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2010-048ORDINANCE N0. 1 ~~O~g AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A COVERED PARKING STRUCTURE FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE BID 4430-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, LINKS CONSTRUCTION, LLC, IN THE AMOUNT OF $331,700}, 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 worl~s or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. 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 4430 Linl~s Construction, LLC $331,700 SECTION 2. 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, and insurance certificate after notification of the award of the bid, SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public warps 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 4, 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 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,ZO l o. RIB. :~.-B OUG S, MAYOR ATTEST; JENNIFER SALTERS, CITY SECRETARY BY; APPROVED AS TO LEGAL FORM; ANITA BURGESS, CITY ATTORNEY BY; 3-oR - R ~~3a ?3 fl - CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 16 day of February A.D., 2010, by and betweeri City of Denton of the County of Denton and State of Texas, acting through George C. Campbell thereunto duly authorized so to do, hereinafter termed "OWNER," and Links Construction LLC 101 N Austin St. Denton TX 76201 of the City of Denton, County of Denton and State of Texas , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and. complete performance of the work specified below: Bid 4430-Covered Parking Structure for Denton Municipal Electric in the amount of $331,700 and all extra work in connection therewith, under.the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: Kirkpatrick Architecture Studio all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 c Independent Status It is mutually understood and agreed by and between City and Contractor. that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax; withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or. in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the . benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 Right to Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be. kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of I% or greater. If an overpayment of 1 % or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. CA - 3 r IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. A TEST: City of Denton OWNER -BY: L (SEAL) ATTEST: ` CONT R ~nin ~7(ocl) 01 MAILING ADDRESS (D SY (a PHONE NUMBER T-7 'S -qtl5-7 FAX NUMBER TITLE APPROVED AS TO FORM: PRINTED N, &E (SEAL) 1 TA BURGESS, CI ATTORNEY CA-4 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Links Construction, LLC whose address is 101 N Austin St. Denton, TX 76201 hereinafter called Principal, and a corporation organized and existing under the laws of the State of , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of Three Hundred Thirty One Thousand Seven Hundred and 0/100 DOLLARS ($331,700) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2010-048, with the City of Denton, the Owner, dated the 16 day of February A.D. 2010, for Bid 44430 Covered Parking for Denton Municipal Electric. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall fully.indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be. void; otherwise, it shall remain in full force and effect. PB - 1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., 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, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the day of , ATTEST: PRINCIPAL BY: SECRETARY BY: PRESIDENT ATTEST: SURETY BY: BY: ATTORNEY-IN-FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: STREET ADDRESS: (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name) PB-2 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Links Construction, LLC, whose address is 101 N Austin St. Denton, TX 76201 hereinafter called Principal, and a corporation organized and existing under the laws of the State of , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of Three Hundred Thirty One Thousand Seven Hundred and 0/100DOLLARS ($331,700) in lawful money of the United States, to be paid in Denton, County, -Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2010- 048, with the City of Denton, the Owner, dated the 16 day of February A.D.2010_, for Bid #4430 Covered Parking for Denton Municipal Electric. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., 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, or to the Plans, Specifications, Drawings, etc. PB-3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite- notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Arinotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the day of , ATTEST: PRINCIPAL BY: SECRETARY BY: PRESIDENT ATTEST: SURETY BY: BY: ATTORNEY-IN-FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: STREET ADDRESS: (NOTE: Date of Payment -Bond must be date of Contract. If Resident Agent is not a corporation, give a person's name.) PB-4 r, CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the. insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may; upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general. specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: • Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. CI - 9 • That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Cancellation: The City requires 30 day written notice should any of the policies described on the certificate he cancelled or materially changed before the expiration date. • Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims. investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. CI - 10 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted. [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XC) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non-owned autos. CI - 11 [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. CI - 12 a [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and .specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. CI-13 ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown -on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: Cl - 14 i v 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension -of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage-of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) certificate of coverage, prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; CI - 15 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees -of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. CI - 16 J CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7t~' business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) TName of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? 0 Yes F1 No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? F-1 Yes F-1 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes 0 No D. Describe each affiliation or business relationship. 4 Signature of person doing business with the governmental entity Date Adopted 06/29/2007 CIO - I er r ORIGINAL BID No. 4430 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF DENTON MUNICIPAL ELECTRIC'S COVERED PARING STRUCTURE 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. The contractor shall provide the numeric unit price and the unit price in words for each quantity. Unit price in words governs over the numeric price given. 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 workdays shown on the bid tabulation sheet. PAGE P - 1 OF BID #4430 L BID'S Y TOTAL PRICE IN WORDS: Three hundred, thirty-one thousand, seven hundred dollars. 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. The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms that they are duly authorized to execute this contract. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et se g., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et se q. The undersigned agrees to complete all the work ready for the Owner's acceptance, within 60 calendar days after notice to proceed with the work is given by the Owner, fully realizing that the contract will carry liquidated damages provision in the amount of Three Hundred Dollars ($300.00) per day. PAGE P - 3 OF BID #4430 J Receipt is hereby acknowledged of the following addenda to the plans and specifications: Addendum No. I dated December 28th, 2009 Received December 28th, 2009 Addendum No. 2 dated January 5th, 2010 Received January 5th, 2010 Addendum No. 3 dated January 6th, 2010 Received January 6th, 2010 Addendum No. 4 dated Received Addendum No. 5 dated Received Links Construction, LLC CONTRAC BY Lee R ana in Partner 101 N Austin St. Street Address Denton, TX 76201 City and State Seal & Authorization (If a Corporation) 940-566-5465 Telephone PAGE P = 4 OF BID #4430 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas _ resident bidder- by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A below must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the blank in Section B. A. Non-resident bidders in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident bidders in (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas: X BIDDER: Links Construction, LLC COMPANY BY Lee Ramsey, Managing Partner 101 N Austin St Street Address Denton, TX 76201 - City and State THIS FORM MUST BE RETURNED WITH YOUR BID. PAGE P - 5 OF BID 44430 SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Bid Submittal) The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, the City of Denton has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Denton shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Denton, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA. regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish 'and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of Health (TDH), the Texas Parks and Wildlife Department (TPWD), the Structural Pest.Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the. United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in 1 determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of . Denton. PAGE SQ - 1 OF BID #4430 In order to obtain proper information from bidders so that City of Denton may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Denton requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO X If the bidder has indicated YES for question number one above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. _ QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, . received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. _ YES NO Xi If the bidder has indicated YES for question number two above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone _ acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO X If the bidder has indicated YES for question number three above, the bidder must provide to City of - Denton, with its bid submission, the following information with respect to each such conviction: Date of offense, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. PAGE SQ - 2 OF BID #4430 ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF DENTON I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this questionnaire will be . investigated, with my full permission, and that any misrepresentations or omissions may cause-my bid to be rejected. Signature Managing Partner Title - 1 a PAGE SQ - 3 OF BID #4430 Y t, CONSTRUCTION OF DENTON MUNICIPAL ELECTRIC'S COVERED PARKING STRUCTURE CITY OF DENTON TECHNICAL PROPOSAL PROPOSER'S QUALIFICATIONS ITEMS I THROUGH VI TO BE SUBMITTED WITH PROPOSAL PRICE BREAKDOWN NO LATER THAN 2 PM, CST, 7 January 2010 10-09 Page 1 of 7 DENTON DME L CC~ General Contractor's Name: Links Construction Address: 101 N Austin St City, State, Zip: Denton, TX 76201 Telephone No.: 940-566-5465 Fax No: 877-305-4657 Tax Identification Number: 26-1188345 1. GENERAL 1. Qualification information submitted shall be applicable only to the company entity or branch that will perform this Work. 2. Attach your Project Organization Chart and resumes of individuals who would be assigned to this project including project manager, superintendent, scheduler, quality controller, etc. - 3. Proposed project schedule (Bar chart acceptable). U. HISTORY 1. ® Corporation ❑ Partnership ❑ Sole Proprietorship ❑ Joint Venture State of Incorporation: Texas 2. In continuous business since: October 2007 Remarks (if required): 3. -Corporate Officers, Partners or Owners of Organization: Name Branch Manager Telephone Number Lee Ramsey 940-390-6558 Brandon Martino 940-231-5287 10-09 Page 2 of 7 DENTON DME v 4. Check box(es) cort-esponding to the nature of your business: Large Business (100 or more employees) ' ® Small Business (fewer than 100 employees) HUB Business Other (Define) 5. Has your organization ever defaulted or failed to complete any work awarded: ❑ Yes ® No If yes, stipulate where and why: III. EXPERIENCE 1. 'Normally performs 0 % of the work with own forces. (List Trades) 2. Propose to perform 0 % of the work for this project with own forces. (List Trades) 3. List major construction projects your organization has in-progress using format below: (Include as an attachment identified by item and sub-item). Name and Location of Project: 10-09 Page 3 of 7 DENTON DME u v Contract Amount: Percent Complete: Project Completion Date: Owner Reference Contact with Address and Telephone Number: Name Telephone Number Address Architect Reference Contact with Address and Telephone Number: Name Telephone Number Address 4. Total number and dollar amount of contracts currently in progress: Number $ ~21 3d0,000_ 5. Largest contract currently in-process: $6811995.00 Anticipated date of completion: 1/31/2010 6. List major construction projects your organization has completed in the last 5 years with completion date and references. Other projects of particular significance may also be listed. (Include as an attachment identified by item and sub-item). Name and Location of Project: 10-09 Page 4 of 7' DENTON DME eJ Contract Amount: .Percent Complete: Project Completion Date: Owner Reference Contact with Address and Telephone Number: Name Telephone Number Address Architect Reference Contact with Address and Telephone Number: Name Telephone Number Address 7. List pending claims and/or litigation at time of submitting Proposal. (Show project name, owner, owner's contact person with telephone number and summary explanation).. N/A N. SAFETY PROGRAM 1. List your organization's Worker's Compensation Experience Modification Rate (EMR) for the. .last four years, as obtained from your insurance agent. 2009 2007 2008 2006 10709 Page 5 of 7 DENTON DME 2. Complete-matrix for the past five years, as obtained from OSHA N.200 Log: 2009 2008 2007 2006 2005 Number of injuries and illness 0 0 0 Number of lost time accidents 0 0 0 Number of recordable cases 0 0 0 Number of fatalities 0 0 0 3. Are regular project safety meetings held for Field Supervisor(s)? ® Yes ❑ No If yes, frequency: ❑ Weekly ❑ Bi-monthly ❑ Monthly ® As Needed 4. Are project safety inspections conducted? ❑ Yes ❑ No If yes, who performs inspection? How often? 5. Does organization have a written safety program? ❑ Yes ® No If yes, provide a copy. It will become a compliance document upon contract award. Vi i Il Y-b a ~ 6. Does your organization have a safety orientation program for new employees? Yes ❑ No For employees promoted to Field Supervisors? Ct Yes ❑ No If yes, does your Supervisor Safety Program include instructions on the following: Yes NO Safety work practices Tool box safety meetings ❑ First aid procedures ❑ Accident investigation Fire protection ❑ New worker's orientation ❑ 10-09 Page 6 of 7 DENTON DME V. QUALITY CONTROL PROGRAM 1. Submit a complete quality control program which will become a compliance document upon contract award. 2. This plan should address all aspects of quality control including responsibility for surveillance work, acceptance, rejection, documentation and resolution of deficiencies, trend analysis and corrective action and interface with Owner's inspectors. VI. TRADE REFERENCES 1. Trade References (Additional references may be included as attached sheets). Organization: Agent: Name of Contract: Telephone No. Organization: Agent: Name of Contract: Telephone No. Organization: Agent: Name of Contract: Telephone No. Organization: Agent: Name of Contract: Telephone No. 10-09 Page 7 of 7- DENTON DME Attachment Item III. Experience, Sub Item 6. Links Construction, LLC Job Reference Sheet Woodlands Square Krugerville AirCo Haslett TX. Pecan Creek Remodel TX, Design/Build 6,200 Sq Ft Race Car Building Denton TX 6000 Sq Ft Strip Center Rick Thornton 817 507 5768 Approx. 40,000 Sq Ft Tilt Wall Brent Scott 702 682 4113 Exterior Repaint and Repair Trey Martino 5,400 Sq Ft RV Storage Woodlands Square #2 Rodger Donelly Frisco Eye Care Krugerville TX Krugerville TX. Design Build 972 670 3260 2000 Sq Ft Eye Doctors Office Scotts Nursery and Stone Coly Marsh 214 797 1694 2400 Sq Ft Landscape Nursery Brent Scott 702 682 4113 Michael Holman Frisco TX 1,500 Sq Ft Office Nova Electronics Michael Holman 214 616 1513 6,000 Sq Ft Office Bartonville DSW Services Dallas TX Lauri Boudreaux 972 478 7002 Building Addition Tom Hirosky 214 762 4047 Hickory St Retail Building Remodel Denton TX Basecom, Inc Ft Worth 3,000 Sq Ft Interior Demo and 6500 Sq Ft Building Glory of Zion Church Denton Reframe Warehouse on Army Base TX Tenant Finish Alex Payne 972 979 7727 2,500 Sq Ft Recording Studio DZ Atlantic Denton Lee Forest 940 206 5216 Law Building Denton TX Office Remodel - Warehouse Design/Build (Building Owner) Bruce Brown Boulder Creek Properties 20,000 Sq Ft Office Building. 940 383 9566 Building # 1 Frisco TX Design David Martino Build Adult Day Stay Center 7500 Sq Ft Office Warehouse Corinth TX Lease Buildin Boulder Creek Properties Building Office Remodel 5,000 Sq Ft Tim Euting 972 824 7126 Building #2 Frisco TX Design/ Build 7,500 Sq Ft Office Warehouse The Talon Apartments Lakeview Apartment Remodel Lease Building 20 unit, 17,000 sq ft bldg Tioga TX Tim Euting 972 824 7126 Rick Martino. 16 Unit 15,000 Sq Ft Full 940 368 2525 Remodel interior and exterior Rick Martino Enter Health Rehabilitation Hot Box Pizza Center Van Alstyne TX Tenant Finish Out 4,500 Sq Ft Restaurant/ Office Ells River Investements Medieval Times Dinner and David Kniffen 214 334 9380 Greg Johnson 940 381 4903 Tournament Sanger TX 15,000 Sq Ft Riding Facility . Jon Spier 714 612 8943 Enter Health Rehabilitation Alpha Academy Center Van Alstyne TX 13,000 sq ft daycare 1500 Sq Ft Resident Facility Ramona Grammas Linda Campbell Aubrey TX David Kniffen 214 334 9380 940 453 3506 2,250 Sq Ft Building Linda Campbell 214 734 2836 Honey Hall Remodel Denton TX Bernard Apartments 2,500 Sq Ft Recreation Center 12 unit apartments 12,000 sqft David Martino Clayton Little Quality Excavation Aubrey TX 469 628 3966 5,000 Sq Ft Building Garland Wilson 817 564 4946 o K 101 N. Austin St F. I Danton TX 76201 sy 940.566.LINK h w N;STR-UCT10N 877.30.LINKS Attachment Item VI. Trade References, Sub Item 1. Trade References: Title Resources Reid Heat Air 1112 Dallas Dr, Ste 402, Denton, TX P.O. Box 355, Pilot Point, TX Keith Pierce (940)381-1006 Randy Degraffenreid (940)390-3693 Builders' First Source (Lumber/Trim/Door Supplier) Wilson McClain Plumbing PO Box 844106, Dallas, TX PO Box 1114, Krum, TX Mark Carpenter (214)882-2772 Robert Bell (940)482-7910 Legendary Drywall Southwest Door 8s Window PO Box 1947, Pilot Point, TX PO Box 720071, Dallas, TX Dennis Deal (214)878-3384 Brandon DeVore (214)497-4566 Bates Architects Landmark Surveyors 1300 N Locust St, Denton, TX 4238 135 North, Denton, TX Michael Bates (940)387-4881 Jerry Yensen (940)382-4818 Ridgeline Engineering JRJ Custom Painting Co 101 N Austin St #1, Denton, TX 8671 Santa Clara, Frisco, TX Bridgett McBride, P.E. (214)551-2617 Jose Ramirez (214)557-3735 Quality Excavation, Ltd. LFS Construction 5620 Highway* 377, Aubrey, TX 2115 Teakwood, Ste 450, Plano, TX Garland Wilson (817)564-4946 Mark Whitchurch (972)964-2161 Bank References: Access 1st Capital Bank Northstar Bank of Texas Wells Fargo Bank, N.A. Jason Adamson, VP Jeremy Fykes, VP Lee Denton, Sr. VP 724 Myrtle, Denton TX 400 N. Carroll Blvd 101 S. Locust St, Denton, TX (940)594-0167 (940)591-1200 (940)381-7392 a Attachment Item III. Experience, Sub Item 3. 102 N Locust, Denton TX Chi Dao 1801 Hinkle; Denton, TX John Porter 312 Rockhill Rd, Aubrey TX Ramtino 3401 Carmel, Denton, TX Ricky Powell 124 Rose Lane, Hackberry TX Tim Euting = E E ~ ~ C ~ ; i i ; € ~ # S € s f cv) (-o 04 st lV i € } E .V s f S € Q j € 3 3 p= # =Qi € € gyp' cy) 04 M CY) =N cif € E CIO cu m S f t ; : ~ i f < ~ ; € i t s € CY) CY) 1 cu y per? x i = ; _ ~ i € € ' - € , ~ > , 2'i'' € € _ ~ € € f E i i Nt Nt i j Ai g s cu € i g t I ms's (~I € j i € :p t t apt 'pU ` z £Q € 1 i p ; ip € t l(o C-4 j (0€ CU` f €Q1 € € Q# `Q Fp( 'QE ~ ~ gyp: ~ ~ ? n No E i ? € y q€ € 5 # CC) s € i S i CU a) v~ }p<m< t i €p gip. € _ Q£uj f pF t D A' s 3 £ i W f € € ? € t < CID 1 04 m cu 0< p p> # It E. R. (Ramsey) Reasoner 3906 Tristan Court Denton TX 76208 OBJECTIVE: A responsible position that utilizes my extensive training and experience in design, construction, co-ordination of design/build operations, or construction management, and utilizes my abilities to organize, co-ordinate, and supervise large or small scale operations of personnel and materials. EDUCATION: 1962-1963 - School of Engineering, University of Missouri, Columbia, Missouri 1963-1968 - School of Architecture and Urban Design, University of Kansas, 1969 - School of Economics, University of Missouri at Kansas City 1991-1992 - Emmaeus Road Ministry School, Bedford, Texas PROFESSIONAL EMPLOYMENT HISTORY: 2008-Present Chief estimator for Links Construction LLC, of Denton, Texas. Duties include estimating all projects, including new construction, renovations and tenant improvements, ranging from $5600.00 to $2.5 million. Other duties include permitting projects in the various cities in the North Texas D/FW Metroplex and interfacing with the various city officials. Minor Project Management is also part of the duties, working with clients and Links Construction principals and superintendants as needed. 2000 to 2008 Construction Administrator/Project Manager, L. M. Holder III, FAIA of Austin, Texas. Project Manager and Construction Administration for commercial projects, both new construction, renovations and tenant improvements. Knowledge of current"building codes, ADA/TAS codes, permitting procedures. Project Management Manpower, Inc. Interior Tenant Improvement, 3400 sq.ft. of first floor space in downtown Chicago high-rise. T-Mobile Retail Stores Tenant Improvement of over 200 sites in 10 Midwestern states, including mall kiosks, mall in-line, strip centers and free-standing buildings. Both new.shel-l and renovation of existing spaces. Texas Disposal Systems, Inc. Site planning and building facility planning for expansion of operations. Austin High School Interior renovations to cooking lab, classroom and new restroom. Construction Administration Perry Brooks Building Interior renovations, tenant improvements, garage renovations, two-story lease space addition of downtown Austin building. J 1 Littlefield Building Various tenant improvement and building renovations of downtown Austin Building. Scarborough Building Various tenant improvement and building renovations of downtown Austin Building. Jester Village Shopping Center, Building 3 New 11,500 sq. ft. shell retail/office building in Northwest Austin shopping center. Johnston High School Interior classroom, corridor and print shop renovations. Addition of new rooftop mechanical. penthouses and mechanical renovations. Shepherd Mountain Office Building New 31,700 sq. ft. 2-story shell office building over parking garage in Northwest Austin. Lehtonen Office Building New 45,000 sq. ft. 2-story shell office building over 1 %2 level parking garage in Northwest Austin. Tower of the Hills Tenant improvements and building renovations in existing 165,000 sq. ft. 10-story office building in Northwest Austin. Tower Pointe Tenant improvements and building renovations in existing 45,000 sq. ft. 2-story office building in Northwest Austin. Capitol Tower Renovations Interior and exterior renovations to existing 19 story downtown office building. Brazos Place Renovations interior and exterior renovations to existing 14-story downtown Austin office building. Includes converting floors 6-14 to condominiums. 1986 to 2000: Private Custom Contractor - residential and light commercial Residential remodeling and renovations Repairs and renovations for realty & banking concerns: Inter-First Bank/NCB, Henry S. Miller Realty, Deannie Owens Realty Planning and design of multi-million dollar Worship Center, Church of the Hills, Cedar Park, Planning and design of Worship Center, Round Rock Chapel, Round Rock, Texas 1980 to 1986 Vice-President, GM [and co-founder] Trinity Developers, Inc. relocated to Austin from Corpus Christi, TX. Focused on new residential single-family housing, $75,000 to $320,000, from zero-lot line to estate homes, in subdivisions such as Oak Forest, Lakewood, Cat Mountain Villas, Spicewood Estates, McNeil Estates, Northwest Balcones, Estates Above Lost Creek, Cliff Over Lake Austin, Jester Estates, and Blockhouse Creek. Responsible for all phases of TDI operations, including forecasting, planning, design, customer relations, contract negotiations, land/lot development & marketing, estimating, bidding, sub-contractor negotiations, supervision of crews. TDI dissolved in 1986. 1976 to 1980 Co-founder of KEN BRASELTON, DEVELOPER, serving as Vice-President/GM. Founded in 1976, focus was to design and build single-family homes in the Corpus Christi area. This evolved into TRINITY DEVELOPERS, INC. in 1978. KBD and TDI built and sold over 50 custom and customized speculative homes in the Corpus Christi area between 1976-1982. Associate with Kenco Builders, Inc. after relocating to Corpus Christi, TX in 1976. Designed, planned, and built multi-family residential projects, including: East Park II Apartments, 168 units, Victoria, TX Venture III Four-plexes, 16 units, Portland, TX Stonehill Apartments, 252 units, San Antonio, TX 1969-1976 Associated with several architectural and planning firms in Kansas City area, involved at all levels, including project manager, .on a wide variety of projects, including: TWA Overhaul Facility,.Kansas City International Airport Methodist Hospital and Medical Center, St. Joseph, Missouri A. T. & S. F. Hospital, Topeka, Kansas Learned Hall addition, School of Engineering, University of Kansas, Lawrence, Kansas Bethany Park Community Center, City of Kansas City, Kansas Municipal Office Building, City of Kansas City, Kansas Quivira Falls P. U. D., Overland Park, Kansas City Hall remodel, Overland Park, Kansas AFFILIATIONS/ACTIVITIES : * College Baseball, University of Missouri * Sigma Alpha Epsilon Social Fraternity * Scarab Honorary Architectural Society * Associate Member - AIA * Past President - Greater Kansas City Junior Chamber of Commerce (JayCees) * Member- Corpus Christi Builders Association * Member - School Board, Faith Christian Academy, Corpus Christi * Officer - Adult chapter, Fellowship of Christian Athletes, Corpus Christi * Board Member - Christian Family Entertainment, Corpus Christi * Member - Greater Northwest Austin Chamber of Commerce * Member - Northwest Austin Rotary Club * Elder, Faith Temple, Corpus Christi * Director of Men's Ministry [voluntary], Church of the Hills, Cedar Park 2209 Archer Trail (940) 594-1467 Denton, TX 76209 John Squier Objective Commercial Construction Management Experience 2003-.2008 Grand Homes Dallas, TX New Homes Sales Builder - Sales of new homes in Dallas-Ft Worth area - Responsible for building new homes - Managed all phases of construction - Top Sales and Customer Satisfaction Awards 1983 -2003 John Squier Construction Denton, TX Trim Contractor 1-Homebuilder ■ Responsible for all company's sales and operations ■ Reviewed plans and specifications ■ Estimated labor and building materials ■ Met with Banking, Mortgage and Title entities ■ Selected and supervised sub-contractors ■ Responsible for customer satisfaction and follow up 1974-1976 Pak-Sher Manufacturing Kilgore, TX Foreman; 3rd Shift - Responsible for supervising manufacturing of plastic products - Warehouse operations Education North Texas State University Denton, TX ■ Bachelor of Science, Education, 1981 ■ Post-graduate work in Mathematics Kilgore Junior College THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Links Construction, LLC 101 N. Austin Street Denton, TX 76201 as Principal, hereinafter called the Principal, and International Fidelity Insurance Company One Newark Center, 20th Floor Newark, NJ 07102-5207 a corporation duly organized under the laws of the State of NJ as Surety, hereinafter called the Surety, are held and firmly bound unto City of Denton Texas, Purchasing Department 901-B Texas Street Denton, TX 76209 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars 5% 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 Bid No.4430 - Covered Parking Structure for Denton Municipal Electric NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or in the event of the failure of the Principal to enter 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. Signed and sealed this 7th day of January, 2010 • . Links Construction, LLC (Ainc, ) (Seal) (Witne ) By: International Fidelity Insurance Company ( rety) (Sea!) (Wit ss) By: o Brady K. CO/"'Mt11) AtorneY-in-•fact AIA DOCUMENT A310 • BID BOND • AIA ° • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call International Fidelity Insurance Usted puede llamar at numero de telefono gratis de Company's toll-free telephone number for information International Fidelity Insurance Company's para or to make a complaint at: informacion o para someter una queja al: 1-800-333-4167 1-800-333-4167 You may also write to International Fidelity Insurance Usted tambien puede escrbir a International Fidelity Company at: Insurance Company: Attn: Claims Department Attn: Claims Department One Newark Center, 20:h Floor One Newark Center, 20"' Floor Newark, NJ 07102 Newark, NJ 07102 You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de Seguros de to obtain information on companies, coverages, rights Texas para obtener informacion acerca de companias, or complaints at: coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance: Puede escribir at Departamento de Seguros de Texas: P. O. Box 149104 P. O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax: (512) 475-1771 Fax: (512) 475-1771 Web: httu://www.tdi.state.tx.us Web: httr)://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your premium Si tiene una disputa concerniente a su prima o a un or about a claim you should contact the (agent) ' reclamo, debe comunicarse con el (agente) (la (company) (agent or the company) first. If the dispute companea) (agente o la companea) primero. Si no se is not resolved, you may contact the Texas Department resuelve la disputa, puede entonces comunicarse con el of Insurance. departamento (TDI). ATTACH THIS NOTICE TO YOUR BOND: UNA ESTE AVISO A SU FIANZA DE GARANTIA: This notice is for information only and does not Este aviso es solo para proposito de informacion y no become a part or condition of the attached document- se convierte en parte o condicion del documento adjunto. Tel 973 624-7200:.::. POWER.:.OF..:ATTOI~.NE:.........: INTERNATIONAL:. FIDELITYINStJ]EZA1vCE COMPANY HOME ER=20TH FLOOR :...OFFICE: ONE 'CENT NEWARK :NEW JERSEY----.---071-02_6207- r.KNOWALL MEN BY THESE PRESENTSc' ::That:INTERNATIONALFIDELITY INSURANCE.COIVIPANY, corporation:organized:arid:existing.;." laws;of. [he Slate of _New'Jersey., and::having its ynncipal office inane :City of Newark, New Jersey,. does -hereby constitute :and:appoiiit. :BRENT::BA:LDWIN. °JENNIFER E CLARK BROCKBALDW'IN; .MICHAEL B.:;HILL,;WILI:IAM .D. BAI DWIN; <; 'BRA D Y.'.-'K .CO Ricfiardson, TX. . . its .true:and lawful:attorney(s =in=fact: to execute,'aeal-and dehver-.for and-omits behalf as:surety, an ` and;.all bonds and;undertakings, contracts;:of_indemrutyand : . other writings::obligatory mthe nature thereof, which..are or may be allowed,:..required or eTmitted byy law; stature,'rule; regulation,;:contract or otherwise,.'and the executiori' of 'such: mstrumenf(s) in`. pursuance of these presents, ;:shall: be as in ling upon. the said INTERNATIONAL FIDELITY ::INSURANCE COMPANY; as :full ::and>ain l , ao: all.:intents'and purposes; as .if the:_same had been'duly.executed and acknowled `ed,b itsre arl elected officers: at its rinci al office... rd o f the -Boa w -ad o fed b ` cti n. La s rh 1 3 and~b•~ authoriof A ~v'~- ursuant t Y ';<This; Power of:`Attorne :is executed , and :ma be re oked, p o - y. - . ty 3 of the.=B , yy yy Direciors of. INTERNATIONAL FIDELITY: INSURANCE COMPANY: at a meeting called.:and held: on the :.7th` day of February, 1974.:::;.: ower and authority -.-The. President:or.:any.. Vice'President;: Executive Vice'President,:Secre or Assistant.Secretary, shall fiave P ty (1) To appoint- k6- to authorize them to execute on'behalf of the`Coinpany, and-attach the"Seal :f the Company thereto,"bonds and undertakings, contracts of indemnity and.other writings obligatory. in. nature thereof and, 2 To remove, at:an me, an such attorney-in=fact and revoke [lie authority given.;:,: wer f Attorne is si ` ed and sealed.b facsimile"'`ursuant to resolution of the Board of.Directors of said.Conipany-adopted. at 'a meeting ' Further, this Po o y gn Y P. duly called and held `on the 29th day ..of April,:1982 of which the following is a. true..excerpt: t '.relatin thereto b Now therefore the si ~ natures of such officers and the seal of the Coin any ma j be affixed`to any_sucpower of attorney. or any certifica e g by facsimile-, and any such power of attorney or certificate bearing such.facsimile signatures or'facsimile seal shall be valid- and bindin upon the Company and any sucfi:power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.: TY /Nf 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 16th day of October, A.D.2007._ I? C ~O y INTERNATIONAL FIDELITY INSURANCE COMPANY ' _ SEAL STATE OF. NEW JERSEY r:. y County of.Essex : - : .Secr ::On this:l6th day:-'-- 2007;.before'me:came the.:individual;.who executed the precedmg ~in~strument,-:to-me personalIy"..known, and, being by me duly x: sworn, said ahe he is .the therein described and authorized officer of. e :INTERNATIONAL FIDELITY INSURANCE COMPANY;-that the seal affixed. to ` said instrument is the:.Co orate`Seal::ofsaid Company; that tlie.said.;Corpoiate:Seal and his:signature were duly affixed:by order of..the.Board of.Diiectors:of . :said C om Pan X is W) EREOE have'Mreunto set m hand affixed m Official Seal;. IN TEST A R IMONY. . . . b - the di iv New Jerse the da . and. e first at tY Y Y Y. NOTARY , U E3 L C: IV . A:NOTARY RUBLIC:OF;NEW:_JERSEY:::: . Coininis§'ion Ex fires Nov;22010` CERTIFICATI y: gg. fficer of:INTERNATIONAL'FIDELITY'INSURANCE>COMPANY do hereb cetti that I havecom tired tliefore oin co I,.:the undersigned_o . . orn~ ' vii, and .of Attey, with'the ORIGINATE the:co :of Section of..the B -'Laws of §aid Coriipany, asaet fo rth insaid:Power :P.ower:- of Attorney :and affida the: „ pY..... HOME OFFICEO ,;and;that tfie said Power, - SAID COMPANY ...'.:atid that the same::arecorrect transcripts;ttiereof _and;of the`whole:of.the said origiizals >::`;of Attorney has not': been revoked and is nowan full force and effect : 7.th :;.d anuar'"::. 201.:b.. Y:..:.- aY ESTIMONY'. WHEREOF,. I, have her... y, : 'e•Ga~. . of Secreta ssis~ to A Bond No. TXIFSU0360002 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS:- That _Links:Construction, LLCwhose address is 101:N-Austin St: Denton TX 762011111 hereinafter called Principal, and International Fidelity Insurance Compan a corporation -~organized and existing under. the laws of the State of New Jersey , and fully authorized -to . transact :business. in- the State of Texas, As Surety, are held and firmly bound unto the City of Denton., a: m uucipal- -corporation organized and existinng under .the laws of -the State of Texas; hereinafter called Owner, in the penal sum o hree Hundred - Thirty 'One Thousand Seven Hundred and 0/1:00 LARS ($331,70J lus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated. damages arising out of or connected with the below identified Contract, in lawful money of the United , States, to be paid in Denton County, Texas; for the payment of which sum -well and-".truly to -be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and .assigns, jointly and :severally, firmly by these presents. This Bond shall automatically -be increased by the amount of any Change Order or Supplemental Agreement, which increases -the- Contract price, but in no' event shall -a Change Order or. .'Supplemental Agreement, which reduces- the Contract price, decrease the penal -sum of this Bond. THE OBLIGATION. TO 'PAY SAME is -coiiditioned.-asIollows: Wherea , the Principal entered into a certain Contract, identified by Ordinance Number .20 ° -04.8,-th the -City of Denton, the Owner, dated the 16-day of Februar. - A.D. 201o,✓for Bid #4430 Covered Parking for Denton Municipal Electric. NOW, THEREFORE, if the Principal shall well, truly and- faithfully perform and fulfill all of the undertakings, 'covenants, terms, conditions and: agreements of said Contract in accordance with the Plans,' Specifications and Contract Docu e' nts during the original term thereof and. any extension thereof which may be.gratted*-by-the Owner, with°or,without notice-to the Surety, and during the -lifeof any guaranty or.warranty ::requifed.under.-this Contract, and shall also well and truly perform- and fulfill- all the undertakings, covenants; terms, conditions and agreements of-any and all duly authorized modifieatioris of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if .the Principal shall repair and/or replace all defects due to faulty. materials and workmanship that appear within a period of two (2) . years from the date of final completion. and final -acceptance of the Work by the Owner; and, if -the Principal shall fully indemnify and. save harmless: the Owner. from all costs and damages which Owner 'may suffer by reason of failure -to so perform 'herein and shall fully. reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then -this obligation shall be void; otherwise, it shall remain- in full force and effect. PB - 1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall.lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change; extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans,- Specifications, Drawings; etc., 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, or to- the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253- of the Texas Government Code, as amended, and.any other applicable statutes of the.State of Texas. The undersigned and designated agent is hereby designated by.the Surety herein as the Resident Agent in Denton County to whom-any requisite notices may be delivered and on whom- service of process may be had in matters arising out of such: suretyship, as provided' by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF,.this instrument is executed in four copies each one of which shall be deemed an original, this the 25 day of February- 2010 ATTEST: PRINCIPAL Link on ~ti on, LLC BY: SE TARP U BY: PRESIDEN aka IA &l ATTEST: SURETY ` In~onal Fidelity Insurance Co any Candice Pierson, Witness BY: - -FAC Br dy N~l _1L The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: William D. Baldwin STREET ADDRESS: 1201 Kas Dr., Suite B, Richardson, TX 75081 (NOTE.- Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation; give a person's name) PB-2 \NISNO Bond No. TXIFSU0360002 PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Links Construction,. LLC,`fwhose address is 101 N Austin St. Denton, ,TX 76201 hereinafter called Principal, and International Fidelity Insurance Company corporation organized. and existing under the -laws of the State of New Jersey and"fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, -and corporations who may furnish materials for, or perform labor upon, the building or -improvements hereinafter- re ed to, in the penal sum of Three Hundred Thirty One Thousand Seven Hundred-and 0/10LARS. ($331,70 n lawful money of the United States, -to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our.. heirs, executors, administrators, successors, and assigns, jointly and severally, - firmly by these presents. This Bond shall automatically be increased' by. the amount of any Change Order or. Supplemental Agreement which increases the Contract .price, but in .no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the -penal- sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Wher, the Principal entered into 'a certain Contract, identified by Ordinan ce Number,, 10- )48,✓with the City of Denton, the Owner, dated. the 16 ay of.February A-.D.2010_✓for Bid #443.0 Covered.-Parking for Denton Municipal Electric NOW, THEREFORE, if the Principal shall well, :truly and faithfully perform its duties and- make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be-made, notice of which modifications. to- the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., 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, or to thePlans, Specifications, Drawings, etc. PB-3 V ~ This Bond is given pursuant- to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is. hereby designated by the Surety herein as the Resident Agent in Denton County to whom.any requisite notices-may-.be delivered: and - on-whom service. of process. may be had in matters- arising out of such- surety, as-provided by Article 7.19-1 of .the Insurance Code, Vernon's- Annotated Civil:-Statutes. of the State of Texas. IN WITNESS WHEREOF, this instrument is:-executed in-four-.copies , ch one of which shall be deemed an original, this the 25 day of February 2014D ATTEST: PRINCIPAL L'nks ruction, LLC/ BY: SECRETARY BY: PRESIDE ATTEST: SURETY ~oU•~", y ,~-r6,~~~ s International Fideli Insurance Company 3a✓~: j BY: Candice Pierson, Witness BY: ~~A_ A_~ A A ITT - A T rady . Gox;'~ The Resident Agent of the Surety in Denton County, Texas for delivery-of notice and service of the process -is: NA.N1E: William D. Baldwin STREET ADDRESS: 1201 Kas Dr., Suite B, Richardson, TX 75081 (NOTE: Date of- Payment Bond must be date. of Contract. If Resident Agent is not a corporation, give a person's name.) PB-4 ~~VL IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call International Fidelity Insurance Usted puede llamar al numero de telefono gratis de Company's toll-free telephone number for information International Fidelity Insurance Company's pars or to make a complaint at: informacion o para someter una queja al: 1-800-3334167 1-800-333-4167 You may also write to International Fidelity Insurance Usted tambien puede escribir a International Fidelity Company at: Insurance Company: Attn: Claims Department Attn: Claims Department One Newark Center, 2e Floor One Newark Center, 20"' Floor Newark, NJ 07102 Newark, NJ 07102 You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de Seguros de to obtain information on companies, coverages, rights Texas para obtener informacion acerca de companies, or complaints at: coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance: Puede escribir al Departamento de Segur6s de Texas: P. O. Box 149104 P. O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax: (512) 475-1771 Fax: (512) 475-1771 Web: ht_tp://www.tdi.state.tx.us Web: http://~vww.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your premium Si tiene una disputa concerniente a su prima o a un or about a claim you should contact the (agent) reclamo, debe comunicarse con el (agente) (la (company) (agent or the company) first. If the dispute compania) (agente o la compania) primero. Si no se is not resolved, you may contact the Texas Department resuelve la disputa, puede entonces comunicarse con el of Insurance. departamento (TDI). ATTACH THIS NOTICE TO YOUR BOND: UNA ESTE AVISO A SU FIANZA DE GARANTIA: This notice is for information only and does not Este aviso es solo para proposito de informacion y no become a part or condition of the attached document. se convierte en parte o condicion del documento adjunto. ..F~S ~ A. „fir . ......rJ b~ •~v ;\~J'~:': der,, iC '-ir. ~5~ r ~ t. .v `.s' ::.:.::::-.F s.l-.~., ...y u Y \~,~>'~rt v.Ll~: ,;D~ ~..4`•-:-Y.: 0. a J'• ~ ) • 't,.:~.Tl Gl: ~~73: .624-7'200-. r' "•4 ~ a: £ < POWER OF ATTOI~.NE T L - j' INTERNATIONAL ::FIDELITY::: HOME OFFICE; ONE NEWARK CENTER ::20THFLOOR ti NEWARK, NEW: JERSEY::':07102 5207 ; r. KNOW Al MEN BY THESE PRESENTS That INTERNATIONAL;''FIDELITY INSURANCE.COMPANY,•.~a.co oration "or aniied.and::existin g.. g• .-:laws-:of;the:State f N w: - rP e. Jersey, and having :its pnnctpa wark N c of,. Neew Jerse :doesrhereb l office ~n the::Ctty onstttute:and.:a omt: BRENT BALDWIN, NNIFER J.:CLARK, `BROOK BALDWIN- --MICHAEL B HILL, WILLIAM D, BALDWIN r _ .COX `:1 Richardson its.tiiie:and iawful.attorne s = fac :.t o execute;--: 1 and v sea deft er.f , or an --:its behalf.:as sure in an and.:all:bonds•and::undertakin s :eontracts'of:indemm %and other watt Y n s obli ato .>m the nature g•,.-. g ry.. thereof;;:.wh~ch:.are of maybe allowedyu~ed;or . eitte:.b ;law,:stature,::rule;:re lationcontract or.otherw~se;:and thesr runon f o such: instrumment(s) ~n>,pu`rsuance.;?of these resents;ahall be:: as;tut m u on: q:- aid: INTERNATI NAL FIDELITY:;IN SURANCE. COMPANY; as;full . , and a 1 y: p y, to all; intents "and purposeas;if .the. same, h:.ad been duly.:'.executed and acknowledged; b its re larl "elected officers; at its T his:P we o r of Att rri ' o e . i ez - s ecuted and m a e reke - C o d ~ ur uan . , p s tao and by.authoriry of Article 3 Section 3, of t1ieBy=Laws-adoppted by tte Board of~- Dtrectofs_ of INTERNATIONAL FIDELITY INSURANCE COMPANY;at a meetm call edand ;field :on the 7th::.da of :Februa 197.4:... President.or an :;Vice President' Exec tiv >V`' . u e ice Pre ident .,..,..y.....:., - s , :Secrets -or Assistant;Secreta-' , shall':fiave ~ower.and:authori 1 To a oint Attorne s in-fact and to authonze them to execute' ori`behalf of the°Com an and-:.attach the Seal`-)f the Com an thereto; bonds and ;:::_':undertakings, contracts of indemnity and other writings obligato::inahe.nature thereof:.an, d 2).:To;,remove; at:any'aiine, any such atfomeY.=in-fact and revokethe authorih' given.: . . g . Furthe' r this-:Power:.of Attorne is sighed and`sealed:b facsimile;:pursuantao. resolution;of the Board of.Difectors bf-*said'`Com an ado ted at a.meetin e d n th'e:2 yy dul :called:and'h 0 9th~da - o A r l .19 2' f :whic . 8 o h the:.f 11 wing 0 o s a :true;'.excerpt: w;.;. s ofauch ffi .r..•-- o .:there of' re the si `nature` o ce s and : s "eal- f o the Can g::.. o. - mp_- y : m a be-affxed::;toany;`.'such` ower~of:att orriey.or an~ certificate~i•elatin`-:tfiei•eto b facsimiland-any such:'power:of attorney;_or:.centfeatebearing suchfacsimilesi natures oi:facsimile seal shall be;;validand;bindm :u `on t1e:Com an :and an such':. ower so:executed`and certified b facsimile si natures and: facsimile seal shall be valid and::biridin upon e.;-COM:an in a future with respect to an bond`or:'undertaken to ,which it.f: g ►f':Y<= IN'T TIM N / ES O Y.WHEREOF;::'INTERNATIONAL FIDELITY:INSURANCE-COMPANY:has caused th~s.instrum6nf to be signed:and.ats:.corporate seal tobe affixed' by its: authorized officer, this 16th day.<of 06tober,2007 ..INTERNATIONAL::FIDELITY INSURANCECOMPANY.. 'SEAL STATE'-OFD. NEW JERSEY::.':. - 1904 C-j . . ecre ry. O ~s 1 6th da f: t" r 2 7 o Oc obe 0 of re..me<carne the mdtvi :-:w 0 b o dual h executed the>- receding i rument =t' .ri o p ins o. e. eisonal~ly known, and; been b me dul sworn,said:the he isahe thereindescribed;and authonzedofficer.:`oftlie- INTERNATIONAL FIDELITY:INSURANCE COMPANY;.~that the.aeal:,affixed; to ;said mstrumetit is the;.Co ; prate. Seal' of.;said;;Com an that th'eaaid<Corate Seal and;hisaignature _were.. ul . aff zed. b order ofal e Board::of.Directors;:of P Y orb y.:..::.::: ; y . ;said-:Coin an Y TESTIIv10NY WHEREOF :I have'fiereunto m a fix m ffi is A o set h rid of ed O at the G~ of:Newark New Jere 'atie'da and.. r first' r t a v ':written. NQTARY> A:;NOTARY~ PUBLIC'OF.. NEV1!.7ERSEY,.: IVI ;.Commission Ex i es Nov;:...-2 20T0:``:`>': Y Pre • CERTIFICATION'.;';. ::::`::I ::she uridersi- ned ..ffi ' f INTE : < :aha au` " .f 'r " m f.the g „ o o RNATIONAL: FIDELITY INSURANCE,CONTt Q-NY• do hereby ceafy t:I :h . e.compaied the o ego g; copy o Power of Attorne ..;and affidaYrt;` and the.;eo "':of`the:8ection ofahe B. -I.aw said C rn anasaet"foith in said Powerof-Attorne with the ;ORIGINALS .ON... Y tea.:.'-~+,_~_:.h . = r•.. IN T'HE HOME OFFICE OF`.SAID-;COMPANY,:and'that the•same a e:doree.,trrijZ ereef,':and;of:the hole of the said :ori inals,.and-chat thesaid Power of:Attorney,has not beenrevoked ",an As now<m>full force;and;effect.,,,, ~'x ;rte f t :-,IN• TEST;IMONY WHEREOF, I havehereunto set my fiand tlii~ r•2'. -may .c,t 17r=:uar :::2010 :tea _ r _ y.,::: : _ - . •:Ass sta t SecTeta ry L f AcoRn CERTIFICATE OF LIABILITY INSURANCE OP ID Aw DATE(MM/DD/YYYI) LINKSCO 02/24/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE BALDWIN-COX AGENCY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1201 Kas Drive, Suite B ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Richardson TX 75081 Phone: 972-644-2688 Fax: 972-644-8035 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Mt. Hawley Insurance Co. INSURER B: Texas Mutual Insurance Co 22945 Links Construction, LLC V INSURER c: Travelers 10647 101 N. Austin St. 0 Denton TX 7 62 O 1 6.~x INSURER D: 1 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSU CE POLICY NUMBER IPOLICY EFFECTIVE POLICY EXPIRATION DATE MM/DD/YYYY DATE(MMIDDNYYY) LIMITS GENERAL UABIU H OCCURRENCE $1,000,000-,' A X COMMERCIAL GENERAL LIABILITY MGL0152949 07/31/09 07/31/10 PREMISES(Eaoccurence) $ 100,000 CLAIMS MADE a 0 CU MED EXP (Any one person) $10,000 X Blkt Add In PERSONAL aADVINJURY $1,000,000 X Blkt WOS GENERAL AGGREGATE $ 2, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s2,000,000 POLICY X JECOT- LOC AUTOMOBILE LLABIL C X ANY AUTO BA-1022P07j/ 10/06/09 10/06/10 (Ea OMB accident) dent) NGLELIMIT $ 1i000i000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) X BLKT AI PROPERTY DAMAGE $ X BLKT WOS (Per accident) GARAGE LIABIUTY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE $ OCCUR F ]CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION - AND EMPLOYERS' LIABILITY TORY LIMITS ER YIN B ANY PROPRIETOR/PARTNER/EXECUTIV SrsP-0001296431 2008 02 1/ 12/02/09 12/02/10 E.L EACH ACCIDENT $ 1 , 000, 000 f OFFICEWMEMBER EXCLUDED? t~1 (Mandatory in NH) BLKT WOS E.L. DISEASE - EA EMPLOYEE $ 1 , 000, 000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE -Covered Parking Structure for Denton Municipal Electric~City of Denton, its Officials, Agents,Employees & volunteers are listed as ~dditonal insured with respect to the General Liability policys per attached CG 2033 a 2037 forms) and on the Auto Liabilty policywWaiver of~ubroaation in favor of the City of Denton wi respect to the Workers' Compensation/ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TJ3E EXPIRATION CITYDEN DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR I IABILTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR City of Dento REPRESENTATIVES. 221 N . Elm AUTHORIZED REPRESENT Denton TX 76201 ACORD 25 (2009101) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD