom D Shaw, C P M Title Assistant Purchasing Agent A roved Name Tom D Shaw, C P M Title Assistant Purchasing Agent 017 DOC CITY of DENTON, TEXAS Civic Center/ 321 E McKinney/ Denton, TX 7620 M E M O R A N D U M m o e a o m v v e a TO John Marshall, Purchasing Agent FROM Bob Tickner, Superintendent of Parks DATE September 25, 1989 SUBJECT Recommendation on Bid #1011, Denia Park We have reviewed the bids received on Bid #1011, Denis Park Athletic Field Renovation. Bids were received from five bidders on three sections for the project As the lowest and best bid for the City, it is our recommendation that all three sections be awarded to DBR Construction, Denton, Texas, at $79,556 This is a savings of $4,758 from the next lowest bidders Additional advantages to awarding all three parts to DBR is the project will be bonded by a performance bond as well as savings in contract administration and coordination will be realized using one contractor Please advise if you have any questions or need additional information We look forward to getting this capital improvement project started. l Robert K. Tickner PARKS065 el I~ ~uza/ta~ 4"1" Denton Parks and Recreation / Denton, Texas / (817) 888-8470 1 2, C) a) Ls) I H~ Z I -C 1 ~1 1 1 _ _ 1 ~ I MF YJ) Cf m m m i i a~ n n m -1 a n C) Q p g 9) y y~~ 8) N N~ rl S I I 2 r) ..1 r ~i a i i m z a) r rn rn ~ ~ i i s cn ~ o n) 7 I ~ 1 I - S~ Y 181 n I Zf rR 1 1 1 I I ~L I I I 1 1 1 n~ T _ W ) N (,1 T r !ii U N ~ 1 Y Y~! 1 IJ 8f Cf Al Cf 1~ U W ~M V 1 O I ro N 9 O- r [L .O +11 19 1 C I 9 I I ' _ 1 I i x N I'n S i z i ~ m ~ I 1 ~ v! V 1 S 1 S nl Cf .p 1 4 1 T .'tl fJ) S 1 G I .il v ~ I S ) ~il ~ ~ I i I n _ _ I 1 iY) N r) m . O ~ ~1 i cf v is m i ~ c i ~ N I I +C O Iy ® ~ 1 I I S - I I _ n 0 N m il c w ~ a i n1 Ymif ~ YYJJ11 tl)) N i ~ ~ v ~ I ~ S U N I I 9' y ® - I 1 I 1 I I Y.O T 1 4 1 Pi ~ y r - ~ I C ~ 41 1 T I ~1 U -1 f9 ~ 1 'JO 1 1 < I~ yC STATE OF TEXAS ) COUNTY OF DENTON ) CONTRACT AGREEMENT E? -/,35 THIS AGREEMENT, made and entered into this 4 day of OCTOBER A.D., 19_8_9 , by and between THE CITY OF DENTON _ of the County of DENTON and State of Texas, acting through I.T.OYD V- HARRF.t i thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and DON RICHARDS d a DBR CONSTRUCTION COMPANY' 521 N LOCUST P.O. BOX 828, DENTON of the City of DENTON , County of DEN TON and state of TFXAR , 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 bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: _BID_# 1011 - DF.NTA PARKS IMPROVEMENTS 2_0_4 9-41R6 - $79 SSf, nn and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence; labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or CA-1 0044b written explanatory matter thereof, and the Specifications therefore, as prepared by THE CTTY OF DENTON ENGINEERING DEPARTMENT , all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: 77 r` C dl 1 CITY SECRETARY ~a ltd^v.__` ~v~? Party of ,be First t, Ol LLOYD V. HARRELL, CITY MANAGER (SEAL) ATTEST: APPROVED AS TO FORM: y Attorney CA-2 DON RICHARDS dba DBR CONSTRUCTION CO. Party of t e Secon a , CONTRACTOR By ,T, i'tle r ~ (SEAL) 0044b PERFORMANCE BOND STATE OF TEKAS BOND NO. 840990-89 COUNTY OF nFNTnN)( KNOW ALL HEN BY THESE PRESENTS: That DRR Construction Co. , of the City of Denton County of Denton , and State of Texas as PRINCIPAL, and Tnternatinnal Firlalit)z Tncnranna (7=ny , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON TEXAS as OWNER, in the penal sum of SFVF.NTV NINE THONSAND FTV F. HNNDRRD FTFTV STX AND NO/100 Dollars 7q,r,q(,_nn ) for the payment whereof, the said Principal and Surety bind themselvea and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 4 day of OCTOBER , 19 89 , for the construction of DENTA PARKS IMPROVEMENTS which contract is hereby referred to and made a dpart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-1 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 11th day of October , 19 89. DBR Construction Company Principal DON RIC DS d Da BR CONSTRUCTION By Title President COMPANY Surety CO_ ~ Cheryl L~ Hurrphrey Title Attorney-in-Fact Address 521 N. Locust P.O. Box 828 Denton, Texas 76202 Address 24 Conrrerce Street of the Resident Agent of Surety is: (SEAL) *a t U ~y i~ 101 E. Park Blvd. #1021, Plano, Tx 75074 NOTE: Date of Bond must not be prior to date of Contract. PB-2 0091b PAYMENT BOND STATE OF TEXAS BOND NO. 840990-89 COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That DBR Construction Co. of the City of Denton County of Denton , and State of Texas , as principal, and International Fidelity Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto THE. CITY OF DENTON TEXAS OWNER, in the penal sum of $F.V .NT NTN . THOUSAND FIVE HUNDRED FIFTY SIX AND NO1100 Dollars ($_-1-9,556.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators;"executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 4 day of OCTOBER , 19 89 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosection of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB-3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 11th day of October , 19 89 DBR Construction Company Principal A DON RIC DS db -C6NSTRf/7CTION BY Title President TNTERNATTONAT, FTT)RT.rU IU-MLNM COMPANY Surety CO. L Che i Himg)hrey Title Attorney-in-Fact Address 521 N. Locust P.O. Box 828 Denton, Texas 76202 Address 24 Conuerce Street Newark, NJ 07102 ~y ,c o (SEAL) M; A, The'name`and'-ad-dress of the Resident Agent of Surety is: 4 V. R_.` miaho, Jr. 101 E. Park Blvd. #1021, Plano, TX 75074 PB-4 w y ~t 0092b MAINTENANCE BOND STATE OF TEXAS COUNTY OF DENTON BOND NO. 840990-89 KNOW ALL MEN BY THESE PRESENTS: THAT DBR Construction Cbmpan)z as Principal, and Tnternational Fidelity Tn it n e ny 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 EN THOUSAN~N, HUNDRED FTFTY FIVE AND NO/100 Dollars 7.955.00 , lOX of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said nRR Construction Cn. has this day entered into a written contract with the said City of Denton to build and construct BID# 1011 - DENIA PARK 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 incorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, and: WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. HB-1 0093b NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF the said DBR Construction Co. as Contractor and Principal, has caused these presents to be executed by international Fidelity Insurance Corryany and the said Tnternat;onal F;d li y Insurance Ccxnoanv as surety, has caused these presents to be executed by its Attorney-in-Fact and the said Attorney-in-Fact has hereunto set F is hand t s -JZthday of c~ -tcher , 19 g9' . SURETY: PRINCIPAL: international Fidelity CO. Hi,m~h ev Don Richards` c in Fact President 6 tC 4 MB-2 0093b TEL. (201) 624-7200 POWER-;OF ATTORNEY - - - INTERNATIONAL 'FIDELITY -INSURANCE COMPANY HOME OFFICE: 24 COMMERCE STREET - NEWARK, NEW JERSEY 07102 BOND NO. 840990_89 - KNOW ALL MEN BY THESE PRESENTS. That INTERNATIONAL FIDELITY INSURANCE -COMP ANY„a corporation organizedand existing under the laws of the State of New Jersey, and having,its principal-,office in the City.of Newark, New Jersey, does hereby constitute and appoint V.R.'DAMIANO, JR., BETTY J. DAMI'ANO, CHERYL L. HUMPHREY, SHANE ALLEN HUMPHREY PLANO, TEXAS 6-89 its true and lawful attomey(s)-m -fact to execute, seal and deliver for and on its behalf as sure tyany and all bonds and undertakings contracts of indemnity and other writings obligatory in the nature thereof which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instmmerms) in pursuance of these presents, shall be as binding upon the said -INTERNATIONAL' FIDELITY, INSURANCE COMPANY, as fully and amply; to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. - This Power of Attorney is executed, and maybe certified to and maybe revoked, pursuant to and by authority of Anicle2,-Section 3, of the By Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 23 rd day of December, 1968. The President or any Vice President, Executive Vice President, Secretary or Assistant. Secretary, shall have power and. authority (1) To appoint Attorneys-m-fact. and to authorize them to execute on behalf of the Company, and attach the.Seal of the Company thereto. bonds and undertakings, contracts of indemnity and other writings obligatorylin the nature thereof and, - - - (2) To remove, at anytime, any such Attorney in-fact and revoke the authority given. - Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly - called and held on the 4th day of February, 1975 of which the following is a true excerpt - Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of altomey'or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be validand binding upon the Company in the future with respect to - any bond or undertaking to which it is attached. - - - IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be. affixed by its authorized officer, this 1st day of May.-AD.-1986. INTERNATIONAL FIDELITY INSURANCE COMPANY ' $M . i ` 1 !ff -STATE of NEW JERSEY f~• o County of Essex ' • Executive Vice President -On this I st day of May 1986; before me came the individual who executed the preceding instrument to me personally known, and, being by me duly-sworn, i. said that he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixedto'said - ' instrument is the Corporate Sealof said Company; that the said Corporate Seal and his signature. were duly affixed by order of the Board of Directors of said Company. 6q~"'ti4 IN TESTIMONY WHEREOF. 1 have hereunto set my hand and affixed my Official Seal, -77 r~ at the City of Newark, New Jersey the day and year first above written. _ ~t M ot~ Q r P U. g Ci ANOTARY PUBLIC OF NEW JERSEY LI My Commission Expires April 28, 1992 44-1 7 ,ERS,xx~ - kT FICATION I, the undersigned officer of INTERNATIONAL FIDELIT,,ZNs AANCE:COM ANY do hereby certify that l have compared the foregoing copy of the -PoweroCAttorney and affidavit and the copy oRhe Section of{he B'*L ofsaAmnpany asset forth in said PowerofAltomey,with[heORIGINALSON - FILE IN THE HOME OFFICE OF SAID COMPANY, and taat_th_e sameare cofr ci tra ^cripts thereof, aand of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full farce aan~nyyd died i& 'q(C 1989 IN TESTIMONY- WHEREOF, I have hereunto set my han&thj 11, w of ~ INSURANCE The Contractor is fully responsible for all losses pertaining to, resulting from, or connected with the completion of this contract. The owners acceptance of a Certificate of Insurance, that does not comply with the bid or contract documents, does not release the contractor or the insurance company from any liability, conditions or other requirements within the scope of this contract documents. It is the responsibility of the Contractor to send this complete insurance package to his insurance provider. This will enable the policies and the Certificate to include all requirements as-they apply to the Contract documents. The Insurance Certificates must be returned to the City of Denton with the Contract documents for approval and execution. All Contract documents must be returned to the CITY OF DENTON, JOAN MARSHALL, PURCHASING AGENT, 901-B TEXAS STREET, DENTON, TEXAS 76201. CI-0 CITY OF DENTON MINIMUM INSURANCE REQUIREMENTS INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the 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 protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: o A combined single limit of $500,000 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 Insurance Requirements page two To the extent that 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 M 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. Contract shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for. operation by the Owner and written notice of that fact has been issued by the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contactor. . Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self-insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the Owner has reviewed and approved the insurance certificates and so notified the contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI-2 01/13/87 ° u SSUEhDATE (MMIDD/VY)Z k, ac/lian °CERTIFICATE°OF INSURANCE": 4 Ll -„..w ink" - '.10/271 89--- PRODUCER ( THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Ramey King & Minnis - NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, 707 First State Bank Bldg. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW - Denton, Texas 76201. I COMPANIES AFFORDING COVERAGE . 1 COMPANY A CODE SUB-CODE LETTER ~ Trinity Universal ~ COMPANY B INSURED LETTER I Houston General DBR Construction COMPANY RECEIVE .Company LETTER C- o rdo _ _ V-t-1999---- - P.O. BOX 828 I COMPANY D Denton, Tx. 76202 LETTER ' COMPANY E LETTER COVERAGESx c:,`,h'' s' fsw°.>' z r.3 <~};ws-* ;lyc•rl: = ti~Y,"*ys 2?•'-:" txa Ka« I ~ y N F /£xK°.}...I a.m1•C iSfA+:: i ~J"43r° u~SfiY.{.NJ . - t § I'll ~r'.4d ' "':E I i. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN -ISSUBJEGT-TO ALL-THE-TERMS;-- EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COI TYPE OF INSURANCE POLICY NUMBER - POLICY EFFECTIVE' POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR ; DATE (MM/DD/YY) ( DATE (MMIDD/YY) i GENERAL LIABILITY GENERAL AGGREGATE is 1,000 A 3 X COMMERCIAL GENERAL LIABILITY GL7449385 - 4/17/89 ( 4/17/90 _ PRODUCTSCOMP/OPS AGGREGATE 5-1,000 41 I CLAIMS MADd x OCCURS ! 44"" _ PERSONAL d ADVERTISING INJURY S SQQ ~ OWNER'S A CONTRACTOR'S PROT I EACH OCCURRENCE 5QQ^ i I FIRE DAMAGE (Any one lire) f 5Q MEDICAL EXPENSE (Any one person)! f 5 AUTOMOBILE LIABILITY - A ' x ANY AUTO TCA6413799 - 4/17/89 4/17/90 COMBINED7x {3 z SINGLE S t5- a x LIMIT 1 1 000 } ' - , - --I---.~ rr < ' - X ALL OWNED AUTOS BODILY A .y" Aw INJURY S T` Y r i X SCHEDULED AUTOS - - ( t (Per person) ✓v-? tf 1 F Y HIRED AUTOS -X- I BODILY'}r'*I I (INJURY If °f✓n3 a"A 2 V X NON OWNED AUTOS M', (Per aCmdtl }t" 4 SI Y ni r GARAGE LIABILITY _ PROPERTV~ t f DAMAGE f r~ y~ t I EXCESS LIABILITY ~Yw:li. : 4T EACH AGGREGATE SCCURRENCE I f I OTHER THAN UMBRELLA FORM S - WORKER'S COMPENSATION I - I i i i _ STATUTORY _L I~ r } r S 100 (EACH ACCIDENT) ' B AND I 05TWC1013995 4/6/89 ! 4/6/90 i --r----- S 500 (DISEASE-POLICY.LIMIT) EMPLOYERS' LIABILITY ~ I r-- ' $ L 100 (DISEASE-EACH EMPLOYEE - I OTHER i - I - L DESCRIPTION OF OPERATIONS/LOCATIONSRIEHICLES/RESTRICTIONS/SPECIAL ITEMS City of Denton Additional Insured CERTIFICATErHOIDER!;')"=^ ' x s:x.. S,vrF tom" u x . 'h'•+.. ,~..y:W,". CANCELLATION. ',',n 3,.v'.,;, .,u "`:"":'.~?>y„r~, .c ky W c s: .>z...r,.~,.....,..._..d.,,,.,..... City of Denton - Purchasing Division , . . . . . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 30 John J. Marshall, G.P.M. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE MAIL 901B Texas St.- LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Denton, Tx. 76201 - LIABILITY OF ANY KIND UPON T CO P N IT TS OR REPRESENTATIVES. AUTNOflIZED flEPRESENTATIVE ~ Ramey King & ~ ,~;i r'~" ACORD 25 S (3f88);~,~ ~ FiDCORPORATION 1988 c - t ' I r , r } , } S CONDITIONS Am17TIIiAL W>H4D: the City d DB1Qn, its elxted and appointed Cfflcials, afYYoets and.emplvyses. (Tbis.dow mt apply. to ilodum.,'s Ccmpmsattm-) i ; N0MM OF CANCELIMMM: Prig to any material or canoellatlm, the city or Denbm wiU be given 30 daps advaloe bitten mute mailed to the stated add<ess of the Certificate Holder, City of Deatm:.: - ,t CCRMACIUPAL CMWtAW- (Ugbility aesaoed by omtract cr aMT5m at, and la]dd not othendse e>dat): The amtracbsl liability re4dremmt'staa m the ; a tevese side af: this CetifYtahe d.7na.z..P UadM. QMPThasive General > Liability, oast include a definitim of Covs-4p broad •~gh to povide IMP. oousage fbr obli&ltl= aased by the omttmctrr in the refamced omtzact- This Cartificabe of Instre oe . is prarided. as. required. by::.the . gveadrg oat:act. 2---CL4IlS MILE Pains Fa% Pawired period d axergp vtu be debandnad by the r' fhLladrg familx Ctaltinaas ooue- fkr the life.cf the omtract, pile we Yea' (to provide owa-EW for the malty period), and a ezbe[tied dL9o7.e7 period fbr a mirrion of 5 yeas QAch stall begin at - the end cf, the wacravty period- = 3- F3Ht3 IEMI. LIAMM.- (andred in all ®tracts that inwive .the ooo.>pBMTI ' cm3tnlctim or alteatlm or City-aped cr Ieasad fhcilitLM). Ir XMM is, to rove' ' buildii$9, a mb®t9 (w hem Wienh] and. peimmeaUy instal led - ~ ecF ipmeat with to playa ty dam' to sixxxtu v ss or patios of 'J stIl>Ct1aCq 1f a1Ch is CSHBd by the peril Cf file aad dE to the 4 ' glecatlms of. fhe om tractur.; Limit or liabiuty is bo be a mimmm of X600,000. : - . ~.1 - . Q-4 CITY OF DENTON PURCHASING DEPARTMENT DATE: September 14, 1989 BID NUMBER: 1011 BID TITLE: Denia Park Recreation Sealed Bid Proposals will be received until 2:00 p.m. September 14, 1989 at the Office of the Purchasing Agent 901-B Texas Street, Denton, Texas 76201-4229. BIDDER NAME: D {3 ~oy('&tkjrbb ok CO ADDRESS : H L o N 0 5f-,. y' t5oxR~7 B John J. Marshall, C.P.M. Purchasing Agent (817) 566-8311 INSTRUCTIONS TO BIDDERS 1. Sealed bid proposals must be received in duplicate. on this form. prior to opening date and time to be considered. Late proposals will be returned unopened. 2. Bids shall be plainly marked as to the bid number. name of the bid. and bid opening cafe on the outside of completely sealed envelope. and mailed or delivered to the Purchasing Department. City of Denton. 901 -B Texas St.. Denton. TX 76201 3 - My submitted article deviating from the specifications must be identified and have full descriptive data accompanying. same. or it will not be considered. a. All materials are to be quoted =08 Denton. Texas. delivered to the floor of the warehouse. or as otherwise indicated.. 5. The City of Denton, Texas reserves the right to accept separate items in a bid unless this right is denied by me bidder.. & In case of default after bid acceptance. the City of Denton. Texas may at its option nold Me accepted bidder or contractor liable for any and all resultant increased costs as a penalty for such default. 7. The City of Denton reserves the ngM to reject any and all bids. to waive all Informalities and require that submitted bid3 remain in force for a sixty (80) day period after opening or until award is made: whichever comes first. fi The quantities shown maybe approximate and could vary according :o the requirements of the City of Denton throughout the contract period. 9. The items are to be priced each net. (Packaging or snipping quantities will be considered.) 10. The Purchasing Department assumes responsibility for the-correctness and clarity of ;ms bid. and all information and/or questions pertaining to this bid snail be directed to the City of Denton Purchasing agent. 11. Any attempt to negotiate or give information on the contents of this bid with the City of Denton or its representatives prior to award shall be gounds for disqualifications. 12 The conditions and terms of this bid will be considered when evaluating for award. 13. 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